Ninth Circuit Court of Appeals En Banc Procedures Act of 1999

Ninth Circuit Court of Appeals En Banc Procedures Act of 1999 - Amends the Federal judicial code to allow 40 percent or more of the circuit judges of the Ninth Circuit Court of Appeals (Court) who are in regular active service to order a hearing or rehearing before the court en banc for such circuit (currently, a majority must vote affirmatively to rehear a case en banc).

Provides that a majority of the judges shall be required to sit on a court en banc for such circuit (currently, 11 judges must sit on a court en banc).

Requires that: (1) the Court be organized into no fewer than three administrative units based on geographic regions; (2) each panel of the Court be assigned to an administrative unit; and (3) in any case or controversy heard by any panel of an administrative unit, at least one judge of that unit be assigned to that panel (currently, there is no requirement that the Court have geographical representation on its panels).

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1403 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1403

 To amend chapter 3 of title 28, United States Code, to modify en banc 
   procedures for the Ninth Circuit Court of Appeals, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 1999

Mrs. Feinstein (for herself, Mr. Reid, Mrs. Boxer, Mr. Bryan, and Mrs. 
    Murray) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend chapter 3 of title 28, United States Code, to modify en banc 
   procedures for the Ninth Circuit Court of Appeals, 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 En 
Banc Procedures Act of 1999''.

SEC. 2. NINTH CIRCUIT EN BANC PROCEDURES.

    (a) In General.--Section 46 of title 28, United States Code, is 
amended--
            (1) in subsection (d)--
                    (A) by striking ``paragraph (c)'' and inserting 
                ``subsection (c) or (d)''; and
                    (B) by redesignating subsection (d) as subsection 
                (e); and
            (2) by inserting after subsection (c) the following:
    ``(d)(1) Notwithstanding the first sentence of subsection (c), 40 
percent or more of the circuit judges of the Ninth Circuit Court of 
Appeals who are in regular active service may order a hearing or 
rehearing before the court en banc for such circuit.
    ``(2) Notwithstanding the second sentence of subsection (c) or 
section 6 of the Act entitled ``An Act to provide for the appointment 
of additional district and circuit judges, and for other purposes'', 
approved October 20, 1978 (28 U.S.C. 41 note; Public Law 95-486; 92 
Stat. 1633) a majority of the circuit judges of the Ninth Circuit Court 
of Appeals who are in regular active service shall be required to sit 
on a court en banc for such circuit.
    ``(3) The Ninth Circuit Court of Appeals shall be organized in no 
less than 3 administrative units based on geographic regions. Each 
panel of the Ninth Circuit Court of Appeals shall be assigned to an 
administrative unit. In any case or controversy heard by any panel of 
an administrative unit of the Ninth Circuit Court of Appeals, at least 
1 judge of that administrative unit shall be assigned to that panel.''.
    (b) Technical and Conforming Amendment.--Section 6 of the Act 
entitled ``An Act to provide for the appointment of additional district 
and circuit judges, and for other purposes'', approved October 20, 1978 
(28 U.S.C. 41 note; Public Law 95-486; 92 Stat. 1933) is amended by 
striking ``Any court of appeals'' and inserting ``Subject to section 
46(d)(2) of title 28, United States Code, any court of appeals''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect 60 days after the 
date of enactment of this Act.
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