II 113th CONGRESS 1st Session S. 1385 IN THE SENATE OF THE UNITED STATES July 30, 2013 Mr. Coons (for himself and Mr. Leahy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide for the appointment of additional Federal circuit and district judges, and for other purposes.

1. Short title This Act may be cited as the Federal Judgeship Act of 2013 . 2. Circuit judges for the Circuit Courts of Appeals (a) In general The President shall appoint, by and with the advice and consent of the Senate— (1) 4 additional circuit judges for the ninth circuit court of appeals; and (2) 1 additional circuit judge for the sixth circuit court of appeals. (b) Temporary judgeship (1) In general The President shall appoint, by and with the advice and consent of the Senate 1 additional circuit judge for the ninth circuit court of appeals. (2) Vacancy not filled The first vacancy in the office of circuit judge in the ninth circuit occurring 10 years or more after the confirmation date of the circuit judge named to fill the temporary circuit judgeship created in the ninth circuit by paragraph (1) shall not be filled. (c) Tables In order that the table contained in section 44 of title 28, United States Code, will, with respect to each judicial circuit, reflect the changes in the total number of permanent circuit judgeships authorized as a result of subsection (a) of this section, such table is amended to read as follows: Circuits Number of Judges District of Columbia 11 First 6 Second 13 Third 14 Fourth 15 Fifth 17 Sixth 17 Seventh 11 Eighth 11 Ninth 33 Tenth 12 Eleventh 12 Federal 12. . 3. District judges for the district courts (a) In general The President shall appoint, by and with the advice and consent of the Senate— (1) 1 additional district judge for the district of Delaware; (2) 6 additional district judges for the eastern district of California; (3) 2 additional district judges for the eastern district of Texas; (4) 4 additional district judges for the western district of Texas; (5) 6 additional district judges for the district of Arizona; (6) 10 additional district judges for the central district of California; (7) 5 additional district judges for the northern district of California; (8) 2 additional district judges for the district of Colorado; (9) 2 additional district judges for the western district of Washington; (10) 1 additional district judge for the southern district of Indiana; (11) 3 additional district judges for the southern district of Florida; (12) 5 additional district judges for the middle district of Florida; (13) 1 additional district judge for the western district of New York; (14) 1 additional district judge for the northern district of Florida; (15) 1 additional district judge for the western district of Wisconsin; (16) 3 additional district judges for the southern district of California; (17) 2 additional district judges for the eastern district of New York; (18) 2 additional district judges for the district of New Jersey; (19) 1 additional district judge for the district of Idaho; (20) 2 additional district judges for the southern district of Texas; (21) 1 additional district judge for the district of Minnesota; (22) 1 additional district judge for the northern district of Georgia; (23) 1 additional district judge for the district of Nevada; (24) 1 additional district judge for the district of New Mexico; and (25) 1 additional district judge for the southern district of New York. (b) Temporary judgeships (1) In general The President shall appoint, by and with the advice and consent of the Senate— (A) 1 additional district judge for the eastern district of California; (B) 1 additional district judge for the western district of Texas; (C) 4 additional district judges for the district of Arizona; (D) 2 additional district judges for the central district of California; (E) 1 additional district judge for the northern district of California; (F) 1 additional district judge for the middle district of Florida; (G) 1 additional district judge for the southern district of California; (H) 1 additional district judge for the district of New Jersey; (I) 1 additional district judge for the district of Minnesota; (J) 1 additional district judge for the western district of Missouri; (K) 1 additional district judge for the northern district of Georgia; (L) 1 additional district judge for the district of Nevada; (M) 1 additional district judge for the district of Oregon; (N) 1 additional district judge for the southern district of New York; (O) 1 additional district judge for the middle district of Tennessee; and (P) 1 additional district judge for the eastern district of Virginia. (2) Vacancies not filled (A) In general The first vacancy in the office of district judge in each of the offices of district judge authorized by paragraph (1), except for the district of Arizona and the central district of California, occurring 10 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in the applicable district by this subsection, shall not be filled. (B) Arizona The first 4 vacancies in the office of district judge in the district of Arizona occurring 10 years or more after the date on which judge are confirmed to fill all 4 temporary district judgeships under paragraph (1)(C), shall not be filled. (C) Central district of California The first 2 vacancies in the office of district judge in the central district of California occurring 10 years or more after the date on which judge are confirmed to fill both temporary district judgeships under paragraph (1)(D), shall not be filled. (c) Existing judgeships The existing judgeships for the district of Kansas and the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 ( Public Law 101–650 ; 28 U.S.C. 133 note) and the existing judgeships for the eastern district of Texas, the district of Arizona, the central district of California, the southern district of Florida, the northern district of Alabama, and the district of New Mexico authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act ( Public Law 107–273 , 28 U.S.C. 133 note), as of the effective date of this Act, shall be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this Act. (d) Tables In order that the table contained in section 133 of title 28, United States Code, will, with respect to each judicial district, reflect the changes in the total number of permanent district judgeships authorized as a result of subsections (a) and (c) of this section, such table is amended to read as follows: Districts Number of Judges Alabama: Northern 8 Middle 3 Southern 3 Alaska 3 Arizona 19 Arkansas: Eastern 5 Western 3 California: Northern 19 Eastern 12 Central 38 Southern 16 Colorado 9 Connecticut 8 Delaware 5 District of Columbia 15 Florida: Northern 5 Middle 20 Southern 21 Georgia: Northern 12 Middle 4 Southern 3 Hawaii 3 Idaho 3 Illinois: Northern 22 Central 4 Southern 4 Indiana: Northern 5 Southern 6 Iowa: Northern 2 Southern 3 Kansas 6 Kentucky: Eastern 5 Western 4 Eastern and Western 1 Louisiana: Eastern 12 Middle 3 Western 7 Maine 3 Maryland 10 Massachusetts 13 Michigan: Eastern 15 Western 4 Minnesota 8 Mississippi: Northern 3 Southern 6 Missouri: Eastern 7 Western 5 Eastern and Western 2 Montana 3 Nebraska 3 Nevada 8 New Hampshire 3 New Jersey 19 New Mexico 8 New York: Northern 5 Southern 29 Eastern 17 Western 5 North Carolina: Eastern 4 Middle 4 Western 4 North Dakota 2 Ohio: Northern 11 Southern 8 Oklahoma: Northern 3 Eastern 1 Western 6 Northern, Eastern, and Western 1 Oregon 6 Pennsylvania: Eastern 22 Middle 6 Western 10 Puerto Rico 7 Rhode Island 3 South Carolina 10 South Dakota 3 Tennessee: Eastern 5 Middle 4 Western 5 Texas: Northern 12 Southern 21 Eastern 10 Western 17 Utah 5 Vermont 2 Virginia: Eastern 11 Western 4 Washington: Eastern 4 Western 9 West Virginia: Northern 3 Southern 5 Wisconsin: Eastern 5 Western 3 Wyoming 3. . 4. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, including such sums as may be necessary to provide appropriate space and facilities for the judicial positions created by this Act.