S 2774
110th CONGRESS
2d Session
S. 2774
To provide for the appointment of additional Federal circuit
and district judges, and for other purposes.
IN THE SENATE OF THE UNITED STATES
March 13, 2008
Mr. LEAHY (for himself, Mr. HATCH, Mrs. FEINSTEIN, and Mr. SCHUMER)
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.
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 `Federal Judgeship Act of 2008'.
SEC. 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) 1 additional circuit judge for the first circuit court of appeals;
(2) 2 additional circuit judges for the second circuit court of appeals;
(3) 2 additional circuit judges for the third circuit court of appeals;
(4) 1 additional circuit judge for the sixth circuit court of appeals;
(5) 2 additional circuit judges for the eighth circuit court of appeals;
and
(6) 4 additional circuit judges for the ninth circuit court of appeals.
(b) Temporary Judgeships- The President shall appoint, by and with the
advice and consent of the Senate, 2 additional circuit judges for the
ninth circuit court of appeals. The first 2 vacancies arising on the
court 10 years or more after judges are first confirmed to fill both
temporary circuit judgeships created by this subsection 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
--7
Second
--15
Third
--16
Fourth
--15
Fifth
--17
Sixth
--17
Seventh
--11
Eighth
--13
Ninth
--33
Tenth
--12
Eleventh
--12
Federal
--12.'.
SEC. 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) 4 additional district judges for the district of Arizona;
(2) 4 additional district judges for the central district of California;
(3) 4 additional district judges for the eastern district of California;
(4) 2 additional district judges for the northern district of California;
(5) 1 additional district judge for the district of Colorado;
(6) 4 additional district judges for the middle district of Florida;
(7) 2 additional district judges for the southern district of Florida;
(8) 1 additional district judge for the southern district of Indiana;
(9) 1 additional district judge for the district of Minnesota;
(10) 1 additional district judge for the western district of Missouri;
(11) 1 additional district judge for the district of Nebraska;
(12) 1 additional district judge for the district of New Mexico;
(13) 3 additional district judges for the eastern district of New
York;
(14) 1 additional district judge for the western district of New York;
(15) 1 additional district judge for the district of Oregon;
(16) 1 additional district judge for the district of South Carolina;
(17) 1 additional district judge for the eastern district of Texas;
(18) 2 additional district judges for the southern district of Texas;
(19) 1 additional district judge for the western district of Texas;
(20) 1 additional district judge for the eastern district of Virginia;
and
(21) 1 additional district judge for the western district of Washington.
(b) Temporary Judgeships- The President shall appoint, by and with the
advice and consent of the Senate--
(1) 1 additional district judge for the middle district of Alabama;
(2) 1 additional district judge for the district of Arizona;
(3) 1 additional district judge for the central district of California;
(4) 1 additional district judge for the northern district of California;
(5) 1 additional district judge for the district of Colorado;
(6) 1 additional district judge for the middle district of Florida;
(7) 1 additional district judge for the southern district of Florida;
(8) 1 additional district judge for the district of Idaho;
(9) 1 additional district judge for the northern district of Iowa;
(10) 1 additional district judge for the district of Nevada;
(11) 1 additional district judge for the district of New Jersey;
(12) 1 additional district judge for the district of New Mexico;
(13) 1 additional district judge for the district of Oregon; and
(14) 1 additional district judge for the district of Utah.
For each of the judicial districts named in this subsection, the first
vacancy arising on the district court 10 years or more after a judge
is first confirmed to fill the temporary district judgeship created
in that district by this subsection shall not be filled.
(1) The existing judgeships for the district of Hawaii, 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;
104 Stat. 5089) as amended by Public Law 105-53, and the existing
judgeships for the district of Arizona 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, 116 Stat. 1758),
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.
(2) The existing judgeship for the northern district of Ohio authorized
by section 203(c) of the Judicial Improvements Act of 1990 (Public
Law 101-650, 104 Stat. 5089) as amended by Public Law 105-53, as of
the effective date of this Act, shall be extended. The first vacancy
in the office of district judge in this district occurring 20 years
or more after the confirmation date of the judge named to fill the
temporary judgeship created by section 302(c) shall not be filled.
(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:
------------------------------------
------------------------------------
Alabama:
Northern 7
Middle 3
Southern 3
Alaska 3
Arizona 17
Arkansas:
Eastern 5
Western 3
California:
Northern 16
Eastern 10
Central 31
Southern 13
Colorado 8
Connecticut 8
Delaware 4
District of Columbia 15
Florida:
Northern 4
Middle 19
Southern 19
Georgia:
Northern 11
Middle 4
Southern 3
Hawaii 4
Idaho 2
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 6
Eastern and Western 2
Montana 3
Nebraska 4
Nevada 7
New Hampshire 3
New Jersey 17
New Mexico 8
New York:
Northern 5
Southern 28
Eastern 18
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 7
Pennsylvania:
Eastern 22
Middle 6
Western 10
Puerto Rico 7
Rhode Island 3
South Carolina 11
South Dakota 3
Tennessee:
Eastern 5
Middle 4
Western 5
Texas:
Northern 12
Southern 21
Eastern 8
Western 14
Utah 5
Vermont 2
Virginia:
Eastern 12
Western 4
Washington:
Eastern 4
Western 8
West Virginia:
Northern 3
Southern 5
Wisconsin:
Eastern 5
Western 2
Wyoming 3.'.
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SEC. 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.
SEC. 5. EFFECTIVE DATE.
(a) In General- This Act (including the amendments made by this Act)
shall take effect on January 21, 2009.
(b) Coordination Rule- The amendments made by this Act shall take effect
after the amendment made by section 509(a)(2) of the Court Security
Improvement Act of 2007 (Public Law 110-177; 121 Stat 2543).
END
