U.S. House of Representatives

Committee on the Judiciary

F. James Sensenbrenner, Jr., Chairman

_______________________________________

www.house.gov/judiciary                                              

 

News Advisory

For immediate release                                                                                                   Contact: Jeff Lungren/Terry Shawn

October 5, 2004                                                                                                          202-225-2492

 

House Passes Legislation Splitting 9th Circuit Court of Appeals

                                                                                               

WASHINGTON, D.C. - The House today passed by voice vote legislation (S. 878) that includes a provision splitting the Ninth Circuit Court of Appeals.  A vote to split the Ninth Circuit passed as an amendment by a 205-to-194 margin. 

 

By far the largest circuit, the Ninth Circuit currently represents 56 million people, roughly one-fifth of the nation's population, and has 48 judges to serve an area that encompasses nearly 40 percent of the geographic area of the United States.  This overburdened circuit also has the most numbers of appeals filed, the highest percentage increase in appeals filed, the most number of appeals still pending, and the longest median time until disposition.

 

The legislation would create a new Ninth Circuit consisting of California, Guam, Hawaii, and the Northern Marianas Islands; a new Twelfth Circuit consisting of Arizona, Nevada, Idaho, and Montana; and a new Thirteenth Circuit, consisting of Alaska, Oregon, and Washington.

 

House Judiciary Committee Chairman F. James Sensenbrenner, Jr. (R-Wis.), stated, "The Ninth Circuit has become so big -  in geographic size, in workload, and in the number of its active and senior judges -  that it can no longer appropriately discharge its civic functions on behalf of the American people.  Given the problems created by its sheer size, I believe that we have no choice but to split the Ninth Circuit three ways.  This legislation also adds new judges to the Ninth Circuit to ensure that future caseload demands made on the new Ninth will more closely mirror its judgeship resources.  These additional judgeships are inextricably linked with splitting the Ninth Circuit and they will only move legislatively as one administrative restructuring package."

 

S. 878 now goes back to the Senate for consideration.