A bill to provide for the reorganization of the Ninth Circuit Court of Appeals, and for other purposes.
Federal Ninth Circuit Reorganization Act of 1999 - Organizes the United States Court of Appeals for the Ninth Circuit into three regional divisions, designated as the Northern, Middle, and Southern Divisions, and a nonregional Circuit Division. Makes provisions of the Federal judicial code regarding circuits in which decisions are reviewable inapplicable to the Ninth Circuit, with such review instead governed by this Act.
Directs that appeals from: (1) the districts of Alaska, Idaho, Montana, Oregon, Eastern Washington, and Western Washington be taken to the Northern Division; (2) the districts of Eastern California, Northern California, Guam, Hawaii, Nevada, and the Northern Mariana Islands be taken to the Middle Division; (3) the districts of Arizona, Central California, and Southern California be taken to the Southern Division; and (4) the Tax Court, petitions to enforce the orders of administrative agencies, and specified other proceedings be filed in the court of appeals and assigned to the division that would have jurisdiction if the division were a separate court of appeals.
Allows judges to be assigned: (1) to serve for specified, staggered terms of three years or more in a division in which they do not reside; and (2) at random, by means determined by the court, in such numbers as necessary to enable the divisions to function effectively.
Directs the Ninth Circuit to establish a Circuit Division which shall have jurisdiction to review, and to affirm, reverse, or modify, any final decision rendered in any of the court's divisions that conflicts on an issue of law with a decision in another division of the court.
Requires: (1) the Federal Judicial Center to study the effectiveness and efficiency of the Ninth Circuit divisions, and report to the Judicial Conference of the United States; and (2) the Judicial Conference to submit recommendations to the Congress.
(Sec. 2) Rewrites provisions regarding the assignment of judges to direct a court of appeals or any regional division thereof to consider and decide cases and controversies through three judge panels, at least two of whom shall be judges of the court, with exceptions. Directs the United States Court of Appeals for the Federal Circuit to determine a procedure for the rotation of judges.
(Sec. 3) Amends the judicial code to authorize the judicial council of each circuit to establish a district court appellate panel service. Directs the judicial council to specify the categories or types of cases over which such panels shall have appellate jurisdiction.
Directs the Federal Judicial Center to monitor the implementation under this section and to report to the Judicial Conference.
Referred to Subcommittee on Oversight and Courts.
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
Sponsor introductory remarks on measure. (CR S742-743)
Sponsor introductory remarks on measure. (CR S2042)
Star Print ordered on the bill.
Referred to Subcommittee on Oversight and Courts.
Committee on Energy and Natural Resources Subcommittee on Administrative Oversight and the Courts. Hearings held. With printed Hearing: S.Hrg. 106-681.
checking server…
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line