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Introduced on January 3, 2025 by Andrew S. Biggs
This bill splits the large western federal appeals court into two courts. One keeps the name Ninth Circuit and covers California, Oregon, Washington, Hawaii, Guam, and the Northern Mariana Islands. The new Twelfth Circuit covers Alaska, Arizona, Idaho, Montana, and Nevada. This changes where many appeals from these places are heard.
Judges based in California, Oregon, Washington, Hawaii, Guam, and the Northern Mariana Islands stay with the Ninth Circuit. Judges based in Alaska, Arizona, Idaho, Montana, or Nevada move to the new Twelfth Circuit, though some may choose to stay with the Ninth. If some do stay, extra temporary judges may be appointed to the Twelfth so it has enough judges. Senior judges from the affected states can choose which of the two new circuits to serve.
Cases already fully submitted for a decision keep going as before. Cases not yet submitted move to the correct new court, and requests for a new hearing by the full court will be handled by the right court as well. The changes start one year after the bill becomes law. For two years after that start date, the old Ninth Circuit structure may handle transition tasks. Money can be used to set up any needed space and positions.
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