Ninth Circuit Court of Appeals Reorganization Act of 1990

Ninth Circuit Court of Appeals Reorganization Act of 1990 - Divides the current U.S. Court of Appeals for the Ninth Circuit into the following two circuits: (1) the Ninth Circuit, composed of the States of Arizona, California, Nevada, Hawaii, Guam, and the Northern Mariana Islands, consisting of 19 judges, and holding regular sessions in San Francisco and Los Angeles; and (2) the Twelfth Circuit, composed of the States of Alaska, Idaho, Montana, Oregon, and Washington, consisting of nine judges, and holding regular sessions in Portland and Seattle.

 
HR 4900 IH
101st CONGRESS
2d Session
 H. R. 4900
To amend 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
May 23, 1990
Mr. MORRISON of Washington (for himself, Mr. YOUNG of Alaska, Mr. CRAIG,
Mr. STALLINGS, Mr. MARLENEE, Mr. ROBERT F. SMITH, and Mr. CHANDLER) introduced
the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend 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,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Ninth Circuit Court of Appeals Reorganization
  Act of 1990'.
SEC. 2. DIVISION OF NINTH JUDICIAL CIRCUIT.
  Section 41 of title 28, United States Code, is amended--
  (1) in the text 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, Hawaii, Guam, Northern Mariana Islands.';
and
  (B) by inserting after the item relating to the eleventh circuit the
  following new item:
`Twelfth
Alaska, Idaho, Montana, Oregon, Washington.'.
SEC. 3. APPOINTMENT OF JUDGES.
  The table contained 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
--19';
and
  (2) by inserting after the item relating to the eleventh circuit the
  following new item:
`Twelfth
--9'.
SEC. 4. PLACES FOR HOLDING COURT.
  The table contained 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 after the item relating to the eleventh circuit the
  following new item:
`Twelfth
Portland, Seattle.'.
SEC. 5. ALLOCATION OF INCUMBENT JUDGES.
  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, Nevada, Hawaii, Guam, or the Northern
  Mariana Islands is assigned as a circuit judge of the new ninth circuit
  as of such effective date; and
  (2) is in Alaska, Idaho, Montana, Oregon, Washington, is assigned as a
  circuit judge of the twelfth circuit as of such effective date.
SEC. 6. ASSIGNMENT OF SENIOR JUDGES.
  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 on or after
  such date 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.
SEC. 7. SENIORITY OF JUDGES.
  The seniority of each judge--
  (1) who is assigned under section 5; or
  (2) who elects to be assigned under section 6;
shall run from the date of commission of such judge as a judge of the former
ninth circuit.
SEC. 8. TREATMENT OF PENDING CASES.
  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
  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 it would have gone had this Act been in full force and
  effect at the time such 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 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 if 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 if this Act had not been enacted.
SEC. 9. DEFINITIONS.
  As used in sections 5, 6, 7, and 8, 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) the term `new ninth circuit' means the ninth judicial circuit of the
  United States established by the amendment made by section 2(2) of this
  Act; and
  (3) the term `twelfth circuit' means the twelfth judicial circuit of the
  United States established by the amendment made by section 2(3) of this Act.
SEC. 10. ADMINISTRATIVE ACTIONS OF FORMER NINTH CIRCUIT.
  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. Such court shall cease to exist for
  such administrative purposes on July 1, 1991.
SEC. 11. EFFECTIVE DATE.
  This Act and the amendments made by this Act shall take effect on October
  1, 1990.