[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 276 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 276
To amend title 28, United States Code, to divide the ninth judicial
circuit of the United States into 2 circuits, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 2, 2017
Mr. Flake (for himself and Mr. McCain) 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 divide the ninth judicial
circuit of the United States into 2 circuits, 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 ``Judicial Administration and
Improvement Act of 2017''.
SEC. 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.
(3) Twelfth circuit.--The term ``twelfth circuit'' means
the twelfth judicial circuit of the United States established
by the amendment made by section 3.
SEC. 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:
``Ninth........................
California, Hawaii, Oregon,
Guam, Northern Mariana
Islands.'';
and
(B) by inserting after the item relating to the
eleventh circuit the following:
``Twelfth......................
Alaska, Arizona, Idaho,
Montana, Nevada,
Washington.''.
SEC. 4. NUMBER OF CIRCUIT JUDGES.
The table contained 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:
``Ninth .................................................... 19'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth .................................................. 10''.
SEC. 5. PLACES OF CIRCUIT COURT.
The table contained in section 48(a) of title 28, United States
Code, is amended by inserting after the item relating to the eleventh
circuit the following:
``Twelfth......................
Phoenix, Anchorage, Missoula,
Seattle.''.
SEC. 6. ELECTION OF ASSIGNMENT OF CIRCUIT JUDGES.
(a) In General.--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, Oregon, Guam, Hawaii, or the Northern
Mariana Islands shall be a circuit judge of the new ninth
circuit as of such effective date; and
(2) subject to subsection (b), is in Alaska, Arizona,
Idaho, Montana, Nevada, or Washington shall be a circuit judge
of the twelfth circuit as of such effective date.
(b) Election by Certain Circuit Judges.--A circuit judge in regular
active service as described in subsection (a)(2) may elect to be
permanently assigned to the new ninth circuit as of such effective date
by notifying the Director of the Administrative Office of the United
States Courts of such election.
(c) Vacancies.--For each individual serving in the position of
circuit judge of the former ninth circuit whose official duty station
on the day before the effective date of this Act is in Alaska, Arizona,
Idaho, Montana, Nevada, or Washington after the date on which such
individual ceases to serve as an active circuit judge, the President
shall appoint, by and with the advice and consent of the Senate, 1
additional circuit judge for the twelfth circuit, without regard to
whether such individual makes an election described in subsection (b).
SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.
Each judge who is a senior circuit judge of the former ninth
circuit, whose official duty station on the day before the effective
date of this Act is in Alaska, Arizona, Idaho, Montana, Nevada, or
Washington may elect to be assigned to the new ninth circuit or the
twelfth circuit as of such effective date and shall notify the Director
of the Administrative Office of the United States Courts of such
election.
SEC. 8. AUTHORIZATION OF TEMPORARY JUDGESHIPS.
(a) In General.--For each circuit judge in regular active service
who elects to be assigned to the new ninth circuit under section 6(b),
the President shall appoint, by and with the advice and consent of the
Senate, 1 additional circuit judge for the twelfth circuit, resident in
the duty station of the circuit judge making the election as of the day
before the effective date of this Act.
(b) Vacancies.--For each appointment made under subsection (a) for
the twelfth circuit, an equal number of corresponding vacancies in the
position of circuit judge for the twelfth circuit shall not be filled.
SEC. 9. SENIORITY OF JUDGES.
(a) In General.--The seniority of each judge--
(1) who elects to be assigned to the twelfth circuit under
section 6(a)(2);
(2) who elects to be assigned to the new ninth circuit
under section 6(b);
(3) who elects to be assigned to the twelfth circuit under
section 7; or
(4) who is assigned to the new ninth circuit under section
6(a)(1),
shall run from the date of commission of such judge as a judge of the
former ninth circuit.
(b) Temporary Twelfth Circuit Judges.--The seniority of each judge
appointed under section 8(a) shall run from the date of commission of
such judge as a judge of the twelfth circuit.
SEC. 10. 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 such 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 such 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.
SEC. 11. PRECEDENT.
Precedent from the former ninth circuit shall not be binding on the
twelfth circuit. Precedent from any circuit, including the former and
new ninth circuits, shall be persuasive authority only.
SEC. 12. ADMINISTRATION.
(a) In General.--The court of appeals for the ninth circuit as
constituted on the day before the effective date of this Act may take
such administrative action as may be 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 at the end of the
second calendar year following the effective date of this Act.
SEC. 13. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect at
the beginning of the next calendar year after the date of enactment of
this Act.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act,
including such sums as may be necessary to provide appropriate space
and facilities for any judicial positions created by this Act or an
amendment made by this Act.
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