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S. 295 (115th): Circuit Court of Appeals Restructuring and Modernization Act

The text of the bill below is as of Feb 2, 2017 (Introduced).


II

115th CONGRESS

1st Session

S. 295

IN THE SENATE OF THE UNITED STATES

February 2, 2017

(for himself, Mr. Sullivan, and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend title 28, United States Code, to provide for the appointment of additional Federal circuit judges, to divide the Ninth Judicial Circuit of the United States into 2 circuits, and for other purposes.

1.

Short title

This Act may be cited as the Circuit Court of Appeals Restructuring and Modernization Act.

2.

Definitions

In this Act:

(1)

Former ninth circuit

The term former ninth circuit means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act.

(2)

New ninth circuit

The term new ninth circuit means the ninth judicial circuit of the United States established by the amendment made by section 3(2)(A).

(3)

Twelfth circuit

The term twelfth circuit means the twelfth judicial circuit of the United States established by the amendment made by section 3(2)(B).

3.

Number and composition of circuits

Section 41 of title 28, United States Code, is amended—

(1)

in the matter preceding the table, by striking thirteen and inserting fourteen; and

(2)

in the table—

(A)

by striking the item relating to the ninth circuit and inserting the following:

NinthCalifornia, Guam, Hawaii, Northern Mariana Islands.

;

and

(B)

by inserting after the item relating to the eleventh circuit the following:

TwelfthAlaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington.

.

4.

Judgeships

(a)

New Judgeships

The President shall appoint, by and with the advice and consent of the Senate, 5 additional circuit judges for the new ninth circuit, whose official duty station shall be in California.

(b)

Temporary Judgeships

(1)

Appointment of judges

The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the former ninth circuit, whose official duty station shall be in California.

(2)

Effect of vacancies

The first 2 vacancies in the position of circuit judge for the new ninth circuit occurring 10 years or more after judges are first confirmed to fill both temporary circuit judgeships created by this subsection shall not be filled.

(c)

Effective Date

This section shall take effect on the date of enactment of this Act.

5.

Number of circuit judges

The table in section 44(a) of title 28, United States Code, is amended—

(1)

by striking the item relating to the ninth circuit and inserting the following:

Ninth20

;

and

(2)

by inserting after the item relating to the eleventh circuit the following:

Twelfth14

.

6.

Places of circuit court

The table in section 48(a) of title 28, United States Code, is amended—

(1)

by striking the item relating to the ninth circuit and inserting the following:

NinthHonolulu, Pasadena, San Francisco.

;

and

(2)

by inserting after the item relating to the eleventh circuit the following:

TwelfthLas Vegas, Phoenix, Portland, Seattle.

.

7.

Location of Twelfth Circuit headquarters

The offices of the Circuit Executive of the Twelfth Circuit and the Clerk of the Court of the Twelfth Circuit shall be located in Phoenix, Arizona.

8.

Assignment of circuit judges

Each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act—

(1)

is in California, Guam, Hawaii, or the Northern Mariana Islands shall be a circuit judge of the new ninth circuit as of that effective date; and

(2)

is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, or Washington shall be a circuit judge of the twelfth circuit as of that effective date.

9.

Election of assignment by senior judges

Each judge who is a senior circuit judge of the former ninth circuit on the day before the effective date of this Act—

(1)

may elect to be assigned to the new ninth circuit or the twelfth circuit as of that effective date; and

(2)

shall notify the Director of the Administrative Office of the United States Courts of the election made under paragraph (1).

10.

Seniority of judges

The seniority of each judge who is assigned under section 8 or elects to be assigned under section 9 shall run from the date of commission of the judge as a judge of the former ninth circuit.

11.

Application to cases

The following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit:

(1)

Except as provided in paragraph (3), if the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted.

(2)

If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect on the date on which the appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in that court.

(3)

If a petition for rehearing en banc is pending on or after the effective date of this Act, the petition shall be considered by the court of appeals to which the petition would have been submitted had this Act been in full force and effect on the date on which the appeal or other proceeding was filed with the court of appeals.

12.

Temporary assignment of circuit judges among circuits

Section 291 of title 28, United States Code, is amended by adding at the end the following:

(c)

The chief judge of the Ninth Circuit may, in the public interest and upon request by the chief judge of the Twelfth Circuit, designate and assign temporarily any circuit judge of the Ninth Circuit to act as circuit judge in the Twelfth Circuit.

(d)

The chief judge of the Twelfth Circuit may, in the public interest and upon request by the chief judge of the Ninth Circuit, designate and assign temporarily any circuit judge of the Twelfth Circuit to act as circuit judge in the Ninth Circuit.

.

13.

Temporary assignment of district judges among circuits

Section 292 of title 28, United States Code, is amended by adding at the end the following:

(f)

The chief judge of the United States Court of Appeals for the Ninth Circuit may in the public interest—

(1)

upon request by the chief judge of the Twelfth Circuit, designate and assign one or more district judges within the Ninth Circuit to sit upon the Court of Appeals of the Twelfth Circuit, or a division thereof, whenever the business of that court so requires; and

(2)

designate and assign temporarily any district judge within the Ninth Circuit to hold a district court in any district within the Twelfth Circuit.

(g)

The chief judge of the United States Court of Appeals for the Twelfth Circuit may in the public interest—

(1)

upon request by the chief judge of the Ninth Circuit, designate and assign one or more district judges within the Twelfth Circuit to sit upon the Court of Appeals of the Ninth Circuit, or a division thereof, whenever the business of that court so requires; and

(2)

designate and assign temporarily any district judge within the Twelfth Circuit to hold a district court in any district within the Ninth Circuit.

(h)

Any designation or assignment under subsection (f) or (g) shall be in conformity with the rules or orders of the court of appeals of, or the district within, as applicable, the circuit to which the judge is designated or assigned.

.

14.

Administration

(a)

Transition authority

The court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take any administrative action that is required to carry out this Act and the amendments made by this Act.

(b)

Administrative termination

The court described in subsection (a) shall cease to exist for administrative purposes 2 years after the date of enactment of this Act.

15.

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this Act, including funds for additional court facilities.

16.

Effective date

Except as provided in section 4(c), this Act and the amendments made by this Act shall take effect 1 year after the date of enactment of this Act.