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.

February 27, 2003

Mr. SIMPSON (for himself, Mr. WALDEN of Oregon, Mr. NETHERCUTT, and Mr. OTTER) introduced the following bill; which was referred to the Committee on the Judiciary

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 Representatives 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 2003'.

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:

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`Ninth California, Nevada.'; 

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(B) by striking the item relating to the tenth circuit and inserting the following:

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`Tenth Arizona, Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming.'; 

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(C) by inserting between the last 2 items the following:

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`Twelfth Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, Washington.'. 

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SEC. 3. NUMBER OF CIRCUIT JUDGES.

(a) 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'.

(b) As of February 1, 2005, the table in section 44(a) of title 28, United States Code is further amended--

(1) by striking the item amended pursuant to subsection (a)(1) and inserting the following:

`Ninth

--25';

(2) by striking the item amended pursuant to subsection (a)(2) and inserting:

`Twelfth

--10';

and

(3) by striking the item relating to the tenth circuit and inserting the following:

`Tenth

--14'.

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:

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`Ninth San Francisco, Los Angeles.'; 

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and

(2) by inserting between the last 2 items at the end the following:

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`Twelfth Portland, Seattle.'. 

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SEC. 5. ELECTION OF ASSIGNMENT BY CIRCUIT JUDGES.

(a) Except as provided in subsection (b) and notwithstanding 22 U.S.C. Sec. 44(c), each circuit judge who is in regular active service, and 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 Administrative Office of the United States Courts of such election.

(b) Each circuit judge who is in regular active service, and each judge who is a senior judge, of the former ninth circuit and whose official station on the effective date of this Act is in Arizona may, notwithstanding 22 U.S.C. Sec. 44(c), elect to be assigned to the new ninth circuit or to the tenth circuit and shall notify the Director of the Administrative Office of the United States Courts of such election.

SEC. 6. SENIORITY OF JUDGES.

The seniority of each judge who elects to be assigned under section 5 of this Act shall run from the date of commission of such judge as a judge of the former ninth circuit.

SEC. 7. APPLICATION TO CASES.

(a) The provisions of the following paragraphs of this subsection apply to any case other than a case arising from the United States District Court for the District of Arizona 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 decision, 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 decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred 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 rehearing en banc in a matter decided before the effective date of this Act, or submitted before the effective date of this Act and decided on or after the effective 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 petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted.

(b) Any appeal of any case pending in the United States District Court for the District of Arizona on the day before the effective date of this Act, and any further proceeding in respect of any case arising from the District Court in which an appeal or other proceeding has been filed with the former ninth circuit on such day, shall be had in the new ninth circuit.

SEC. 8. DEFINITIONS.

In this Act, the term--

(1) `former ninth circuit' means the ninth judicial 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)(C).

SEC. 9. ADMINISTRATION.

(a) The former ninth circuit and the tenth circuit as constituted on the day before the effective date of this Act may take such administrative actions as may be required to carry out this Act and the amendments made by this Act.

(b) The former ninth circuit shall cease to exist for administrative purposes on July 1, 2005.

(c) During the ten years following the date of enactment of this Act, the new ninth circuit and the twelfth circuit may meet in either circuit's jurisidiction.

SEC. 10. EFFECTIVE DATE.

This Act and the amendments made by this Act shall become effective on October 1, 2003.

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