I
104TH CONGRESS
2D SESSION
H. R. 2935
To amend 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
FEBRUARY 1, 1996
Mr. BUNN of Oregon (for himself, Mr. WHITE, Ms. DUNN of Washington, and
Mr. YOUNG of Alaska) 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 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 1996’’.
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
out ‘‘thirteen’’ and inserting in lieu thereof ‘‘four-
teen’’;
(2) in the table, by striking out the item relat-
ing to the ninth circuit and inserting in lieu thereof
the following new item:
‘‘Ninth ...........................................
California, Hawaii, Guam, Northern
Mariana Islands.’’;
and
(3) between the last 2 items of the table, by in-
serting the following new item:
‘‘Twelfth ........................................
Alaska, Arizona, Idaho, Montana, Ne-
vada, Oregon, Washington.’’.
SEC. 3. NUMBER OF CIRCUIT JUDGES.
The table contained in section 44(a) of title 28, Unit-
ed States Code, is amended—
(1) by striking out the item relating to the
ninth circuit and inserting in lieu thereof the follow-
ing new item:
‘‘Ninth .......................................................................................................
15’’;
and
(2) by inserting between the last 2 items at the
end thereof the following new item:
‘‘Twelfth ....................................................................................................
13’’.
SEC. 4. PLACES OF CIRCUIT COURT.
The table contained in section 48(a) of title 28, Unit-
ed States Code, is amended—
(1) by striking out the item relating to the
ninth circuit and inserting in lieu thereof the follow-
ing new item:
‘‘Ninth ...........................................
San Francisco, Los Angeles.’’;
and
(2) by inserting between the last 2 items at the
end thereof the following new item:
‘‘Twelfth ........................................
Portland, Seattle, Phoenix.’’.
SEC. 5. ASSIGNMENT OF CIRCUIT JUDGES AND CLERK OF
THE COURT.
(a) CIRCUIT JUDGES.—No later than 60 days after
the date of the enactment of this Act, the judicial council
for the former ninth circuit shall make assignments of the
circuit judges of the former ninth circuit to the new ninth
circuit and the twelfth circuit, consistent with the provi-
sions of this Act.
(b) CLERK OF THE COURT.—The Clerk of the Court
for the Twelfth Circuit United States Court of Appeals
shall be located in Portland, Oregon.
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, or
(2) who elects to be assigned under section 6,
shall run from the date of the 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 it would have gone had
this Act been in full force and effect at the time
such appeal was taken or other proceeding com-
menced, 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) of this sec-
tion, shall be treated in the same manner and with
the same effect as though this Act had not been en-
acted. If a petition 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.
For purposes of 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) of this Act; and
(3) ‘‘twelfth circuit’’ means the twelfth judicial
circuit of the United States established by the
amendment made by section 2(3) of this Act.
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. Such court shall cease to exist for
administrative purposes on July 1, 1997.
SEC. 11. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect 60 days after the date of the enactment of this
Act.
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