I 
115TH CONGRESS 
1ST SESSION H. R. 1598 
To amend title 28, United States Code, to divide the ninth judicial circuit 
of the United States into 2 circuits, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 17, 2017 
Mr. GOHMERT (for himself and Mr. DUNCAN of South Carolina) introduced 
the following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 28, United States Code, to divide the ninth 
judicial circuit of the United States into 2 circuits, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ninth Circuit Court 
Modernization and Twelfth Circuit Court Creation Act of 
2017’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) 
FORMER
NINTH
CIRCUIT.—The 
term 
‘‘former ninth circuit’’ means the ninth judicial cir-
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cuit of the United States as in existence on the day 
before the effective date of this Act. 
(2) NEW
NINTH
CIRCUIT.—The term ‘‘new 
ninth circuit’’ means the ninth judicial circuit of the 
United States established by the amendment made 
by section 3. 
(3) TWELFTH CIRCUIT.—The term ‘‘twelfth cir-
cuit’’ means the twelfth judicial circuit of the United 
States established by the amendment made by sec-
tion 3. 
SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. 
Section 41 of title 28, United States Code, is amend-
ed— 
(1) in the matter preceding the table, by strik-
ing ‘‘thirteen’’ and inserting ‘‘fourteen’’; and 
(2) in the table— 
(A) by striking the item relating to the 
ninth circuit and inserting the following: 
‘‘Ninth ..................................................
California.’’; 
and 
(B) by inserting after the item relating to 
the eleventh circuit the following: 
‘‘Twelfth ...............................................
Alaska, Arizona, Idaho, Montana, Ne-
vada, Oregon, Washington, Guam, 
Hawaii.’’. 
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SEC. 4. NUMBER OF CIRCUIT JUDGES. 
The table contained in section 44(a) of title 28, 
United States Code, is amended by inserting after the 
item relating to the eleventh circuit the following: 
‘‘Twelfth ...............................................
17’’. 
SEC. 5. PLACES OF CIRCUIT COURT. 
The table contained in section 48(a) of title 28, 
United States Code, is amended by— 
(1) deleting ‘‘Portland’’ and ‘‘Seattle’’ in the 
item relating to the ninth circuit; and 
(2) inserting after the item relating to the elev-
enth circuit the following: 
‘‘Twelfth ...............................................
Las Vegas, Phoenix, Anchorage, Mis-
soula, Portland, Seattle.’’. 
SEC. 6. JUDGESHIPS. 
(a) IN GENERAL.—Each circuit judge of the former 
ninth circuit who is in regular active service and whose 
official duty station on the day before the effective date 
of this Act is in Alaska, Arizona, Idaho, Montana, Oregon, 
Washington, Guam, Hawaii, or the Northern Mariana Is-
lands or Nevada shall be a circuit judge of the new ninth 
circuit as of such effective date. 
(b) APPOINTMENT OF JUDGES FOR THE TWELFTH 
CIRCUIT.—The President shall appoint, by and with the 
advice of the Senate, 17 circuit judges for the new twelfth 
circuit, selected from the States assigned to the new 
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twelfth circuit. The official duty station of a judge ap-
pointed under this paragraph shall be the locations in the 
table contained in section 48(a) of title 28, United States 
Code, as amended by this Act. 
SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. 
Each judge who is a senior circuit judge of the former 
ninth circuit, whose official duty station on the day before 
the effective date of this Act is in Alaska, Arizona, Idaho, 
Montana, Oregon, Washington, Guam, Hawaii, Nevada, or 
the Northern Mariana Islands, may elect to be assigned 
to the new ninth circuit or the twelfth circuit as of such 
effective date and shall notify the Director of the Adminis-
trative Office of the United States Courts of such election. 
SEC. 8. SENIORITY OF JUDGES. 
The seniority of each judge appointed under section 
6(b) shall run from the date of commission of such judge 
as a judge of the twelfth circuit. 
SEC. 9. APPLICATION TO CASES. 
The following apply to any case in which, on the day 
before the effective date of this Act, an appeal or other 
proceeding has been filed with the former ninth circuit: 
(1) Except as provided in paragraph (3), if the 
matter has been submitted for decision, further pro-
ceedings with respect to the matter shall be had in 
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the same manner and with the same effect as if this 
Act had not been enacted. 
(2) If the matter has not been submitted for de-
cision, the appeal or proceeding, together with the 
original papers, printed records, and record entries 
duly certified, shall, by appropriate orders, be trans-
ferred to the court to which the matter would have 
been submitted had this Act been in full force and 
effect on the date on which such appeal was taken 
or other proceeding commenced, and further pro-
ceedings with respect to the case shall be had in the 
same manner and with the same effect as if the ap-
peal or other proceeding had been filed in such 
court. 
(3) If a petition for rehearing en banc is pend-
ing on or after the effective date of this Act, the pe-
tition shall be considered by the court of appeals to 
which the petition would have been submitted had 
this Act been in full force and effect on the date on 
which the appeal or other proceeding was filed with 
the court of appeals. 
SEC. 10. ADMINISTRATION. 
The court of appeals for the ninth circuit as con-
stituted on the day before the effective date of this Act 
may take such administrative action as may be required 
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to carry out this Act and the amendments made by this 
Act. 
SEC. 11. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
take effect immediately upon enactment of this Act. 
SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this Act and the amend-
ments made by this Act, including such sums as may be 
necessary to provide appropriate space and facilities for 
any judicial positions created by this Act or an amendment 
made by this Act. 
Æ 
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