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107TH CONGRESS

1ST SESSION H. R. 1203

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 HOUSE OF REPRESENTATIVES

MARCH 22, 2001

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

Committee on the Judiciary

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 2001’’.

6 SEC. 2. NUMBER AND COMPOSITION OF CIRCUITS.

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

8 amended—

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

10 ‘‘thirteen’’ and inserting ‘‘fourteen’’; and
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1 (2) in the table—

2 (A) by striking the item relating to the

3 ninth circuit and inserting the following:

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

4 and

5 (B) by inserting between the last 2 items

6 the following:

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

Oregon, Washington.’’.

7 SEC. 3. NUMBER OF CIRCUIT JUDGES.

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

9 Code, is amended—

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

11 circuit and inserting the following:

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

12 and

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

14 following:

‘‘Twelfth .................................................................................................... 8’’.

15 SEC. 4. PLACES OF CIRCUIT COURT.

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

17 Code, is amended—

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

19 circuit and inserting the following:

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

20 and
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1 (2) by inserting between the last 2 items at the

2 end the following:

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

3 SEC. 5. ASSIGNMENT OF CIRCUIT JUDGES.

4 Each circuit judge in regular active service of the

5 former ninth circuit whose official station on the day be6 fore the effective date of this Act—

7 (1) is in Arizona, California, or Nevada is as8 signed as a circuit judge of the new ninth circuit;

9 and

10 (2) is in Alaska, Guam, Hawaii, Idaho, Mon11 tana, Northern Mariana Islands, Oregon, or Wash12 ington is assigned as a circuit judge of the twelfth

13 circuit.

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

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

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

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

18 twelfth circuit and shall notify the Director of the Admin19 istrative Office of the United States Courts of such elec20 tion.

21 SEC. 7. SENIORITY OF JUDGES.

22 The seniority of each judge—

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

24 or
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1 (2) who elects to be assigned under section 6 of

2 this Act;

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

4 a judge of the former ninth circuit.

5 SEC. 8. APPLICATION TO CASES.

6 The provisions of the following paragraphs of this

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

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

9 has been filed with the former ninth circuit:

10 (1) If the matter has been submitted for deci11 sion, further proceedings in respect of the matter

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

13 effect as if this Act had not been enacted.

14 (2) If the matter has not been submitted for de15 cision, the appeal or proceeding, together with the

16 original papers, printed records, and record entries

17 duly certified, shall, by appropriate orders, be trans18 ferred to the court to which the matter would have

19 been submitted had this Act been in full force and

20 effect at the time such appeal was taken or other

21 proceeding commenced, and further proceedings in

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

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

24 proceeding had been filed in such court.
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1 (3) A petition for rehearing or a petition for re2 hearing en banc in a matter decided before the effec3 tive date of this Act, or submitted before the effec4 tive date of this Act and decided on or after the ef5 fective date as provided in paragraph (1), shall be

6 treated in the same manner and with the same effect

7 as though this Act had not been enacted. If a peti8 tion for rehearing en banc is granted, the matter

9 shall be reheard by a court comprised as though this

10 Act had not been enacted.

11 SEC. 9. DEFINITIONS.

12 In this Act, the term—

13 (1) ‘‘former ninth circuit’’ means the ninth ju14 dicial circuit of the United States as in existence on

15 the day before the effective date of this Act;

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

17 circuit of the United States established by the

18 amendment made by section 2(2)(A); and

19 (3) ‘‘twelfth circuit’’ means the twelfth judicial

20 circuit of the United States established by the

21 amendment made by section 2(2)(B).

22 SEC. 10. ADMINISTRATION.

23 The court of appeals for the ninth circuit as con24 stituted on the day before the effective date of this Act

25 may take such administrative action as may be required
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1 to carry out this Act and the amendments made by this

2 Act. Such court shall cease to exist for administrative pur3 poses on July 1, 2003.

4 SEC. 11. EFFECTIVE DATE.

5 This Act and the amendments made by this Act shall

6 become effective on October 1, 2001.

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