Directs the President to appoint additional Federal district court judges for Alabama (two), Arizona (three), California (seven), Florida (six), Idaho (one), Missouri (one), Nebraska (one), New Mexico (two), New York (three), Oregon (one), South Carolina (one), Virginia (two), Utah (one), and Washington (one). Specifies the timing of such appointments.
Converts temporary judgeships to permanent judgeships for the eastern district of California, the district of Hawaii, the district of Kansas, and the eastern district of Missouri.
Requires the President to appoint temporary district judges for California (six), Colorado (one), Florida (one), Illinois (one), Indiana (two), Iowa (one), New Mexico (one), and New York (two). Specifies the timing of such appointments.
Directs the President to appoint additional Federal circuit court judges for the First Circuit (one), Second Circuit (two), Sixth Circuit (one), and Ninth Circuit (five).
Requires the President to appoint two temporary circuit court judges for the Ninth Circuit.
Ninth Circuit Judgeship and Reorganization Act of 2004 - Amends the Federal judicial code to divide the Ninth Judicial Circuit into the Ninth Circuit (to be composed of California, Guam, Hawaii, and the Northern Mariana Islands), the Twelfth Circuit (to be composed of Arizona, Nevada, Idaho, and Montana), and Thirteenth Circuit (to be composed of Alaska, Oregon, and Washington State).
Requires the President to appoint, with the advise and consent of the Senate, five additional circuit judges for the new Ninth Circuit (not before January 21, 2005) and two temporary judges for the former Ninth Circuit.
Specifies the locations where the new circuits are to hold regular sessions.
Assigns active circuit judges of the former Ninth Circuit to the new circuits based on their current duty station. Allows senior circuit judges of the former Ninth Circuit to elect assignment to any of the three new circuits.
Specifies the disposition of cases pending in the former Ninth Circuit before the effective date of this Act as follows: (1) proceedings in matters that have been submitted for decision shall continue without regard to this Act; (2) matters not yet submitted for decision must be transferred to the court to which they would have been submitted under this Act; and (3) proceedings on petitions for rehearing or rehearing en banc that have been submitted or decided shall continue without regard to this Act.
Authorizes the temporary assignment of the circuit and district judges of the former Ninth Circuit among the new circuits. Authorizes administrative coordination among any two contiguous circuits among the new circuits.
Directs that the former Ninth Circuit shall cease to exist for administrative purposes two years after enactment of this Act.
Motion to reconsider laid on the table Agreed to without objection.
Rule H. Res. 814 passed House.
Considered under the provisions of rule H. Res. 814. (consideration: CR H8048-8063; text of measure as reported in House: CR H8051-8052)
Rule provides for consideration of S. 878 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 814 and Rule XVIII.
The Speaker designated the Honorable Ray LaHood to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on S. 878.
DEBATE - Pursuant to the provisions of H. Res. 814 the Committee of the Whole proceeded with ten minutes of debate on the Sensenbrenner amendment.
DEBATE - Pursuant to the provisions of H. Res. 814 the Committee of the Whole proceeded with forty minutes of debate on the Simpson amendment.
The House rose from the Committee of the Whole House on the state of the Union to report S. 878.
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The previous question was ordered pursuant to the rule. (consideration: CR H8061)
The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.
Mr. Berman moved to recommit with instructions to Judiciary. (consideration: CR H8061-8063; text: CR H8061)
Floor summary: DEBATE - The House proceeded with ten minutes of debate on the motion to recommit with instructions.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H8062)
On motion to recommit with instructions Failed by recorded vote: 190 - 216 (Roll no. 493).
Roll Call #493 (House)Passed/agreed to in House: On passage Passed by voice vote.
On passage Passed by voice vote.
Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Message on House action received in Senate and at desk: House amendments to Senate bill.