119-s2360

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2360 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2360

 To amend title 28, United States Code, to provide for the appointment 
 of additional Federal circuit judges, to divide the Ninth Judicial 
Circuit of the United States into two judicial circuits, and for other 
 purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 July 21, 2025

 Mr. Crapo (for himself and Mr. Risch) introduced the following bill; 
 which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To amend title 28, United States Code, to provide for the appointment 
 of additional Federal circuit judges, to divide the Ninth Judicial 
Circuit of the United States into two judicial 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 ``Judicial Reorganization Act of 
2025''.

SEC. 2. DEFINITIONS.

 In this Act--

    (1) 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 Act;

    (2) the term ``new Ninth Circuit'' means the ninth judicial 
 circuit of the United States established by the amendment made 
 by 

section 3

    (2)
        (A) ; and

    (3) the term ``Twelfth Circuit'' means the twelfth judicial 
 circuit of the United States established by the amendment made 
 by 

section 3

    (2)
        (B) .

SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS.

 

Section 41 of title 28, United States Code, is amended--

    (1) in the matter preceding 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.................................. California, Guam, Hawaii.'';

 and
        (B) by inserting after the item relating to the 
 Eleventh Circuit the following:

``Twelfth................................ Alaska, Arizona, Idaho,
 Montana, Nevada, Oregon,
 Washington.''.

SEC. 4. JUDGESHIPS.

    (a) New Judgeships.--

    (1) For former ninth circuit.--The President shall appoint, 
 by and with the advice and consent of the Senate--
        (A) 1 additional circuit court judge for the former 
 Ninth Circuit, whose official duty station shall be in 
 California, Guam, or Hawaii; and
        (B) 1 additional circuit court judge for the former 
 Ninth Circuit, whose official duty station shall be in 
 Alaska, Arizona, Idaho, Montana, Nevada, Oregon, or 
 Washington.

    (b) Effective Date.--This section shall take effect on the date of 
the enactment of this Act.

SEC. 5. NUMBER OF CIRCUIT 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.................................................... 18'';

 and

    (2) by inserting after the item relating to the Eleventh 
 Circuit the following:

``Twelfth.................................................. 13''.

SEC. 6. PLACES OF CIRCUIT 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.................................. Honolulu, San Francisco,
 Pasadena.'';

 and

    (2) by inserting after the item relating to the Eleventh 
 Circuit the following:

``Twelfth................................ Phoenix, Seattle,
 Portland.''.

SEC. 7. ASSIGNMENT OF CIRCUIT JUDGES.

    (a) 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--

    (1) is in California, Guam, or Hawaii shall be a circuit 
 judge of the new Ninth Circuit as of such effective date; and

    (2) is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, 
 or Washington shall be a circuit judge of the Twelfth Circuit 
 as of such effective date.

SEC. 8. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.

 Each judge who is a senior circuit judge of the former Ninth 
Circuit on the day before the effective date of this Act may elect to 
be assigned to the new Ninth Circuit or to the Twelfth Circuit as of 
such effective date, and shall notify the Director of the 
Administrative Office of the United States Courts of such election.

SEC. 9. SENIORITY OF JUDGES.

 The seniority of each judge--

    (1) who is assigned under 

section 7, or

    (2) who elects to be assigned under 

section 8,
shall run from the date of commission of such judge as a judge of the 
former Ninth Circuit.

SEC. 10. APPLICATION TO CASES.

 The following 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 the 
 matter would have been submitted 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 such effective date as provided in paragraph

    (1) , 
 shall be treated in the same manner and with the same effect as 
 though 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 though this Act had not been enacted.

SEC. 11. ADMINISTRATION.

 The United States 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 Act. Such court shall cease to exist for 
administrative purposes upon the expiration of the 2-year period 
beginning on the effective date of this Act.

SEC. 12. EFFECTIVE DATE.

 Except as provided in 

section 4

    (b) , this Act and the amendments 
made by this Act shall take effect on the date that is 1 year after the 
date of enactment of this Act.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

 There are authorized to be appropriated such sums as may be 
necessary to carry out this Act, including funds for additional court 
facilities.
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