I 
109TH CONGRESS 
1ST SESSION H. R. 3125
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 two circuits, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2005
Mr. SIMPSON introduced the following bill; which was 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 di-
vide 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 Judgeship and Reorganization Act of 2005’’. 
SEC. 2. DEFINITIONS. 
In this Act—
(1) the term ‘‘former ninth circuit’’ means the 
ninth judicial circuit of the United States as in ex-
istence on the day before the effective date of this 
Act; 
(2) the term ‘‘new ninth circuit’’ means the 
ninth judicial circuit of the United States established 
by the amendment made by section 3(2)(A); and 
(3) the term ‘‘twelfth circuit’’ means the twelfth 
judicial circuit of the United States established by 
the amendment made by section 3(2)(B). 
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, Guam, Hawaii, Northern 
Mariana Islands.’’; 
and 
(B) by inserting after the item relating to 
the eleventh circuit the following:
‘‘Twelfth ...............................................
Alaska, Arizona, Idaho, Montana, Ne-
vada, Oregon, Washington.’’. 
SEC. 4. JUDGESHIPS. 
(a) NEW JUDGESHIPS.—
(1) FOR FORMER NINTH CIRCUIT.—The Presi-
dent shall appoint, by and with the advice and con-
sent of the Senate, 2 additional circuit judges for 
the former ninth circuit, whose official duty stations 
shall be in Arizona, California, or Nevada. 
(2) FOR NEW NINTH CIRCUIT.—The President 
shall appoint, by and with the advice and consent of 
the Senate, 3 additional circuit judges for the new 
ninth circuit. The judges authorized by this para-
graph shall not be appointed before January 21, 
2006. 
(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 stations shall be in 
Arizona, California, or Nevada. 
(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. 
(c) EFFECTIVE DATE.—This section shall take effect 
on the date of the enactment 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 striking the item relating to the ninth 
circuit and inserting the following:
‘‘Ninth ..................................................
24’’; 
and 
(2) by inserting after the item relating to the 
eleventh circuit the following:
‘‘Twelfth ...............................................
9’’. 
SEC. 6. PLACES OF CIRCUIT COURT. 
The table contained 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 ..................................................
Honolulu, San Francisco, Pasadena.’’; 
and 
(2) by inserting after the item relating to the 
eleventh circuit the following:
‘‘Twelfth ...............................................
Phoenix, Seattle.’’. 
SEC. 7. 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—