II 

108TH CONGRESS 

2D SESSION S. 2278 

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 3 circuits, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 1, 2004 

Mr. ENSIGN (for himself and Mr. CRAIG) introduced the following bill; which 

was read twice and 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 3 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 Judge5 ship and Reorganization Act of 2004’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 
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1 (1) FORMER NINTH CIRCUIT.—The term 

2 ‘‘former ninth circuit’’ means the ninth judicial cir3 cuit of the United States as in existence on the day 

4 before the effective date of this Act. 

5 (2) NEW NINTH CIRCUIT.—The term ‘‘new 

6 ninth circuit’’ means the ninth judicial circuit of the 

7 United States established by the amendment made 

8 by section 3(2)(A). 

9 (3) TWELFTH CIRCUIT.—The term ‘‘twelfth cir10 cuit’’ means the twelfth judicial circuit of the United 

11 States established by the amendment made by sec12 tion 3(2)(B). 

13 (4) THIRTEENTH CIRCUIT.—The term ‘‘thir14 teenth circuit’’ means the thirteenth judicial circuit 

15 of the United States established by the amendment 

16 made by section 3(2)(B). 

17 SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. 

18 Section 41 of title 28, United States Code, is amend19 ed— 

20 (1) in the matter preceding the table, by strik21 ing ‘‘thirteen’’ and inserting ‘‘fifteen’’; and 

22 (2) in the table— 

23 (A) by striking the item relating to the 

24 ninth circuit and inserting the following: 

‘‘Ninth ........................................... California, Guam, Hawaii, Northern 

Marianas Islands.’’; 
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1 and 

2 (B) by inserting after the item relating to 

3 the eleventh circuit the following: 

‘‘Twelfth ........................................ Arizona, Nevada, Idaho, Montana. 

‘‘Thirteenth .................................... Alaska, Oregon, Washington.’’. 

4 SEC. 4. JUDGESHIPS. 

5 (a) NEW JUDGESHIPS.—The President shall appoint, 

6 by and with the advice and consent of the Senate, 5 addi7 tional circuit judges for the new ninth circuit court of ap8 peals, whose official duty station shall be in California. 

9 The judges authorized by this paragraph shall not be ap10 pointed before January 21, 2005. 

11 (b) TEMPORARY JUDGESHIPS.— 

12 (1) APPOINTMENT OF JUDGES.—The President 

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

14 the Senate, 2 additional circuit judges for the former 

15 ninth circuit court of appeals, whose official duty 

16 stations shall be in California. 

17 (2) EFFECT OF VACANCIES.—The first 2 vacan18 cies occurring on the new ninth circuit court of ap19 peals 10 years or more after judges are first con20 firmed to fill both temporary circuit judgeships cre21 ated by this subsection shall not be filled. 

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

23 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 ....................................................................................................... 19’’; 

6 and 

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

8 eleventh circuit the following: 

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

‘‘Thirteen .................................................................................................. 6.’’ 

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, Los Angeles.’’; 

14 and 

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

16 eleventh circuit the following: 

‘‘Twelfth ........................................ Las Vegas, Phoenix. 

‘‘Thirteen ....................................... 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 California, Guam, Hawaii, or the 

2 Northern Marianas Islands shall be a circuit judge 

3 of the new ninth circuit as of such effective date; 

4 (2) is in Arizona, Nevada, Idaho, or Montana 

5 shall be a circuit judge of the twelfth circuit as of 

6 such effective date; and 

7 (3) is in Alaska, Oregon, or Washington shall 

8 be a circuit judge of the thirteenth circuit as of such 

9 effective date. 

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

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

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

13 Act may elect to be assigned to the new ninth circuit, the 

14 twelfth circuit, or the thirteenth circuit as of such effective 

15 date, and shall notify the Director of the Administrative 

16 Office of the United States Courts of such election. 

17 SEC. 9. SENIORITY OF JUDGES. 

18 The seniority of each judge— 

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

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

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

22 a judge of the former ninth circuit. 
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1 SEC. 10. APPLICATION TO CASES. 

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

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

4 proceeding has been filed with the former ninth circuit: 

5 (1) If the matter has been submitted for deci6 sion, further proceedings with respect to the matter 

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

8 effect as if this Act had not been enacted. 

9 (2) If the matter has not been submitted for de10 cision, the appeal or proceeding, together with the 

11 original papers, printed records, and record entries 

12 duly certified, shall, by appropriate orders, be trans13 ferred to the court to which the matter would have 

14 been submitted had this Act been in full force and 

15 effect at the time such appeal was taken or other 

16 proceeding commenced, and further proceedings with 

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

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

19 proceeding had been filed in such court. 

20 (3) A petition for rehearing or a petition for re21 hearing en banc in a matter decided before the effec22 tive date of this Act, or submitted before the effec23 tive date of this Act and decided on or after such 

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

25 treated in the same manner and with the same effect 

26 as though this Act had not been enacted. If a peti-
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1 tion for rehearing en banc is granted, the matter 

2 shall be reheard by a court comprised as though this 

3 Act had not been enacted. 

4 SEC. 11. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES 

5 AMONG CIRCUITS. 

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

7 amended by adding at the end the following: 

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

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

10 Twelfth Circuit or the Thirteenth Circuit, designate and 

11 assign temporarily any circuit judge of the Ninth Circuit 

12 to act as circuit judge in the Twelfth Circuit or Thirteenth 

13 Circuit. 

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

15 the public interest and upon request by the chief judge 

16 of the Ninth Circuit or Thirteenth Circuit, designate and 

17 assign temporarily any circuit judge of the Twelfth Circuit 

18 to act as circuit judge in the Ninth Circuit or Thirteenth 

19 Circuit. 

20 ‘‘(e) The chief judge of the Thirteenth Circuit may, 

21 in the public interest and upon request by the chief judge 

22 of the Ninth Circuit or the Twelfth Circuit, designate and 

23 assign temporarily any circuit judge of the Thirteenth Cir24 cuit to act as circuit judge in the Ninth Circuit or Twelfth 

25 Circuit.’’. 
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1 SEC. 12. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES 

2 AMONG CIRCUITS. 

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

4 amended by adding at the end the following: 

5 ‘‘(f) The chief judge of the United States Court of 

6 Appeals for the Ninth Circuit may in the public interest— 

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

8 Twelfth Circuit or Thirteenth Circuit, designate and 

9 assign 1 or more district judges within the Ninth 

10 Circuit to sit upon the Court of Appeals of the 

11 Twelfth Circuit or Thirteenth Circuit, or a division 

12 thereof, whenever the business of that court so re13 quires; and 

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

16 court in any district within the Twelfth Circuit or 

17 Thirteenth Circuit. 

18 ‘‘(g) The chief judge of the United States Court of 

19 Appeals for the Twelfth Circuit may in the public inter20 est— 

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

22 Ninth Circuit or Thirteenth Circuit, designate and 

23 assign 1 or more district judges within the Twelfth 

24 Circuit to sit upon the Court of Appeals of the 

25 Ninth Circuit or Thirteenth Circuit, or a division 
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1 thereof whenever the business of that court so re2 quires; and 

3 ‘‘(2) designate and assign temporarily any dis4 trict judge within the Twelfth Circuit to hold a dis5 trict court in any district within the Ninth Circuit 

6 or Thirteenth Circuit. 

7 ‘‘(h) The chief judge of the United States Court of 

8 Appeals for the Thirteenth Circuit may in the public inter9 est— 

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

11 Ninth Circuit or Twelfth Circuit, designate and as12 sign 1 or more district judges within the Thirteenth 

13 Circuit to sit upon the Court of Appeals of the 

14 Ninth Circuit or Twelfth Circuit, or a division there15 of whenever the business of that court so requires; 

16 and 

17 ‘‘(2) designate and assign temporarily any dis18 trict judge within the Thirteenth Circuit to hold a 

19 district court in any district within the Ninth Circuit 

20 or Twelfth Circuit. 

21 ‘‘(i) Any designations or assignments under sub22 section (f), (g), or (h) shall be in conformity with the rules 

23 or orders of the court of appeals of, or the district within, 

24 as applicable, the circuit to which the judge is designated 

25 or assigned.’’. 
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1 SEC. 13. ADMINISTRATIVE COORDINATION. 

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

3 amended by adding at the end the following: 

4 ‘‘(i) Any 2 contiguous circuits among the Ninth Cir5 cuit, Twelfth Circuit, and Thirteenth Circuit may jointly 

6 carry out such administrative functions and activities as 

7 the judicial councils of the 2 circuits determine may ben8 efit from coordination or consolidation.’’. 

9 SEC. 14. ADMINISTRATION. 

10 The court of appeals for the ninth circuit as con11 stituted on the day before the effective date of this Act 

12 may take such administrative action as may be required 

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

14 Act. Such court shall cease to exist for administrative pur15 poses 2 years after the date of enactment of this Act. 

16 SEC. 15. EFFECTIVE DATE. 

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

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

19 October 1, that occurs on or after 9 months after the date 

20 on which all five judges described under section 4(a) have 

21 been appointed, by and with the advice and consent of the 

22 Senate. 

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