Judicial Efficiency Improvement Act

Summary#

This bill would split the current Ninth Circuit into two separate circuits. The bill calls the existing circuit the "former ninth circuit," creates a "new ninth circuit," and creates a new "twelfth circuit." It moves Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington into the Twelfth Circuit. California, Guam, Hawaii, and the Northern Mariana Islands remain in the New Ninth Circuit.

The bill adds 2 new circuit judge positions for the new Ninth Circuit, with official duty stations in California. It sets the number of circuit judges for each circuit and names official court locations: the new Ninth Circuit would hold court in Honolulu, Pasadena, and San Francisco; the Twelfth Circuit would hold court in Las Vegas, Phoenix, Portland, and Seattle. The Twelfth Circuit’s executive offices and clerk would be located in Seattle.

The bill assigns current active circuit judges to one of the two circuits based on their official duty station the day before the law takes effect. Senior judges may choose which of the two circuits they will be assigned to. Seniority for assigned judges continues to run from their original commission date.

The bill describes how pending appeals and proceedings are handled if they were already filed with the former Ninth Circuit when the law takes effect. It allows temporary assignments of circuit and district judges between the Ninth and Twelfth Circuits when needed.

The bill creates many additional district judge positions across many districts on a schedule from 2025 through 2035. Some district judgeships are temporary in Oklahoma and include rules about not filling the first vacancy after certain periods. The bill updates the statutory tables that list the number of district and circuit judges.

The bill authorizes specific annual funding amounts to carry out the judge increases for fiscal years listed, allows for inflation adjustments to those amounts, and authorizes additional sums as necessary for court facilities and other implementation costs. It also allows the current Ninth Circuit to take administrative steps to carry out the transition and says the prior administrative structure ceases after two years. Most provisions take effect one year after enactment, but some (including the two new circuit judges and some 2025 district judgeships) take effect on the date of enactment or on specified later dates.

What it means for you#

• If you are a litigant or lawyer in the affected states or territories, appeals that would once go to the single Ninth Circuit will go to one of two circuits after the change. Which circuit hears a case depends on the location rules in the bill.
• Current active circuit judges are reassigned based on their official duty station the day before the law takes effect. Senior judges can choose which circuit to join.
• Court locations for appeals will include new or different cities listed in the bill. The Twelfth Circuit’s office will be in Seattle.
• New district judge positions will be added over time in many districts from 2025 through 2035. Some new district judgeships take effect immediately on enactment; others take effect on specific future dates.
• Temporary district and circuit judge assignments between the two circuits are allowed when needed.

Expenses#

• The bill authorizes these specific amounts to carry out section 14 and its amendments: 2025 and 2026: $12,965,330 each year; 2027 and 2028: $23,152,375 each year; 2029 and 2030: $32,413,325 each year; 2031 and 2032: $42,600,370 each year; 2033 and 2034: $51,861,320 each year; 2035 and each fiscal year thereafter: $61,122,270 each year. These amounts are subject to an annual Consumer Price Index inflation adjustment as described in the bill.
• The bill also states "there are authorized to be appropriated such sums as may be necessary" to carry out the Act, including for additional court facilities.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.