[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3259 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 3259
To increase the number of judgeships for the United States Court of
Appeals for the Ninth Circuit and certain district courts of the United
States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 24, 2018
Mr. Sullivan (for himself, Mr. Daines, Mr. Flake, Ms. Murkowski, Mr.
Risch, and Mr. Heller) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To increase the number of judgeships for the United States Court of
Appeals for the Ninth Circuit and certain district courts of the United
States, 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 Efficiency Improvement
Act''.
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(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).
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, Guam, Hawaii,
Northern Mariana
Islands.'';
and
(B) by inserting after the item relating to the
eleventh circuit the following:
``Twelfth......................
Alaska, Arizona, Idaho,
Montana, Nevada,
Oregon, Washington.''.
SEC. 4. CIRCUIT COURT JUDGESHIPS.
(a) New Judgeships.--The President shall appoint, by and with the
advice and consent of the Senate--
(1) 4 additional circuit judges for the new ninth circuit,
whose official duty station shall be in California; and
(2) 1 additional circuit judge for the twelfth circuit,
whose official duty station shall be in Idaho.
(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.
SEC. 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:
``Ninth .................................................... 20'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth .................................................. 14''.
SEC. 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:
``Ninth........................
Honolulu, Pasadena, San
Francisco.'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth......................
Las Vegas, Phoenix, Portland,
Seattle.''.
SEC. 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 Seattle,
Washington.
SEC. 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.
SEC. 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).
SEC. 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.
SEC. 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.
SEC. 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.''.
SEC. 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.''.
SEC. 14. DISTRICT JUDGES FOR THE DISTRICT COURTS.
(a) Additional Judgeships.--The President shall appoint, by and
with the advice and consent of the Senate--
(1) 7 additional district judges for the central district
of California;
(2) 5 additional district judges for the eastern district
of California;
(3) 2 additional district judges for the northern district
of California;
(4) 3 additional district judges for the southern district
of California;
(5) 1 additional district judge for the district of
Colorado;
(6) 1 additional district judge for the district of
Delaware;
(7) 6 additional district judges for the middle district of
Florida;
(8) 1 additional district judge for the northern district
of Florida;
(9) 3 additional district judges for the southern district
of Florida;
(10) 1 additional district judge for the northern district
of Georgia;
(11) 1 additional district judge for the district of Idaho;
(12) 1 additional district judge for the southern district
of Indiana;
(13) 1 additional district judge for the district of
Minnesota;
(14) 1 additional district judge for the district of
Nevada;
(15) 3 additional district judges for the district of New
Jersey;
(16) 2 additional district judges for the district of New
Mexico;
(17) 2 additional district judges for the eastern district
of New York;
(18) 1 additional district judge for the southern district
of New York;
(19) 1 additional district judge for the western district
of New York;
(20) 1 additional district judge for the district of Puerto
Rico;
(21) 2 additional district judges for the eastern district
of Texas;
(22) 2 additional district judges for the southern district
of Texas; and
(23) 4 additional district judges for the western district
of Texas.
(b) Conversion of Temporary 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 district of Arizona, the central district of California, the
southern district of Florida, the district of New Mexico, the western
district of North Carolina, 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, 28 U.S.C. 133
note), as of the date of enactment 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.
(c) Technical and Conforming Amendments.--The table contained in
section 133(a) of title 28, United States Code, is amended--
(1) by striking the item relating to the district of
Arizona and inserting the following:
``Arizona............................ 13'';
(2) by striking the items relating to California and
inserting the following:
``California:
Northern............................. 16
Eastern.............................. 11
Central.............................. 35
Southern............................. 16'';
(3) by striking the item relating to the district of
Colorado and inserting the following:
``Colorado........................... 8'';
(4) by striking the item relating to the district of
Delaware and inserting the following:
``Delaware........................... 5'';
(5) by striking the items relating to Florida and inserting
the following:
``Florida:
Northern............................. 5
Middle............................... 21
Southern............................. 21'';
(6) by striking the items relating to Georgia and inserting
the following:
``Georgia:
Northern............................. 12
Middle............................... 4
Southern............................. 3'';
(7) by striking the item relating to Idaho and inserting
the following:
``Idaho.............................. 3'';
(8) by striking the items relating to Indiana and inserting
the following:
``Indiana:
Northern............................. 5
Southern............................. 6'';
(9) by striking the item relating to Kansas and inserting
the following:
``Kansas............................. 6'';
(10) by striking the item relating to Minnesota and
inserting the following:
``Minnesota.......................... 8'';
(11) by striking the items relating to Missouri and
inserting the following:
``Missouri:
Eastern.............................. 8
Western.............................. 5
Eastern and Western.................. 2'';
(12) by striking the item relating to Nevada and inserting
the following:
``Nevada............................. 8'';
(13) by striking the item relating to New Jersey and
inserting the following:
``New Jersey......................... 20'';
(14) by striking the item relating to New Mexico and
inserting the following:
``New Mexico......................... 9'';
(15) by striking the items relating to New York and
inserting the following:
``New York:
Northern............................. 5
Southern............................. 29
Eastern.............................. 17
Western.............................. 5'';
(16) by striking the items relating to North Carolina and
inserting the following:
``North Carolina:
Eastern.............................. 4
Middle............................... 4
Western.............................. 5'';
(17) by striking the item relating to Puerto Rico and
inserting the following:
``Puerto Rico........................ 8'';
and
(18) by striking the items relating to Texas and inserting
the following:
``Texas:
Northern............................. 12
Southern............................. 21
Eastern.............................. 10
Western.............................. 17''.
SEC. 15. 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.
SEC. 16. 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.
SEC. 17. 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.
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