II

Calendar No. 441

106TH CONGRESS

2D SESSION S. 2184

To amend chapter 3 of title 28, United States Code, to divide the Ninth

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

IN THE SENATE OF THE UNITED STATES

MARCH 7, 2000

Mr. MURKOWSKI (for himself, Mr. HATCH, Mr. CRAIG, Mr. CRAPO, Mr.

INHOFE, Mr. SMITH of Oregon, and Mr. STEVENS) introduced the following bill; which was read the first time

MARCH 8, 2000

Read the second time and placed on the calendar

A BILL

To amend chapter 3 of title 28, United States Code, 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 Reorganization Act of 2000’’.
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1 SEC. 2. NUMBER AND COMPOSITION OF CIRCUITS.

2 Section 41 of title 28, United States Code, is

3 amended—

4 (1) in the matter before the table, by striking

5 ‘‘thirteen’’ and inserting ‘‘fourteen’’; and

6 (2) in the table—

7 (A) by striking the item relating to the

8 ninth circuit and inserting the following:

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

9 and

10 (B) by inserting between the last 2 items

11 the following:

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

Oregon, Washington.’’.

12 SEC. 3. NUMBER OF CIRCUIT JUDGES.

13 The table in section 44(a) of title 28, United States

14 Code, is amended—

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

16 circuit and inserting the following:

‘‘Ninth ....................................................................................................... 20’’;

17 and

18 (2) by inserting between the last 2 items the

19 following:

‘‘Twelfth .................................................................................................... 8’’.
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1 SEC. 4. PLACES OF CIRCUIT COURT.

2 The table in section 48(a) of title 28, United States

3 Code, is amended—

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

5 circuit and inserting the following:

‘‘Ninth ........................................... San Francisco, Los Angeles.’’;

6 and

7 (2) by inserting between the last 2 items at the

8 end the following:

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

9 SEC. 5. ASSIGNMENT OF CIRCUIT JUDGES.

10 Each circuit judge in regular active service of the

11 former ninth circuit whose official station on the day be12 fore the effective date of this Act—

13 (1) is in Arizona, California, or Nevada is as14 signed as a circuit judge of the new ninth circuit;

15 and

16 (2) is in Alaska, Guam, Hawaii, Idaho, Mon17 tana, Northern Mariana Islands, Oregon, or Wash18 ington is assigned as a circuit judge of the twelfth

19 circuit.

20 SEC. 6. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.

21 Each judge who is a senior judge of the former ninth

22 circuit on the day before the effective date of this Act may

23 elect to be assigned to the new ninth circuit or to the

24 twelfth circuit and shall notify the Director of the Admin-
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1 istrative Office of the United States Courts of such elec2 tion.

3 SEC. 7. SENIORITY OF JUDGES.

4 The seniority of each judge—

5 (1) who is assigned under section 5 of this Act;

6 or

7 (2) who elects to be assigned under section 6 of

8 this Act;

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

10 a judge of the former ninth circuit.

11 SEC. 8. APPLICATION TO CASES.

12 The provisions of the following paragraphs of this

13 section apply to any case in which, on the day before the

14 effective date of this Act, an appeal or other proceeding

15 has been filed with the former ninth circuit:

16 (1) If the matter has been submitted for deci17 sion, further proceedings in respect of the matter

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

19 effect as if this Act had not been enacted.

20 (2) If the matter has not been submitted for de21 cision, the appeal or proceeding, together with the

22 original papers, printed records, and record entries

23 duly certified, shall, by appropriate orders, be trans24 ferred to the court to which the matter would have

25 been submitted had this Act been in full force and
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1 effect at the time such appeal was taken or other

2 proceeding commenced, and further proceedings in

3 respect of the case shall be had in the same manner

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

5 proceeding had been filed in such court.

6 (3) A petition for rehearing or a petition for re7 hearing en banc in a matter decided before the effec8 tive date of this Act, or submitted before the effec9 tive date of this Act and decided on or after the ef10 fective date as provided in paragraph (1), shall be

11 treated in the same manner and with the same effect

12 as though this Act had not been enacted. If a peti13 tion for rehearing en banc is granted, the matter

14 shall be reheard by a court comprised as though this

15 Act had not been enacted.

16 SEC. 9. DEFINITIONS.

17 In this Act, the term—

18 (1) ‘‘former ninth circuit’’ means the ninth ju19 dicial circuit of the United States as in existence on

20 the day before the effective date of this Act;

21 (2) ‘‘new ninth circuit’’ means the ninth judicial

22 circuit of the United States established by the

23 amendment made by section 2(2); and
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1 (3) ‘‘twelfth circuit’’ means the twelfth judicial

2 circuit of the United States established by the

3 amendment made by section 2(3).

4 SEC. 10. ADMINISTRATION.

5 The court of appeals for the ninth circuit as con6 stituted on the day before the effective date of this Act

7 may take such administrative action as may be required

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

9 Act. Such court shall cease to exist for administrative pur10 poses on July 1, 2002.

11 SEC. 11. EFFECTIVE DATE.

12 This Act and the amendments made by this Act shall

13 become effective on October 1, 2000.

Calendar No. 441

106TH CONGRESS

2D SESSION S. 2184

A BILL

To amend chapter 3 of title 28, United States

Code, to divide the Ninth Judicial Circuit of theUnited States into two circuits, and for otherpurposes.

MARCH 8, 2000

Read the second time and placed on the calendar