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S. 1653 (111th): Federal Judgeship Act of 2009


The text of the bill below is as of Sep 8, 2009 (Introduced). The bill was not enacted into law.


II

111th CONGRESS

1st Session

S. 1653

IN THE SENATE OF THE UNITED STATES

September 8, 2009

(for himself, Mrs. Feinstein, Mr. Schumer, Mr. Whitehouse, Ms. Klobuchar, Mr. Kaufman, Mr. Franken, Mr. Harkin, Mr. Bingaman, Mrs. Murray, Mr. Brown, Mr. Bayh, Mr. Bennet, Mrs. Boxer, Mrs. Shaheen, Mr. Inouye, Mr. Kerry, and Mr. Akaka) 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.

1.

Short title

This Act may be cited as the Federal Judgeship Act of 2009.

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 third circuit court of appeals;

(4)

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

(5)

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—

(1)

1 additional circuit judge for the third circuit court of appeals;

(2)

1 additional circuit judge for the eighth circuit court of appeals; and

(3)

1 additional circuit judge for the ninth circuit court of appeals.

For each of the judicial circuits named in this subsection, the first vacancy arising on the circuit court 10 years or more after a judge is first confirmed to fill the temporary circuit judgeship created in that circuit 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:

CircuitsNumber of judges
District of Columbia11
First7
Second15
Third15
Fourth15
Fifth17
Sixth17
Seventh11
Eighth11
Ninth33
Tenth12
Eleventh12
Federal12.

.

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 district of Arizona;

(2)

4 additional district judges for the northern district of California;

(3)

4 additional district judges for the eastern district of California;

(4)

4 additional district judges for the central 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)

3 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 district of New Jersey;

(11)

1 additional district judge for the district of New Mexico;

(12)

1 additional district judge for the southern district of New York;

(13)

1 additional district judge 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)

4 additional district judges for the western district of Texas; and

(20)

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 northern district of California;

(4)

1 additional district judge for the eastern district of California;

(5)

1 additional district judge for the central district of California;

(6)

1 additional district judge for the middle district of Florida;

(7)

1 additional district judge for the district of Idaho;

(8)

1 additional district judge for the northern district of Iowa;

(9)

1 additional district judge for the district of Minnesota;

(10)

1 additional district judge for the district of Nebraska;

(11)

1 additional district judge for the southern district of New York;

(12)

1 additional district judge for the eastern district of New York; and

(13)

1 additional district judge for the eastern district of Virginia.

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.
(c)

Existing judgeships

(1)

The existing judgeships for 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 111–8 (relating to the district of Kansas) and Public Law 109–115 (relating to the eastern district of Missouri), and the existing judgeships for the district of Arizona, the district of New Mexico, and the eastern district of Texas 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 111–8, as of the effective date of this Act, shall be extended. The first vacancy in the office of district judge in this district occurring 23 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:

DistrictsJudges
Alabama:
Northern7
Middle3
Southern3
Alaska3
Arizona14
Arkansas:
Eastern5
Western3
California:
Northern18
Eastern10
Central31
Southern13
Colorado8
Connecticut8
Delaware4
District of Columbia15
Florida:
Northern4
Middle19
Southern20
Georgia:
Northern11
Middle4
Southern3
Hawaii3
Idaho2
Illinois:
Northern22
Central4
Southern4
Indiana:
Northern5
Southern6
Iowa:
Northern2
Southern3
Kansas6
Kentucky:
Eastern5
Western4
Eastern and Western1
Louisiana:
Eastern12
Middle3
Western7
Maine3
Maryland10
Massachusetts13
Michigan:
Eastern15
Western4
Minnesota8
Mississippi:
Northern3
Southern6
Missouri:
Eastern7
Western5
Eastern and Western2
Montana3
Nebraska3
Nevada7
New Hampshire3
New Jersey18
New Mexico8
New York:
Northern5
Southern29
Eastern16
Western5
North Carolina:
Eastern4
Middle4
Western4
North Dakota2
Ohio:
Northern11
Southern8
Oklahoma:
Northern3
Eastern1
Western6
Northern, Eastern, and Western1
Oregon7
Pennsylvania:
Eastern22
Middle6
Western10
Puerto Rico7
Rhode Island3
South Carolina11
South Dakota3
Tennessee:
Eastern5
Middle4
Western5
Texas:
Northern12
Southern21
Eastern9
Western17
Utah5
Vermont2
Virginia:
Eastern11
Western4
Washington:
Eastern4
Western8
West Virginia:
Northern3
Southern5
Wisconsin:
Eastern5
Western2
Wyoming3.

.

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.

5.

Effective date

This Act (including the amendments made by this Act) shall take effect on the date of enactment of this Act.