Federal Judgeship Act of 2003

108th CONGRESS
1st Session

S. 920

To provide for the appointment of additional Federal circuit and district judges, and for other purposes.

IN THE SENATE OF THE UNITED STATES

April 11, 2003

Mr. HATCH 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 2003'.

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) 1 additional circuit judge for the sixth circuit court of appeals; and

(4) 5 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

First

Second

Third

Fourth

Fifth

Sixth

Seventh

Eighth

Ninth

Tenth

Eleventh

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) 1 additional district judge for the northern district of Alabama;

(2) 1 additional district judge for the middle district of Alabama;

(3) 3 additional district judges for the district of Arizona;

(4) 1 additional district judge for the central district of California;

(5) 3 additional district judges for the eastern district of California;

(6) 1 additional district judge for the northern district of California;

(7) 2 additional district judges for the southern district of California;

(8) 2 additional district judges for the middle district of Florida;

(9) 4 additional district judges for the southern district of Florida;

(10) 1 additional district judge for the western district of Missouri;

(11) 2 additional district judges for the district of New Mexico;

(12) 3 additional district judges for the eastern district of New York;

(13) 1 additional district judge for the district of Oregon;

(14) 1 additional district judge for the district of South Carolina;

(15) 2 additional district judges for the eastern district of Virginia; and

(16) 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) 2 additional district judges for the central district of California;

(2) 1 additional district judge for the northern district of California;

(3) 3 additional district judges for the southern district of California;

(4) 1 additional district judge for the district of Colorado;

(5) 1 additional district judge for the middle district of Florida;

(6) 1 additional district judge for the district of Idaho;

(7) 1 additional district judge for the northern district of Illinois;

(8) 1 additional district judge for the northern district of Indiana;

(9) 1 additional district judge for the southern district of Indiana;

(10) 1 additional district judge for the northern district of Iowa;

(11) 1 additional district judge for the district of New Mexico;

(12) 1 additional district judge for the eastern district of New York;

(13) 1 additional district judge for the western district of New York; and

(14) 1 additional district judge for the district of Utah.

For the central district of California, the first 2 vacancies arising on the district court 10 years or more after judges are first confirmed to fill both temporary district judgeships created in that district by this subsection shall not be filled. For the southern district of California, the first 3 vacancies arising on the district court 10 years or more after judges are first confirmed to fill all 3 temporary district judgeships created in that district by this subsection shall not be filled. For each of the other 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.

(c) EXISTING JUDGESHIPS- The existing judgeships for the eastern district of California, the district of Hawaii, the district of Kansas, the eastern district of Missouri, and the district of Nebraska 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 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

3.'.

SEC. 4. ESTABLISHMENT OF ARTICLE III COURTS IN THE NORTHERN MARIANA ISLANDS AND THE VIRGIN ISLANDS.

(a) ESTABLISHMENT OF JUDICIAL DISTRICTS-

(1) NORTHERN MARIANA ISLANDS- Chapter 5 of title 28, United States Code, is amended by inserting after section 114 the following:

`Sec. 114A. Northern Mariana Islands

`The Northern Mariana Islands constitute 1 judicial district.

`Court shall be held at Saipan.'.

(2) VIRGIN ISLANDS- Chapter 5 of title 28, United States Code, is further amended by inserting after section 126 the following:

`Sec. 126A. Virgin Islands

`The Virgin Islands constitute 1 judicial district comprising 2 divisions.

`(1) The Saint Croix Division comprises the Island of Saint Croix and adjacent islands and cays.

`Court for the Saint Croix Division shall be held at Christiansted.

`(2) The Saint Thomas and Saint John Division comprises the Islands of Saint Thomas and Saint John and adjacent islands and cays.

`Court for the Saint Thomas and Saint John Division shall be held at Charlotte-Amalie.'.

(3) TECHNICAL AND CONFORMING AMENDMENTS- The table of contents for chapter 5 of title 28, United States Code, is amended--

(A) by inserting after the item relating to section 114 the following:

`114A. Northern Mariana Islands.';

and

(B) by inserting after the item relating to section 126 the following:

`126A. Virgin Islands.'.

(b) COMPOSITION OF NINTH CIRCUIT- Section 41 of title 28, United States Code, is amended in the matter relating to the Ninth Circuit by inserting `, Northern Mariana Islands' after `Hawaii'.

(1) by inserting after the item relating to North Dakota the following:

`Northern Mariana Islands

1';

and

(2) by inserting after the item relating to Vermont the following:

`Virgin Islands

2'.

(d) BANKRUPTCY JUDGES- Section 152(a)(2) of title 28, United States Code, is amended--

(1) by inserting after the item relating to North Dakota the following:

`Northern Mariana Islands

0';

and

(2) by inserting after the item relating to Vermont the following:

`Virgin Islands

0'.

(e) ASSIGNMENT OF JUDGES-

(1) IN GENERAL- Chapter 13 of title 28, United States Code, is amended by adding after section 297 the following:

`Sec. 298. Assignment to the United States District Court for the District of the Northern Mariana Islands

`In addition to the judges authorized to be designated by sections 291 and 292, the chief judge of the United States Court of Appeals for the Ninth Circuit may assign judges of courts of record of the Northern Mariana Islands or Guam, including a judge of the District Court of Guam who is appointed by the President or a recalled senior judge of the District Court of Guam, to serve temporarily as a judge in the United States District Court for the District of the Northern Mariana Islands whenever such an assignment is necessary for the proper dispatch of the business of the court. The judges assigned under this section shall have the powers of a magistrate judge.'.

(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 13 of title 28, United States Code, is amended by adding after the item relating to section 297 the following:

`298. Assignment to the United States District Court for the District of the Northern Mariana Islands.'.

(f) JUDICIAL CONFERENCES OF CIRCUITS- Section 333 of title 28, United States Code, is amended in the third sentence of the first undesignated paragraph by striking `, the District Court of the Virgin Islands, and the District Court of the Northern Mariana Islands may also be summoned biennially, and may be summoned annually, to the conferences of their respective circuits' and inserting `may also be summoned biennially, and may be summoned annually, to the conference of the ninth circuit'.

(g) JUDGES IN TERRITORIES AND POSSESSIONS- Section 373 of title 28, United States Code, is amended--

(1) in subsection (a), by striking `, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands'; and

(2) in subsection (e), by striking `, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands'.

(h) ANNUITIES FOR SURVIVORS OF CERTAIN JUDICIAL OFFICIALS OF THE UNITED STATES- Section 376(a) of title 28, United States Code, is amended--

(1) in paragraph (1)(B), by striking `, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands'; and

(2) in paragraph (2)(B), by striking `, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands,'.

(i) AUTHORITY OF ATTORNEY GENERAL- Section 526(a)(2) of title 28, United States Code, is amended by striking `and of the district court of the Virgin Islands'.

(j) COURTS DEFINED- Section 610 of title 28, United States Code, is amended--

(1) by striking `the United States District Court for the District of the Canal Zone,'; and

(2) by striking `the District Court of the Virgin Islands,'.

(k) UNITED STATES MAGISTRATE JUDGES- Section 631 of title 28, United States Code, is amended--

(1) in subsection (a)--

(A) in the first sentence by striking `the Virgin Islands, Guam,' and inserting `Guam'; and

(B) by striking the second sentence; and

(2) in subsection (b)(1), by inserting `the Commonwealth of the Northern Mariana Islands,' after `Puerto Rico,'.

(l) COURT REPORTERS- Section 753(a) of title 28, United States Code, is amended by striking `, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands' and inserting `and the District Court of Guam'.

(m) FINAL DECISIONS OF DISTRICT COURTS- Section 1291 of title 28, United States Code, is amended by striking `, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands,' and inserting `and the District Court of Guam,'.

(n) INTERLOCUTORY DECISIONS- Section 1292 of title 28, United States Code, is amended--

(1) in subsection (a), by striking `, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands,' and inserting `and the District Court of Guam,'; and

(2) in subsection (d)(4)(A), by striking `, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands,' and inserting `or the District Court of Guam,'.

(o) JURISDICTION OF THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT- Section 1295(a) of title 28, United States Code, is amended in paragraphs (1) and (2), by striking `, the United States District Court for the District of the Canal Zone, the District Court of Guam, or the District Court for the Northern Mariana Islands' and inserting `or the District Court of Guam'.

(p) DIVERSITY JURISDICTION- Section 1332(d) of title 28, United States Code, is amended by striking `and the Commonwealth of Puerto Rico' and inserting `the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands'.

(q) UNITED STATES AS DEFENDANT- Section 1346(b) of title 28, United States Code, is amended by striking `, together with the United States District Court for the District of the Canal Zone and the District Court of the Virgin Islands,'.

(r) ADEQUATE REPRESENTATION OF DEFENDANTS- Section 3006A(j) of title 18, United States Code, is amended by striking `, the District Court of the Virgin Islands, the District Court for the Northern Mariana Islands,'.

(s) SAVINGS PROVISIONS-

(1) TENURE OF INCUMBENT JUDGES- A judge of the District Court for the Northern Mariana Islands or of the District Court of the Virgin Islands in office on the effective date of this section shall continue in office until the expiration of the term for which the judge was appointed, or until the judge dies, resigns, or is removed from office, whichever occurs first. When a vacancy occurs on the court on or after the effective date of this section, the President, in accordance with sections 133(a) and 134(a) of title 28, United States Code, shall appoint, by and with the advice and consent of the Senate, a judge who shall hold office during good behavior.

(2) RETIREMENT RIGHTS AND BENEFITS- The amendments made by this section shall not affect the rights under sections 373 and 376 of title 28, United States Code, of any judge of the District Court for the Northern Mariana Islands or the District Court of the Virgin Islands who retires on or before the effective date of this section or who continues in office after that date under paragraph (1) of this subsection. Service as a judge of the District Court for the Northern Mariana Islands appointed under the first section of the Act of November 8, 1977 (Public Law 95-157, 91 Stat. 1265; 48 U.S.C. 1821) or judge of the District Court of the Virgin Islands appointed under section 24 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1614) shall be included in calculating service under sections 371 and 372 of title 28, United States Code, and shall not be counted for purposes of section 373 of that title, if the judge is reappointed to hold office during good behavior after the effective date of this section.

(t) AMENDMENTS TO ACT TO CREATE THE DISTRICT COURT OF THE NORTHERN MARIANA ISLANDS-

(1) IN GENERAL- The Act of November 8, 1977 (Public Law 95-157; 91 Stat. 1265) is amended--

(A) in section 4(a) (48 U.S.C. 1824(a))--

(i) by striking `(a)';

(ii) by striking `, except as otherwise provided in article IV of the covenant';

(iii) by striking all beginning with `, unless those cases are reviewable in the District Court for the Northern Mariana Islands' through the period and inserting a period; and

(iv) by striking subsection (b); and

(B) by striking--

(i) the first section (48 U.S.C. 1821);

(ii) section 2 (48 U.S.C. 1822);

(iii) section 3 (48 U.S.C. 1823);

(iv) section 5 (48 U.S.C. 1825); and

(v) section 6 (48 U.S.C. 1826).

(2) SUPERSEDING PROVISIONS- To the extent that the amendments made by this subsection are inconsistent with article IV of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (48 U.S.C. 1801 note), article IV is superseded.

(u) AMENDMENTS TO REVISED ORGANIC ACT OF THE VIRGIN ISLANDS-

(1) REPEALS- Sections 24, 25, 26, and 27 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1614, 1615, 1616, and 1617) are repealed.

(2) RIGHTS AND PROHIBITIONS- Section 3 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1561) is amended in the 23d undesignated paragraph--

(A) by inserting `article III;' after `section 9, clauses 2 and 3;'; and

(B) by striking `That all offenses against the laws of the United States and the laws of the Virgin Islands which are prosecuted in the district court pursuant to sections 1612(a) and (c) of this title may be had by indictment by grand jury or by information, and that all offenses against the laws of the Virgin Islands which are prosecuted in the district court pursuant to section 1612(b) of this title or' and inserting `That all offenses against the laws of the Virgin Islands which are prosecuted'.

(3) JURISDICTION- Section 21 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1611) is amended to read as follows:

`SEC. 21. JURISDICTION OF THE COURTS OF THE VIRGIN ISLANDS.

`(a) JURISDICTION OF THE COURTS OF THE VIRGIN ISLANDS- The judicial power of the Virgin Islands shall be vested in such trial and appellate courts as may have been or may hereafter be established by local law. The local courts of the Virgin Islands shall have jurisdiction over all causes of action in the Virgin Islands over which any court established by the Constitution and laws of the United States does not have exclusive jurisdiction.

`(b) PRACTICE AND PROCEDURE- The rules governing the practice and procedure of the courts established by local law and those prescribing the qualifications and duties of the judges and officers thereof, oaths and bonds, and the times and places of holding court shall be governed by local law or the rules promulgated by those courts.'.

(4) INCOME TAX MATTERS- Section 22 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1612) is amended to read as follows:

`SEC. 22. JURISDICTION OVER INCOME TAX MATTERS.

`The United States District Court for the District of the Virgin Islands shall have exclusive jurisdiction over all criminal and civil proceedings in the Virgin Islands with respect to the income tax laws applicable to the Virgin Islands, except the ancillary laws relating to the income tax enacted by the legislature of the Virgin Islands. Any act or failure to act with respect to the income tax laws applicable to the Virgin Islands which would constitute a criminal offense described in chapter 75 of subtitle F of the Internal Revenue Code of 1986 shall constitute an offense against the Government of the Virgin Islands and may be prosecuted in the name of the Government of the Virgin Islands by the appropriate officers thereof in the United States District Court for the District of the Virgin Islands without the request or consent of the United States Attorney for the Virgin Islands.'.

(5) APPELLATE JURISDICTION- Section 23A of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1613a(b)) is amended--

(A) by striking `District Court of the Virgin Islands' each place it appears and inserting `United States District Court for the District of the Virgin Islands'; and

Provided

(v) ADDITIONAL REFERENCES- Any reference in any provision of law to the `District Court for the Northern Mariana Islands' shall, on and after the effective date of this section, be deemed to be a reference to the United States District Court for the District of the Northern Mariana Islands. Any reference in any provision of law to the `District Court of the Virgin Islands' shall, on and after the effective date of this section, be deemed to be a reference to the United States District Court for the District of the Virgin Islands.

(w) EFFECTIVE DATE- This section and the amendments made by this section shall take effect at the end of the 90-day period beginning on the date of enactment. Any complaint or proceeding pending in the District Court of the Virgin Islands on the effective date of this section may be pursued to final determination in the United States District Court for the District of the Virgin Islands, the United States Court of Appeals for the Third Circuit, the United States Court of Appeals for the Federal Circuit, and the Supreme Court of the United States. Any complaint or proceeding pending in the District Court for the Northern Mariana Islands on the effective date of this section may be pursued to final determination in the United States District Court for the District of the Northern Mariana Islands, the United States Court of Appeals for the Ninth Circuit, the United States Court of Appeals for the Federal Circuit, and the Supreme Court of the United States.

SEC. 5. 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. 6. EFFECTIVE DATE.

Except as provided in section 4(w), this Act shall take effect on the date of enactment.

END