Previous Story
Creation of new judicial circuits sought
|
Posted on Mar 27 2005
A bill has been introduced at the U.S. Congress to reorganize the 9th judicial circuit by dividing it into three separate circuits that will result in the creation of a 12th and 13th circuits.
As proposed in House Resolution 211, also known as the proposed Ninth Circuit Judgeship and Reorganization Act of 2005, the Northern Marianas will remain under the jurisdiction of the new 9th circuit if the measure passes into law.
The measure also proposes that California, Guam, and Hawaii be included in the new 9th circuit’s jurisdiction.
Although the present 9th circuit has lost appellate jurisdiction on cases that underwent determination by the CNMI Supreme Court, it retains jurisdiction on cases that stem from Saipan’s federal court.
Under the bill, the present ninth circuit shall cease to exist for administrative purposes two years after the measure’s enactment into law. It also seeks to authorize the temporary assignment of circuit and district judges of the present 9th circuit in the new circuits.
Introduced by House Rep. Michael K. Simpson, the measure wants to create a 12th and 13th circuits that will have appellate jurisdiction on other states that are currently within the province of the present 9th circuit.
Arizona, Nevada, Idaho and Montana will devolve to the 12th circuit’s jurisdiction, while that of the thirteenth circuit will encompass Alaska, Oregon and Washington State.
Senior judges of the present ninth circuit may elect their assignment to any of the three new circuits under the bill. It also seeks to mandate the U.S. President to appoint five additional judges for the new 9th circuit and two temporary judges for the former ninth circuit.
If the bill becomes law, disposition of cases pending in the former ninth circuit before the enactment shall continue if proceedings have been submitted for decision. Proceedings that have not been submitted for disposition before the enactment of the bill into law will be transferred to the appropriate jurisdiction created by the measure.
The measure has been referred to the House subcommittee on courts, the Internet, and intellectual property.
