S. 1385 — Introduced in Senate

II 113th CONGRESS 1st Session S. 1385 IN THE SENATE OF THE UNITED STATES July 30, 2013 Mr. Coons (for himself and Mr. Leahy) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide for the appointment of additional Federal circuit and district judges, and for other purposes. 1. Short title This Act may be cited as the Federal Judgeship Act of 2013. 2. Circuit judges for the Circuit Courts of Appeals (a) In general The President shall appoint, by and with the advice and consent of the Senate— (1) 4 additional circuit judges for the ninth circuit court of appeals; and (2) 1 additional circuit judge for the sixth circuit court of appeals. (b) Temporary judgeship (1) In general The President shall appoint, by and with the advice and consent of the Senate 1 additional circuit judge for the ninth circuit court of appeals. (2) Vacancy not filled The first vacancy in the office of circuit judge in the ninth circuit occurring 10 years or more after the confirmation date of the circuit judge named to fill the temporary circuit judgeship created in the ninth circuit by paragraph (1) shall not be filled. (c) Tables In order that the table contained in section 44 of title 28, United States Code, will, with respect to each judicial circuit, reflect the changes in the total number of permanent circuit judgeships authorized as a result of subsection (a) of this section, such table is amended to read as follows: CircuitsNumber of Judges District of Columbia11 First6 Second13 Third14 Fourth15 Fifth17 Sixth17 Seventh11 Eighth11 Ninth33 Tenth12 Eleventh12 Federal12. . 3. District judges for the district courts (a) In general The President shall appoint, by and with the advice and consent of the Senate— (1) 1 additional district judge for the district of Delaware; (2) 6 additional district judges for the eastern district of California; (3) 2 additional district judges for the eastern district of Texas; (4) 4 additional district judges for the western district of Texas; (5) 6 additional district judges for the district of Arizona; (6) 10 additional district judges for the central district of California; (7) 5 additional district judges for the northern district of California; (8) 2 additional district judges for the district of Colorado; (9) 2 additional district judges for the western district of Washington; (10) 1 additional district judge for the southern district of Indiana; (11) 3 additional district judges for the southern district of Florida; (12) 5 additional district judges for the middle district of Florida; (13) 1 additional district judge for the western district of New York; (14) 1 additional district judge for the northern district of Florida; (15) 1 additional district judge for the western district of Wisconsin; (16) 3 additional district judges for the southern district of California; (17) 2 additional district judges for the eastern district of New York; (18) 2 additional district judges for the district of New Jersey; (19) 1 additional district judge for the district of Idaho; (20) 2 additional district judges for the southern district of Texas; (21) 1 additional district judge for the district of Minnesota; (22) 1 additional district judge for the northern district of Georgia; (23) 1 additional district judge for the district of Nevada; (24) 1 additional district judge for the district of New Mexico; and (25) 1 additional district judge for the southern district of New York. (b) Temporary judgeships (1) In general The President shall appoint, by and with the advice and consent of the Senate— (A) 1 additional district judge for the eastern district of California; (B) 1 additional district judge for the western district of Texas; (C) 4 additional district judges for the district of Arizona; (D) 2 additional district judges for the central district of California; (E) 1 additional district judge for the northern district of California; (F) 1 additional district judge for the middle district of Florida; (G) 1 additional district judge for the southern district of California; (H) 1 additional district judge for the district of New Jersey; (I) 1 additional district judge for the district of Minnesota; (J) 1 additional district judge for the western district of Missouri; (K) 1 additional district judge for the northern district of Georgia; (L) 1 additional district judge for the district of Nevada; (M) 1 additional district judge for the district of Oregon; (N) 1 additional district judge for the southern district of New York; (O) 1 additional district judge for the middle district of Tennessee; and (P) 1 additional district judge for the eastern district of Virginia. (2) Vacancies not filled (A) In general The first vacancy in the office of district judge in each of the offices of district judge authorized by paragraph (1), except for the district of Arizona and the central district of California, occurring 10 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in the applicable district by this subsection, shall not be filled. (B) Arizona The first 4 vacancies in the office of district judge in the district of Arizona occurring 10 years or more after the date on which judge are confirmed to fill all 4 temporary district judgeships under paragraph (1)(C), shall not be filled. (C) Central district of California The first 2 vacancies in the office of district judge in the central district of California occurring 10 years or more after the date on which judge are confirmed to fill both temporary district judgeships under paragraph (1)(D), shall not be filled. (c) Existing 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 eastern district of Texas, the district of Arizona, the central district of California, the southern district of Florida, the northern district of Alabama, and the district of New Mexico 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 effective date 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. (d) Tables In order that the table contained in section 133 of title 28, United States Code, will, with respect to each judicial district, reflect the changes in the total number of permanent district judgeships authorized as a result of subsections (a) and (c) of this section, such table is amended to read as follows: DistrictsNumber of Judges Alabama: Northern8 Middle3 Southern3 Alaska3 Arizona19 Arkansas: Eastern5 Western3 California: Northern19 Eastern12 Central38 Southern16 Colorado9 Connecticut8 Delaware5 District of Columbia15 Florida: Northern5 Middle20 Southern21 Georgia: Northern12 Middle4 Southern3 Hawaii3 Idaho3 Illinois: Northern22 Central4 Southern4 Indiana: Northern5 Southern6 Iowa: Northern2 Southern3 Kansas6 Kentucky: Eastern5 Western4 Eastern and Western1 Louisiana: Eastern12 Middle3 Western7 Maine3 Maryland10 Massachusetts13 Michigan: Eastern15 Western4 Minnesota8 Mississippi: Northern3 Southern6 Missouri: Eastern7 Western5 Eastern and Western2 Montana3 Nebraska3 Nevada8 New Hampshire3 New Jersey19 New Mexico8 New York: Northern5 Southern29 Eastern17 Western5 North Carolina: Eastern4 Middle4 Western4 North Dakota2 Ohio: Northern11 Southern8 Oklahoma: Northern3 Eastern1 Western6 Northern, Eastern, and Western1 Oregon6 Pennsylvania: Eastern22 Middle6 Western10 Puerto Rico7 Rhode Island3 South Carolina10 South Dakota3 Tennessee: Eastern5 Middle 4 Western5 Texas: Northern12 Southern21 Eastern10 Western17 Utah5 Vermont2 Virginia: Eastern11 Western4 Washington: Eastern4 Western9 West Virginia: Northern3 Southern5 Wisconsin: Eastern5 Western3 Wyoming3. . 4. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, including such sums as may be necessary to provide appropriate space and facilities for the judicial positions created by this Act.