Ninth Circuit Court of Appeals Reorganization Act of 2001 (Introduced in House)
HR 1203 IH
107th CONGRESS
1st Session
H. R. 1203
To amend chapter 3 of title 28, United States Code, to divide the Ninth Judicial Circuit of the United States into two circuits, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
Mr. SIMPSON introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend chapter 3 of title 28, United States Code, to divide the Ninth Judicial Circuit of the United States into two circuits, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the `Ninth Circuit Court of Appeals Reorganization Act of 2001'.
Section 41 of title 28, United States Code, is amended--
(1) in the matter before 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
Arizona, California, Nevada.';
and
(B) by inserting between the last 2 items the following:
`Twelfth
Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, Washington.'.
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:
20';
and
(2) by inserting between the last 2 items the following:
8'.
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
San Francisco, Los Angeles.';
and
(2) by inserting between the last 2 items at the end the following:
`Twelfth
Portland, Seattle.'.
Each circuit judge in regular active service of the former ninth circuit whose official station on the day before the effective date of this Act--
(1) is in Arizona, California, or Nevada is assigned as a circuit judge of the new ninth circuit; and
(2) is in Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, or Washington is assigned as a circuit judge of the twelfth circuit.
Each judge who is a senior judge of the former ninth circuit on the day before the effective date of this Act may elect to be assigned to the new ninth circuit or to the twelfth circuit and shall notify the Director of the Administrative Office of the United States Courts of such election.
The seniority of each judge--
(1) who is assigned under section 5 of this Act; or
(2) who elects to be assigned under section 6 of this Act;
shall run from the date of commission of such judge as a judge of the former ninth circuit.
The provisions of the following paragraphs of this section 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) If the matter has been submitted for decision, further proceedings in respect of 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 at the time such appeal was taken or other proceeding commenced, and further proceedings in respect of 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) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act, or submitted before the effective date of this Act and decided on or after the effective date as provided in paragraph (1), shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted.
In this Act, the term--
(1) `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' means the ninth judicial circuit of the United States established by the amendment made by section 2(2)(A); and
(3) `twelfth circuit' means the twelfth judicial circuit of the United States established by the amendment made by section 2(2)(B).
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. Such court shall cease to exist for administrative purposes on July 1, 2003.
This Act and the amendments made by this Act shall become effective on October 1, 2001.