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H.R. 3125 (109th): Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2005


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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Jun 29, 2005.


Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2005 - Divides the U.S. Court of Appeals for the Ninth Circuit into: (1) the Ninth Circuit, composed of California, Guam, Hawaii, and Northern Mariana Islands; and (2) the Twelfth Circuit, composed of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington.

Directs the President to appoint two additional judges for the former Ninth Circuit, three additional judges for the new Ninth Circuit, and two temporary judges for the former Ninth Circuit. Specifies the locations where new circuits are to hold regular sessions. Assigns active circuit judges of the former Ninth Circuit to the new circuits. Allows senior circuit judges of the former Ninth Circuit to elect assignment. Provides for the disposition of cases pending in the former Ninth Circuit before the effective date of this Act as follows: (1) proceedings in matters that have been submitted for decision shall continue without regard to this Act; (2) matters not yet submitted for decision must be transferred to the court to which they would have been submitted under this Act; and (3) proceedings on petitions for rehearing or rehearing en banc in matters submitted or decided shall continue without regard to this Act. Authorizes the temporary assignment of circuit and district judges of the former Ninth Circuit between the new circuits. Authorizes administrative coordination between any two contiguous new circuits. Directs that the former Ninth Circuit shall cease to exist for administrative purposes two years after enactment of this Act.