108th CONGRESS
1st Session
H. R. 1428
To authorize 36 additional bankruptcy judgeships, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 25, 2003
Mr. KINGSTON (for himself, Mr. FOLEY, Mr. HOYER, Mr. DEUTSCH, Mr. ROGERS
of Michigan, Mr. JENKINS, Mr. CASTLE, Mr. FROST, Mr. NADLER, Ms. ROS-LEHTINEN,
Mr. GIBBONS, Mr. GORDON, Mr. HOEFFEL, Mr. BURNS, Mr. GINGREY, Mr. MATHESON,
Mr. SCHROCK, Mr. BISHOP of Utah, Mr. COLLINS, Mr. LINCOLN DIAZ-BALART of Florida,
Mr. WICKER, Mr. VAN HOLLEN, and Mr. MCINTYRE) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To authorize 36 additional bankruptcy judgeships, 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 `Bankruptcy Judgeship Act of 2003'.
SEC. 2. AUTHORIZATION FOR ADDITIONAL BANKRUPTCY JUDGESHIPS.
The following judgeship positions shall be filled in the manner prescribed
in section 152(a)(1) of title 28, United States Code, for the appointment
of bankruptcy judges provided for in section 152(a)(2) of such title:
(1) Two additional bankruptcy judgeships for the southern district of New
York.
(2) Four additional bankruptcy judgeships for the district of Delaware.
(3) One additional bankruptcy judgeship for the district of New Jersey.
(4) One additional bankruptcy judgeship for the eastern district of Pennsylvania.
(5) Three additional bankruptcy judgeships for the district of Maryland.
(6) One additional bankruptcy judgeship for the eastern district of North
Carolina.
(7) One additional bankruptcy judgeship for the district of South Carolina.
(8) One additional bankruptcy judgeship for the eastern district of Virginia.
(9) Two additional bankruptcy judgeships for the eastern district of Michigan.
(10) Two additional bankruptcy judgeships for the western district of Tennessee.
(11) One additional bankruptcy judgeship for the eastern and western districts
of Arkansas.
(12) Two additional bankruptcy judgeships for the district of Nevada.
(13) One additional bankruptcy judgeship for the district of Utah.
(14) Two additional bankruptcy judgeships for the middle district of Florida.
(15) Two additional bankruptcy judgeships for the southern district of Florida.
(16) Two additional bankruptcy judgeships for the northern district of Georgia.
(17) One additional bankruptcy judgeship for the southern district of Georgia.
SEC. 3. TEMPORARY BANKRUPTCY JUDGESHIPS.
(a) AUTHORIZATION FOR ADDITIONAL TEMPORARY BANKRUPTCY JUDGESHIPS- The following
judgeship positions shall be filled in the manner prescribed in section 152(a)(1)
of title 28, United States Code, for the appointment of bankruptcy judges
provided for in section 152(a)(2) of such title:
(1) One additional bankruptcy judgeship for the district of Puerto Rico.
(2) One additional bankruptcy judgeship for the northern district of New
York.
(3) One additional bankruptcy judgeship for the middle district of Pennsylvania.
(4) One additional bankruptcy judgeship for the district of Maryland.
(5) One additional bankruptcy judgeship for the northern district of Mississippi.
(6) One additional bankruptcy judgeship for the southern district of Mississippi.
(7) One additional bankruptcy judgeship for the southern district of Georgia.
(1) IN GENERAL- The first vacancy occurring in the office of bankruptcy
judge in each of the judicial districts set forth in subsection (a)--
(A) occurring 5 years or more after the appointment date of the bankruptcy
judge appointed under subsection (a) to such office; and
(B) resulting from the death, retirement, resignation, or removal of a
bankruptcy judge;
(2) TERM EXPIRATION- In the case of a vacancy resulting from the expiration
of the term of a bankruptcy judge not described in paragraph (1), that judge
shall be eligible for reappointment as a bankruptcy judge in that district.
(c) EXTENSION OF EXISTING TEMPORARY BANKRUPTCY JUDGESHIPS-
(1) IN GENERAL- The temporary bankruptcy judgeships authorized for the northern
district of Alabama and the eastern district of Tennessee under paragraphs
(1) and (9) of section 3(a) of the Bankruptcy Judgeship Act of 1992 (28
U.S.C. 152 note) are extended until the first vacancy occurring in the office
of a bankruptcy judge in the applicable district resulting from the death,
retirement, resignation, or removal of a bankruptcy judge and occurring
5 years or more after the date of enactment of this Act.
(2) APPLICABILITY OF OTHER PROVISIONS- All other provisions of section 3
of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) remain applicable
to the temporary bankruptcy judgeships referred to in this subsection.
SEC. 4. TRANSFER OF BANKRUPTCY JUDGESHIP SHARED BY THE MIDDLE DISTRICT OF
GEORGIA AND THE SOUTHERN DISTRICT OF GEORGIA.
The bankruptcy judgeship presently shared by the southern district of Georgia
and the middle district of Georgia shall be converted to a bankruptcy judgeship
for the middle district of Georgia.
SEC. 5. CONVERSION OF EXISTING TEMPORARY BANKRUPTCY JUDGESHIPS.
(a) DISTRICT OF DELAWARE- The temporary bankruptcy judgeship authorized for
the district of Delaware pursuant to section 3 of the Bankruptcy Judgeship
Act of 1992 (28 U.S.C. 152 note), shall be converted to a permanent bankruptcy
judgeship.
(b) DISTRICT OF PUERTO RICO- The temporary bankruptcy judgeship authorized
for the district of Puerto Rico pursuant to section 3 of the Bankruptcy Judgeship
Act of 1992 (28 U.S.C. 152 note), shall be converted to a permanent bankruptcy
judgeship.
SEC. 6. TECHNICAL AMENDMENTS.
Section 152(a)(2) of title 28, United States Code, is amended--
(1) in the item relating to the eastern and western districts of Arkansas,
by striking `3' and inserting `4';
(2) in the item relating to the district of Delaware, by striking `1' and
inserting `6';
(3) in the item relating to the middle district of Florida, by striking
`8' and inserting `10';
(4) in the item relating to the southern district of Florida, by striking
`5' and inserting `7';
(5) in the item relating to the northern district of Georgia, by striking
`8' and inserting `10';
(6) in the item relating to the middle district of Georgia, by striking
`2' and inserting `3';
(7) in the item relating to the southern district of Georgia, by striking
`2' and inserting `3';
(8) in the collective item relating to the middle and southern districts
of Georgia, by striking `Middle and Southern . . . . . . 1';
(9) in the item relating to the district of Maryland, by striking `4' and
inserting `7';
(10) in the item relating to the eastern district of Michigan, by striking
`4' and inserting `6';
(11) in the item relating to the district of Nevada, by striking `3' and
inserting `5';
(12) in the item relating to the district of New Jersey, by striking `8'
and inserting `9';
(13) in the item relating to the southern district of New York, by striking
`9' and inserting `11';
(14) in the item relating to the eastern district of North Carolina, by
striking `2' and inserting `3';
(15) in the item relating to the eastern district of Pennsylvania, by striking
`5' and inserting `6';
(16) in the item relating to the district of Puerto Rico, by striking `2'
and inserting `3';
(17) in the item relating to the district of South Carolina, by striking
`2' and inserting `3';
(18) in the item relating to the western district of Tennessee, by striking
`4' and inserting `6';
(19) in the item relating to the district of Utah, by striking `3' and inserting
`4'; and
(20) in the item relating to the eastern district of Virginia, by striking
`5' and inserting `6'.
END
