I 

109TH CONGRESS 

1ST SESSION H. R. 212 

To amend title 28, United States Code, to provide for the appointment 

of additional Federal circuit judges, to divide the Ninth Judicial Circuit 

of the United States into two circuits, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005 

Mr. SIMPSON introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend title 28, United States Code, to provide for the 

appointment of additional Federal circuit judges, to divide the Ninth Judicial Circuit of the United States 

into two circuits, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ninth Circuit Court 

5 of Appeals Judgeship and Reorganization Act of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 
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1 (1) the term ‘‘former ninth circuit’’ means the 

2 ninth judicial circuit of the United States as in ex3 istence on the day before the effective date of this 

4 Act; 

5 (2) the term ‘‘new ninth circuit’’ means the 

6 ninth judicial circuit of the United States established 

7 by the amendment made by section 3(2)(A); and 

8 (3) the term ‘‘twelfth circuit’’ means the twelfth 

9 judicial circuit of the United States established by 

10 the amendment made by section 3(2)(B). 

11 SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. 

12 Section 41 of title 28, United States Code, is amend13 ed— 

14 (1) in the matter preceding the table, by strik15 ing ‘‘thirteen’’ and inserting ‘‘fourteen’’; and 

16 (2) in the table— 

17 (A) by striking the item relating to the 

18 ninth circuit and inserting the following: 

‘‘Ninth .................................................. Arizona, California, Nevada.’’; 

19 and 

20 (B) by inserting after the item relating to 

21 the eleventh circuit the following: 

‘‘Twelfth ............................................... Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, 

Oregon, Washington.’’. 
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1 SEC. 4. JUDGESHIPS. 

2 (a) NEW JUDGESHIPS.— 

3 (1) FOR FORMER NINTH CIRCUIT.—The Presi4 dent shall appoint, by and with the advice and con5 sent of the Senate, 2 additional circuit judges for 

6 the former ninth circuit, whose official duty stations 

7 shall be in Arizona, California, or Nevada. 

8 (2) FOR NEW NINTH CIRCUIT.—The President 

9 shall appoint, by and with the advice and consent of 

10 the Senate, 3 additional circuit judges for the new 

11 ninth circuit. The judges authorized by this para12 graph shall not be appointed before January 21, 

13 2006. 

14 (b) TEMPORARY JUDGESHIPS.— 

15 (1) APPOINTMENT OF JUDGES.—The President 

16 shall appoint, by and with the advice and consent of 

17 the Senate, 2 additional circuit judges for the former 

18 ninth circuit, whose official duty stations shall be in 

19 Arizona, California, or Nevada. 

20 (2) EFFECT OF VACANCIES.—The first 2 vacan21 cies occurring on the new ninth circuit 10 years or 

22 more after judges are first confirmed to fill both 

23 temporary circuit judgeships created by this sub24 section shall not be filled. 

25 (c) EFFECTIVE DATE.—This section shall take effect 

26 on the date of the enactment of this Act. 
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1 SEC. 5. NUMBER OF CIRCUIT JUDGES. 

2 The table contained in section 44(a) of title 28, 

3 United States Code, is amended— 

4 (1) by striking the item relating to the ninth 

5 circuit and inserting the following: 

‘‘Ninth .................................................. 24’’; 

6 and 

7 (2) by inserting after the item relating to the 

8 eleventh circuit the following: 

‘‘Twelfth ............................................... 9’’. 

9 SEC. 6. PLACES OF CIRCUIT COURT. 

10 The table contained in section 48(a) of title 28, 

11 United States Code, is amended— 

12 (1) by striking the item relating to the ninth 

13 circuit and inserting the following: 

‘‘Ninth .................................................. San Francisco, Pasadena, Phoenix.’’; 

14 and 

15 (2) by inserting after the item relating to the 

16 eleventh circuit the following: 

‘‘Twelfth ............................................... Portland, Seattle.’’. 

17 SEC. 7. ASSIGNMENT OF CIRCUIT JUDGES. 

18 Each circuit judge of the former ninth circuit who 

19 is in regular active service and whose official duty station 

20 on the day before the effective date of this Act— 
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1 (1) is in Arizona, California, or Nevada shall be 

2 a circuit judge of the new ninth circuit as of such 

3 effective date; and 

4 (2) is in Alaska, Guam, Hawaii, Idaho, Mon5 tana, Northern Mariana Islands, Oregon, or Wash6 ington shall be a circuit judge of the twelfth circuit 

7 as of such effective date. 

8 SEC. 8. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. 

9 Each judge who is a senior circuit judge of the former 

10 ninth circuit on the day before the effective date of this 

11 Act may elect to be assigned to the new ninth circuit or 

12 to the twelfth circuit as of such effective date, and shall 

13 notify the Director of the Administrative Office of the 

14 United States Courts of such election. 

15 SEC. 9. SENIORITY OF JUDGES. 

16 The seniority of each judge— 

17 (1) who is assigned under section 7, or 

18 (2) who elects to be assigned under section 8, 

19 shall run from the date of commission of such judge as 

20 a judge of the former ninth circuit. 

21 SEC. 10. APPLICATION TO CASES. 

22 The following apply to any case in which, on the day 

23 before the effective date of this Act, an appeal or other 

24 proceeding has been filed with the former ninth circuit: 
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1 (1) If the matter has been submitted for deci2 sion, further proceedings with respect to the matter 

3 shall be had in the same manner and with the same 

4 effect as if this Act had not been enacted. 

5 (2) If the matter has not been submitted for de6 cision, the appeal or proceeding, together with the 

7 original papers, printed records, and record entries 

8 duly certified, shall, by appropriate orders, be trans9 ferred to the court to which the matter would have 

10 been submitted had this Act been in full force and 

11 effect at the time such appeal was taken or other 

12 proceeding commenced, and further proceedings with 

13 respect to the case shall be had in the same manner 

14 and with the same effect as if the appeal or other 

15 proceeding had been filed in such court. 

16 (3) A petition for rehearing or a petition for re17 hearing en banc in a matter decided before the effec18 tive date of this Act, or submitted before the effec19 tive date of this Act and decided on or after such 

20 effective date as provided in paragraph (1), shall be 

21 treated in the same manner and with the same effect 

22 as though this Act had not been enacted. If a peti23 tion for rehearing en banc is granted, the matter 

24 shall be reheard by a court comprised as though this 

25 Act had not been enacted. 
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1 SEC. 11. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES 

2 BETWEEN CIRCUITS. 

3 Section 291 of title 28, United States Code, is 

4 amended by adding at the end the following new sub5 sections: 

6 ‘‘(c) The chief judge of the Ninth Circuit may, in the 

7 public interest and upon request by the chief judge of the 

8 Twelfth Circuit, designate and assign temporarily any cir9 cuit judge of the Ninth Circuit to act as circuit judge in 

10 the Twelfth Circuit. 

11 ‘‘(d) The chief judge of the Twelfth Circuit may, in 

12 the public interest and upon request by the chief judge 

13 of the Ninth Circuit, designate and assign temporarily any 

14 circuit judge of the Twelfth Circuit to act as circuit judge 

15 in the Ninth Circuit.’’. 

16 SEC. 12. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES 

17 BETWEEN CIRCUITS. 

18 Section 292 of title 28, United States Code, is 

19 amended by adding at the end the following new sub20 sections: 

21 ‘‘(f) The chief judge of the Ninth Circuit may in the 

22 public interest— 

23 ‘‘(1) upon request by the chief judge of the 

24 Twelfth Circuit, designate and assign one or more 

25 district judges within the Ninth Circuit to sit upon 

26 the Court of Appeals of the Twelfth Circuit or a di-
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1 vision thereof whenever the business of that court so 

2 requires; and 

3 ‘‘(2) designate and assign temporarily any dis4 trict judge of the Ninth Circuit to hold a district 

5 court in any district within the Twelfth Circuit. 

6 ‘‘(g) The chief judge of the Twelfth Circuit may in 

7 the public interest— 

8 ‘‘(1) upon request by the chief judge of the 

9 Ninth Circuit, designate and assign one or more dis10 trict judges within the Twelfth Circuit to sit upon 

11 the Court of Appeals of the Ninth Circuit or a divi12 sion thereof whenever the business of that court so 

13 requires; and 

14 ‘‘(2) designate and assign temporarily any dis15 trict judge of the Twelfth Circuit to hold a district 

16 court in any district within the Ninth Circuit. 

17 ‘‘(h) Any designations or assignments under sub18 section (f)(1) or (g)(1) shall be in conformity with the 

19 rules or orders of the court of appeals of the circuit to 

20 which the judge is designated or assigned.’’. 

21 SEC. 13. ADMINISTRATIVE COORDINATION. 

22 Section 332 of title 28, United States Code, is 

23 amended by adding at the end the following new sub24 section: 
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1 ‘‘(i) Any 2 contiguous circuits may jointly carry out 

2 such administrative functions and activities as the judicial 

3 councils of the 2 circuits determine may benefit from co4 ordination or consolidation.’’. 

5 SEC. 14. ADMINISTRATION. 

6 The court of appeals for the ninth circuit as con7 stituted on the day before the effective date of this Act 

8 may take such administrative action as may be required 

9 to carry out this Act and the amendments made by this 

10 Act. Such court shall cease to exist for administrative pur11 poses 2 years after the effective date of this Act. 

12 SEC. 15. EFFECTIVE DATE. 

13 Except as provided in section 4(c), this Act and the 

14 amendments made by this Act shall take effect on the first 

15 day of the first fiscal year that begins at least 9 months 

16 after 5 of the judges authorized to be appointed under 

17 section 4 have been confirmed by the United States Sen18 ate. 

19 SEC. 16. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated such sums 

21 as may be necessary to carry out this Act, including funds 

22 for additional court facilities. 

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