,i #aacth ,,congress #ast ,session ,h4 ,r4 #add ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjac ,mr4 ,simpson introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #bh1 ,united ,states ,code1 to provide for the appointment of additional ,federal circuit judges1 to divide the ,ninth ,judicial ,circuit of the ,united ,states into two judicial circuits1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ninth ,circuit ,court of ,appeals ,judgeship and ,reorganization ,act of #bjac4 #b4 ,definitions ,in this ,act-- 7#a7 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 ,act2 7#b7 the term new ninth circuit means the ninth judicial circuit of the ,united ,states established by the amendment made by section #c7b77;,a72 and 7#c7 the term twelfth circuit means the twelfth judicial circuit of the ,united ,states established by the amendment made by section #c7b77;,b74 #c4 ,number and composition of circuits ,section #da of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding the table1 by striking thirteen and inserting fourteen2 and 7#b7 in the table-- 7,a7 by striking the item relating to the ninth circuit and inserting the following3 ,ninth,california1 ,guam1 ,hawaii1 ,northern ,mariana ,islands4 2 and 7,b7 by inserting after the item relating to the eleventh circuit the following3 ,twelfth,alaska1 ,arizona1 ,idaho1 ,montana1 ,nevada1 ,oregon1 ,washington4 4 #d4 ,judgeships 7a7 ,new judgeships 7#a7 ,for former ,ninth ,circuit ,the ,president shall appoint1 by and with the advice and consent of the ,senate1 #b additional circuit judges for the former ninth circuit4 ,the official duty station of a judge appointed under this paragraph shall be in ,arizona1 ,california1 or ,nevada4 7#b7 ,for new ,ninth ,circuit ,the ,president shall appoint1 by and with the advice and consent of the ,senate1 #c circuit judges for the new ninth circuit4 ,the judges authorized by this paragraph shall not be appointed before ,january #ba1 #bjad4 7b7 ,temporary judgeships 7#a7 ,appointment of judges ,the ,president shall appoint1 by and with the advice and consent of the ,senate1 #b additional circuit judges for the former ninth circuit4 ,the official duty station of a judge appointed under this paragraph shall be in ,arizona1 ,california1 or ,nevada4 7#b7 ,effect of vacancies ,the first #b vacancies occurring on the new ninth circuit #aj years or more after judges are first confirmed to fill both temporary circuit judgeships created by this subsection shall not be filled4 7c7 ,effective date ,this section shall take effect on the date of the enactment of this ,act4 #e4 ,number of circuit judges ,the table contained in section #dd7;a7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by striking the item relating to the ninth circuit and inserting the following3 ,ninth#be 2 and 7#b7 by inserting after the item relating to the eleventh circuit the following3 ,twelfth#i 4 #f4 ,places of circuit court ,the table contained in section #dh7;a7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by striking the item relating to the ninth circuit and inserting the following3 ,ninth,honolulu1 ,san ,francisco1 ,pasadena4 2 and 7#b7 by inserting after the item relating to the eleventh circuit the following3 ,twelfth,phoenix1 ,seattle4 4 #g4 ,assignment of circuit judges 7a7 ,in general ,except as provided in subsection 7b71 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-- 7#a7 is in ,california1 ,guam1 ,hawaii1 or the ,northern ,mariana ,islands shall be a circuit judge of the new ninth circuit as of such effective date2 and 7#b7 is in ,alaska1 ,arizona1 ,idaho1 ,montana1 ,nevada1 ,oregon1 or ,washington shall be a circuit judge of the twelfth circuit as of such effective date4 7b7 ,special rule ,to ensure statutory distribution of judges ,if the assignment of judges under subsection 7a7 would result in a number of judges in either the new ninth circuit or the twelfth circuit that exceeds the number provided for that circuit in the table contained in section #dd7;a7 of title #bh1 ,united ,states ,code1 as amended by section #e of this ,act1 then a number of judges accounting for such excess who are the least senior in commission shall be assigned to the other circuit4 #h4 ,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 may elect to be assigned to the new ninth circuit or to the twelfth circuit as of such effective date1 and shall notify the ,director of the ,administrative ,office of the ,united ,states ,courts of such election4 #i4 ,seniority of judges ,the seniority of each judge-- 7#a7 who is assigned under section #g1 or 7#b7 who elects to be assigned under section #h1 shall run from the date of commission of such judge as a judge of the former ninth circuit4 #aj4 ,application to cases ,the following apply to any case in which1 on the day before the effective date of this ,act1 an appeal or other proceeding has been filed with the former ninth circuit3 7#a7 ,if the matter has been submitted for decision1 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 enacted4 7#b7 ,if the matter has not been submitted for decision1 the appeal or proceeding1 together with the original papers1 printed records1 and record entries duly certified1 shall1 by appropriate orders1 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 commenced1 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 court4 7#c7 ,a petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this ,act1 or submitted before the effective date of this ,act and decided on or after such effective date as provided in paragraph 7#a71 shall be treated in the same manner and with the same effect as though this ,act had not been enacted4 ,if a petition for rehearing en banc is granted1 the matter shall be reheard by a court comprised as though this ,act had not been enacted4 #aa4 ,temporary assignment of circuit judges between circuits ,section #bia of title #bh1 ,united ,states ,code1 is amended by adding at the end the following new subsections3 7c7 ,the chief judge of the ,ninth ,circuit may1 in the public interest and upon request by the chief judge of the ,twelfth ,circuit1 designate and assign temporarily any circuit judge of the ,ninth ,circuit to act as circuit judge in the ,twelfth ,circuit4 7d7 ,the chief judge of the ,twelfth ,circuit may1 in the public interest and upon request by the chief judge of the ,ninth ,circuit1 designate and assign temporarily any circuit judge of the ,twelfth ,circuit to act as circuit judge in the ,ninth ,circuit4 4 #ab4 ,temporary assignment of district judges between circuits ,section #bib of title #bh1 ,united ,states ,code1 is amended by adding at the end the following new subsections3 7f7 ,the chief judge of the ,ninth ,circuit may in the public interest-- 7#a7 upon request by the chief judge of the ,twelfth ,circuit1 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 requires2 and 7#b7 designate and assign temporarily any district judge of the ,ninth ,circuit to hold a district court in any district within the ,twelfth ,circuit4 7g7 ,the chief judge of the ,twelfth ,circuit may in the public interest-- 7#a7 upon request by the chief judge of the ,ninth ,circuit1 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 requires2 and 7#b7 designate and assign temporarily any district judge of the ,twelfth ,circuit to hold a district court in any district within the ,ninth ,circuit4 7h7 ,any designation and assignment of a judge under subsection 7f77#a7 or 7g77#a7 shall be in conformity with the rules or orders of the court of appeals of the circuit to which the judge is designated and assigned4 4 #ac4 ,administrative coordination ,section #ccb of title #bh1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7i7 ,any #b contiguous circuits may jointly carry out such administrative functions and activities as the judicial councils of the #b circuits determine may benefit from coordination or consolidation4 4 #ad4 ,administration ,the ,united ,states ,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 ,act4 ,such court shall cease to exist for administrative purposes upon the expiration of the #b-year period beginning on the effective date of this ,act4 #ae4 ,effective date ,except as provided in section #d7;c71 this ,act and the amendments made by this ,act shall take effect on the first day of the first fiscal year that begins after the expiration of the #i-month period beginning on the first date on which #e of the judges authorized to be appointed under section #d have been confirmed by the ,united ,states ,senate4 #af4 ,authorization of ,appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act1 including funds for additional court facilities4