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 ..................................................
San Francisco, Pasadena, Phoenix.’’; 
and 
(2) by inserting after the item relating to the 
eleventh circuit the following: 
‘‘Twelfth ...............................................
Portland, 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—
(1) is in Arizona, California, or Nevada shall be 
a circuit judge of the new ninth circuit as of such 
effective date; and 
(2) is in Alaska, Guam, Hawaii, Idaho, Mon-
tana, Northern Mariana Islands, Oregon, or Wash-
ington shall be a circuit judge of the twelfth circuit 
as of such effective date. 
SEC. 8. 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 circuit or 
to the twelfth circuit as of such effective date, and shall 
notify the Director of the Administrative Office of the 
United States Courts of such election. 
SEC. 9. SENIORITY OF JUDGES. 
The seniority of each judge— 
(1) who is assigned under section 7, or 
(2) who elects to be assigned under section 8, 
shall run from the date of commission of such judge as 
a judge of the former ninth circuit. 
SEC. 10. 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: