I
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.
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
of Appeals Reorganization Act of 2001’’.
SEC. 2. NUMBER AND COMPOSITION OF CIRCUITS.
Section 41 of title 28, United States Code, is
amended—
(1) in the matter before the table, by striking
‘‘thirteen’’ and inserting ‘‘fourteen’’; and
(2) in the table—
(A) by striking the item relating to the
ninth circuit and inserting the following:
‘‘Ninth ...........................................
Arizona, California, Nevada.’’;
and
(B) by inserting between the last 2 items
the following:
‘‘Twelfth ........................................
Alaska, Guam, Hawaii, Idaho, Mon-
tana, Northern Mariana Islands,
Oregon, Washington.’’.
SEC. 3. NUMBER OF CIRCUIT JUDGES.
The table in section 44(a) of title 28, United States
Code, is amended—
(1) by striking the item relating to the ninth
circuit and inserting the following:
‘‘Ninth .......................................................................................................
20’’;
and
(2) by inserting between the last 2 items the
following:
‘‘Twelfth ....................................................................................................
8’’.
SEC. 4. PLACES OF CIRCUIT COURT.
The table 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 between the last 2 items at the
end the following:
‘‘Twelfth ........................................
Portland, Seattle.’’.
SEC. 5. ASSIGNMENT OF CIRCUIT JUDGES.
Each circuit judge in regular active service of the
former ninth circuit whose official station on the day be-
fore the effective date of this Act—
(1) is in Arizona, California, or Nevada is as-
signed as a circuit judge of the new ninth circuit;
and
(2) is in Alaska, Guam, Hawaii, Idaho, Mon-
tana, Northern Mariana Islands, Oregon, or Wash-
ington is assigned as a circuit judge of the twelfth
circuit.
SEC. 6. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.
Each judge who is a senior 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 circuit or to the
twelfth circuit and shall notify the Director of the Admin-
istrative Office of the United States Courts of such elec-
tion.
SEC. 7. SENIORITY OF JUDGES.
The seniority of each judge—
(1) who is assigned under section 5 of this Act;
or
(2) who elects to be assigned under section 6 of
this Act;
shall run from the date of commission of such judge as
a judge of the former ninth circuit.
SEC. 8. APPLICATION TO CASES.
The provisions of the following paragraphs of this
section 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 in respect of 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 in
respect of 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 the ef-
fective 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.
SEC. 9. DEFINITIONS.
In this Act, the term—
(1) ‘‘former ninth circuit’’ means the ninth ju-
dicial circuit of the United States as in existence on
the day before the effective date of this Act;
(2) ‘‘new ninth circuit’’ means the ninth judicial
circuit of the United States established by the
amendment made by section 2(2)(A); and
(3) ‘‘twelfth circuit’’ means the twelfth judicial
circuit of the United States established by the
amendment made by section 2(2)(B).
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
to carry out this Act and the amendments made by this
Act. Such court shall cease to exist for administrative pur-
poses on July 1, 2003.
SEC. 11. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
become effective on October 1, 2001.
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