,i #aafth ,,congress #ast ,session ,h4 ,r4 #gh ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjai,mr4 ,biggs 7for himself1 ,mr4 ,young1 and ,mr4 ,duncan7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #bh1 ,united ,states ,code1 to divide the ninth judicial circuit of the ,united ,states into #b circuits1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,judicial ,administration and ,improvement ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 ,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 ,act4 7#b7 ,new ninth circuit ,the term new ninth circuit means the ninth judicial circuit of the ,united ,states established by the amendment made by section #c4 7#c7 ,twelfth circuit ,the term twelfth circuit means the twelfth judicial circuit of the ,united ,states established by the amendment made by section #c4 #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 ,hawaii1 ,oregon1 ,washington1 ,guam1 ,northern ,mariana ,islands4 2 and 7,b7 by inserting after the item relating to the eleventh circuit the following3 ,twelfth,alaska1 ,arizona1 ,idaho1 ,montana1 ,nevada4 4 #d4 ,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#ba 2 and 7#b7 by inserting after the item relating to the eleventh circuit the following3 ,twelfth#h 4 #e4 ,places of circuit court ,the table contained in section #dh7;a7 of title #bh1 ,united ,states ,code1 is amended by inserting after the item relating to the eleventh circuit the following3 ,twelfth,las ,vegas1 ,phoenix1 ,anchorage1 ,missoula4 4 #f4 ,election of assignment of circuit judges 7a7 ,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-- 7#a7 is in ,california1 ,oregon1 ,washington1 ,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 subject to subsection 7b71 is in ,alaska1 ,arizona1 ,idaho1 ,montana1 or ,nevada1 shall be a circuit judge of the twelfth circuit as of such effective date4 7b7 ,election by certain circuit judges ,a circuit judge in regular active service as described in subsection 7a77#b7 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 election4 7c7 ,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 ,alaska1 ,arizona1 ,idaho1 ,montana1 or ,nevada1 after the date on which such individual ceases to serve as a circuit judge1 the ,president shall appoint1 by and with the advice and consent of the ,senate1 #a additional circuit judge for the twelfth circuit1 without regard to whether such individual makes an election described in subsection 7b74 #g4 ,election of assignment by senior judges ,each judge who is a senior circuit judge of the former ninth circuit1 whose official duty station on the day before the effective date of this ,act is in ,alaska1 ,arizona1 ,idaho1 ,montana1 or ,nevada1 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 election4 #h4 ,authorization of temporary judgeships 7a7 ,in general ,for each circuit judge in regular active service who elects to be assigned to the new ninth circuit under section #f7;b71 the ,president shall appoint1 by and with the advice and consent of the ,senate1 #a additional circuit judge for the twelfth circuit1 resident in the duty station of the circuit judge making the election as of the day before the effective date of this ,act4 7b7 ,vacancies ,for each appointment made under subsection 7a7 for the twelfth circuit1 an equal number of corresponding vacancies in the position of circuit judge for the twelfth circuit shall not be filled4 #i4 ,seniority of judges 7a7 ,in general ,the seniority of each judge-- 7#a7 who elects to be assigned to the twelfth circuit under section #f7;b72 7#b7 who elects to be assigned to the new ninth circuit under section #f7;b72 or 7#c7 who elects to be assigned to the twelfth circuit under section #g1 shall run from the date of commission of such judge as a judge of the former ninth circuit4 7b7 ,temporary twelfth circuit judges ,the seniority of each judge appointed under section #h7;a7 shall run from the date of commission of such judge as a judge of the twelfth 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 ,except as provided in paragraph 7#c71 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 on the date on which 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 ,if a petition for rehearing en banc is pending on or after the effective date of this ,act1 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 appeals4 #aa4 ,administration 7a7 ,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 ,act4 7b7 ,administrative termination ,the court described in subsection 7a7 shall cease to exist for administrative purposes #b years after the effective date of this ,act4 #ab4 ,effective date ,this ,act and the amendments made by this ,act shall take effect #a year after the date of enactment of this ,act4 #ac4 ,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 ,act1 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 ,act4