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S. 1385 (113th): Federal Judgeship Act of 2013

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The text of the bill below is as of Jul 30, 2013 (Introduced). The bill was not enacted into law.

II

113th CONGRESS

1st Session

S. 1385

IN THE SENATE OF THE UNITED STATES

July 30, 2013

(for himself and Mr. Leahy) 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 2013 .

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)

4 additional circuit judges for the ninth circuit court of appeals; and

(2)

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

(b)

Temporary judgeship

(1)

In general

The President shall appoint, by and with the advice and consent of the Senate 1 additional circuit judge for the ninth circuit court of appeals.

(2)

Vacancy not filled

The first vacancy in the office of circuit judge in the ninth circuit occurring 10 years or more after the confirmation date of the circuit judge named to fill the temporary circuit judgeship created in the ninth circuit by paragraph (1) 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 6
Second 13
Third 14
Fourth 15
Fifth 17
Sixth 17
Seventh 11
Eighth 11
Ninth 33
Tenth 12
Eleventh 12
Federal 12.

.

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 Delaware;

(2)

6 additional district judges for the eastern district of California;

(3)

2 additional district judges for the eastern district of Texas;

(4)

4 additional district judges for the western district of Texas;

(5)

6 additional district judges for the district of Arizona;

(6)

10 additional district judges for the central district of California;

(7)

5 additional district judges for the northern district of California;

(8)

2 additional district judges for the district of Colorado;

(9)

2 additional district judges for the western district of Washington;

(10)

1 additional district judge for the southern district of Indiana;

(11)

3 additional district judges for the southern district of Florida;

(12)

5 additional district judges for the middle district of Florida;

(13)

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

(14)

1 additional district judge for the northern district of Florida;

(15)

1 additional district judge for the western district of Wisconsin;

(16)

3 additional district judges for the southern district of California;

(17)

2 additional district judges for the eastern district of New York;

(18)

2 additional district judges for the district of New Jersey;

(19)

1 additional district judge for the district of Idaho;

(20)

2 additional district judges for the southern district of Texas;

(21)

1 additional district judge for the district of Minnesota;

(22)

1 additional district judge for the northern district of Georgia;

(23)

1 additional district judge for the district of Nevada;

(24)

1 additional district judge for the district of New Mexico; and

(25)

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

(b)

Temporary judgeships

(1)

In general

The President shall appoint, by and with the advice and consent of the Senate—

(A)

1 additional district judge for the eastern district of California;

(B)

1 additional district judge for the western district of Texas;

(C)

4 additional district judges for the district of Arizona;

(D)

2 additional district judges for the central district of California;

(E)

1 additional district judge for the northern district of California;

(F)

1 additional district judge for the middle district of Florida;

(G)

1 additional district judge for the southern district of California;

(H)

1 additional district judge for the district of New Jersey;

(I)

1 additional district judge for the district of Minnesota;

(J)

1 additional district judge for the western district of Missouri;

(K)

1 additional district judge for the northern district of Georgia;

(L)

1 additional district judge for the district of Nevada;

(M)

1 additional district judge for the district of Oregon;

(N)

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

(O)

1 additional district judge for the middle district of Tennessee; and

(P)

1 additional district judge for the eastern district of Virginia.

(2)

Vacancies not filled

(A)

In general

The first vacancy in the office of district judge in each of the offices of district judge authorized by paragraph (1), except for the district of Arizona and the central district of California, occurring 10 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in the applicable district by this subsection, shall not be filled.

(B)

Arizona

The first 4 vacancies in the office of district judge in the district of Arizona occurring 10 years or more after the date on which judge are confirmed to fill all 4 temporary district judgeships under paragraph (1)(C), shall not be filled.

(C)

Central district of California

The first 2 vacancies in the office of district judge in the central district of California occurring 10 years or more after the date on which judge are confirmed to fill both temporary district judgeships under paragraph (1)(D), shall not be filled.

(c)

Existing judgeships

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 ; 28 U.S.C. 133 note) and the existing judgeships for the eastern district of Texas, the district of Arizona, the central district of California, the southern district of Florida, the northern district of Alabama, 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 , 28 U.S.C. 133 note), 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
Alabama:
Northern 8
Middle 3
Southern 3
Alaska 3
Arizona 19
Arkansas:
Eastern 5
Western 3
California:
Northern 19
Eastern 12
Central 38
Southern 16
Colorado 9
Connecticut 8
Delaware 5
District of Columbia 15
Florida:
Northern 5
Middle 20
Southern 21
Georgia:
Northern 12
Middle 4
Southern 3
Hawaii 3
Idaho 3
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 5
Eastern and Western 2
Montana 3
Nebraska 3
Nevada 8
New Hampshire 3
New Jersey 19
New Mexico 8
New York:
Northern 5
Southern 29
Eastern 17
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 6
Pennsylvania:
Eastern 22
Middle 6
Western 10
Puerto Rico 7
Rhode Island 3
South Carolina 10
South Dakota 3
Tennessee:
Eastern 5
Middle 4
Western 5
Texas:
Northern 12
Southern 21
Eastern 10
Western 17
Utah 5
Vermont 2
Virginia:
Eastern 11
Western 4
Washington:
Eastern 4
Western 9
West Virginia:
Northern 3
Southern 5
Wisconsin:
Eastern 5
Western 3
Wyoming 3.

.

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.