I 
109TH CONGRESS 
1ST SESSION 
H. R. 211
To reorganize the ninth judicial circuit, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2005
Mr. SIMPSON (for himself and Mr. DELAY) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To reorganize the ninth judicial circuit, 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 Judge-
ship and Reorganization Act of 2005’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) 
FORMER
NINTH
CIRCUIT.—The 
term 
‘‘former ninth circuit’’ means the ninth judicial cir-
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 4(a)(2)(A). 
(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 4(a)(2)(B). 
(4) THIRTEENTH
CIRCUIT.—The term ‘‘thir-
teenth circuit’’ means the thirteenth judicial circuit 
of the United States established by the amendment 
made by section 4(a)(2)(B). 
SEC. 3. ADDITIONAL CIRCUIT JUDGES. 
(a) PERMANENT JUDGESHIPS.—The President shall 
appoint, by and with the advice and consent of the Senate, 
5 additional circuit judges for the former ninth circuit, 
whose official duty station shall be in California. 
(b) TEMPORARY JUDGESHIPS.—
(1) APPOINTMENT OF JUDGES.—The President 
shall appoint, by and with the advice and consent of 
the Senate, 2 additional circuit judges for the former 
ninth circuit, whose official duty station shall be in 
California. 
(2) EFFECT OF VACANCIES.—The first 2 vacan-
cies occurring on the new ninth circuit 10 years or
more after judges are first confirmed to fill both 
temporary circuit judgeships created by this sub-
section shall not be filled. 
SEC. 4. NINTH CIRCUIT REORGANIZATION. 
(a) NUMBER AND COMPOSITION OF CIRCUITS.—Sec-
tion 41 of title 28, United States Code, is amended—
(1) in the matter preceding the table, by strik-
ing ‘‘thirteen’’ and inserting ‘‘fifteen’’; and 
(2) in the table—
(A) by striking the item relating to the 
ninth circuit and inserting the following:
‘‘Ninth ...........................................
California, Guam, Hawaii, Northern 
Marianas Islands.’’;
and 
(B) by inserting after the item relating to 
the eleventh circuit the following:
‘‘Twelfth ........................................
Arizona, Nevada, Idaho, Montana. 
‘‘Thirteenth ....................................
Alaska, Oregon, Washington.’’.
(b) PLACES OF CIRCUIT COURT.—The table con-
tained in section 48(a) of title 28, United States Code, 
is amended—
(1) by striking the item relating to the ninth 
circuit and inserting the following:
‘‘Ninth ...........................................
San Francisco, Los Angeles.’’;
and 
(2) by inserting after the item relating to the 
eleventh circuit the following:
‘‘Twelfth ........................................
Las Vegas, Phoenix. 
‘‘Thirteen .......................................
Portland, Seattle.’’.
(c) ASSIGNMENT OF CIRCUIT JUDGES.—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—
(1) is in California, Guam, Hawaii, or the 
Northern Marianas Islands shall be a circuit judge 
of the new ninth circuit as of such effective date; 
(2) is in Arizona, Nevada, Idaho, or Montana 
shall be a circuit judge of the twelfth circuit as of 
such effective date; and 
(3) is in Alaska, Oregon, or Washington shall 
be a circuit judge of the thirteenth circuit as of such 
effective date. 
(d) 
ELECTION
OF
ASSIGNMENT
BY
SENIOR 
JUDGES.—Each judge who is a senior circuit judge of the 
former ninth circuit on the day before the effective date 
of this Act may elect to be assigned to the new ninth cir-
cuit, the twelfth circuit, or the thirteenth circuit as of such 
effective date, and shall notify the Director of the Admin-
istrative Office of the United States Courts of such elec-
tion. 
(e) SENIORITY OF JUDGES.—The seniority of each 
judge—
(1) who is assigned under subsection (c), or
(2) who elects to be assigned under subsection 
(d), 
shall run from the date of commission of such judge as 
a judge of the former ninth circuit. 
(f) 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) If the matter has been submitted for deci-
sion, further proceedings with respect to the matter 
shall be had in 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 at the time such appeal was taken or other
proceeding commenced, and further proceedings with 
respect to the case shall be had in the same manner 
and with the same effect as if the appeal or other 
proceeding had been filed in such court. 
(3) A petition for rehearing or a petition for re-
hearing en banc in a matter decided before the effec-
tive date of this Act, or submitted before the effec-
tive date of this Act and decided on or after such 
effective date as provided in paragraph (1), shall be 
treated in the same manner and with the same effect 
as though this Act had not been enacted. If a peti-
tion for rehearing en banc is granted, the matter 
shall be reheard by a court comprised as though this 
Act had not been enacted. 
(g) TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES 
AMONG CIRCUITS.—Section 291 of title 28, United States 
Code, is amended by adding at the end the following: 
‘‘(c) The chief judge of the Ninth Circuit may, in the 
public interest and upon request by the chief judge of the 
Twelfth Circuit or the Thirteenth Circuit, designate and 
assign temporarily any circuit judge of the Ninth Circuit 
to act as circuit judge in the Twelfth Circuit or Thirteenth 
Circuit, as the case may be. 
‘‘(d) The chief judge of the Twelfth Circuit may, in 
the public interest and upon request by the chief judge 
of the Ninth Circuit or Thirteenth Circuit, designate and 
assign temporarily any circuit judge of the Twelfth Circuit 
to act as circuit judge in the Ninth Circuit or Thirteenth 
Circuit, as the case may be. 
‘‘(e) The chief judge of the Thirteenth Circuit may, 
in the public interest and upon request by the chief judge
of the Ninth Circuit or the Twelfth Circuit, designate and 
assign temporarily any circuit judge of the Thirteenth Cir-
cuit to act as circuit judge in the Ninth Circuit or Twelfth 
Circuit, as the case may be.’’. 
(h) TEMPORARY ASSIGNMENT OF DISTRICT JUDGES 
AMONG CIRCUITS.—Section 292 of title 28, United States 
Code, is amended by adding at the end the following: 
‘‘(f) The chief judge of the United States Court of 
Appeals for the Ninth Circuit may in the public interest—
‘‘(1) upon request by the chief judge of the 
Twelfth Circuit or Thirteenth Circuit, designate and 
assign 1 or more district judges within the Ninth 
Circuit to sit upon the Court of Appeals of the 
Twelfth Circuit or Thirteenth Circuit (as the case 
may be), or a division thereof, whenever the business 
of that court so requires; and 
‘‘(2) designate and assign temporarily any dis-
trict judge within the Ninth Circuit to hold a district 
court in any district within the Twelfth Circuit or 
Thirteenth Circuit. 
‘‘(g) The chief judge of the United States Court of 
Appeals for the Twelfth Circuit may in the public inter-
est—
‘‘(1) upon request by the chief judge of the 
Ninth Circuit or Thirteenth Circuit, designate and
assign 1 or more district judges within the Twelfth 
Circuit to sit upon the Court of Appeals of the 
Ninth Circuit or Thirteenth Circuit (as the case may 
be), or a division thereof, whenever the business of 
that court so requires; and 
‘‘(2) designate and assign temporarily any dis-
trict judge within the Twelfth Circuit to hold a dis-
trict court in any district within the Ninth Circuit 
or Thirteenth Circuit. 
‘‘(h) The chief judge of the United States Court of 
Appeals for the Thirteenth Circuit may in the public inter-
est—
‘‘(1) upon request by the chief judge of the 
Ninth Circuit or Twelfth Circuit, designate and as-
sign 1 or more district judges within the Thirteenth 
Circuit to sit upon the Court of Appeals of the 
Ninth Circuit or Twelfth Circuit (as the case may 
be), or a division thereof, whenever the business of 
that court so requires; and 
‘‘(2) designate and assign temporarily any dis-
trict judge within the Thirteenth Circuit to hold a 
district court in any district within the Ninth Circuit 
or Twelfth Circuit. 
‘‘(i) Any designations or assignments under sub-
section (f), (g), or (h) shall be in conformity with the rules
or orders of the court of appeals of, or the district within, 
as applicable, the circuit to which the judge is designated 
or assigned.’’. 
(i) ADMINISTRATIVE COORDINATION.—Section 332 
of title 28, United States Code, is amended by adding at 
the end the following: 
‘‘(i) Any 2 contiguous circuits among the Ninth Cir-
cuit, Twelfth Circuit, and Thirteenth Circuit may jointly 
carry out such administrative functions and activities as 
the judicial councils of the 2 circuits determine may ben-
efit from coordination or consolidation.’’. 
(j) ADMINISTRATION.—The court of appeals for the 
ninth circuit as constituted on the day before the effective 
date of this Act may take such administrative action as 
may be required to carry out this Act and the amendments 
made by this Act. Such court shall cease to exist for ad-
ministrative purposes 2 years after the effective date of 
this Act. 
SEC. 5. NUMBER OF CIRCUIT JUDGES. 
The table contained in section 44(a) of title 28, 
United States Code, is amended—
(1) by amending the item relating to the ninth 
circuit to read as follows:
‘‘Ninth .......................................................................................................
19’’;
and
(2) by inserting after the item relating to the 
eleventh circuit the following:
‘‘Twelfth ....................................................................................................
‘‘Thirteenth ...............................................................................................
6’’.
SEC. 6. EFFECTIVE DATE. 
(a) SECTION 3.—Section 3 shall take effect on the 
date of the enactment of this Act. 
(b) SECTION 6.—Except as provided in subsection 
(a), this Act and the amendments made by this Act shall 
take effect on the first day of the first fiscal year that 
begins at least 9 months after the date on which all 5 
judges authorized to be appointed under section 3(a), and 
both judges authorized to be appointed under section 3(b), 
have been appointed, by and with the advice and consent 
of the Senate.
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