H.R. 101 — Judicial Administration and Improvement Act of 2025

This section establishes the short title of the Act as the “Judicial Administration and Improvement Act of 2025.”

This section defines three terms for purposes of the Act: “former ninth circuit” means the Ninth Judicial Circuit of the United States as it existed on the day before the Act’s effective date, “new ninth circuit” means the Ninth Judicial Circuit established by section 3, and “twelfth circuit” means the Twelfth Judicial Circuit established by section 3.

This section revises the number and composition of the United States judicial circuits under 28 U.S.C. § 41 by changing the total from 13 to 14 circuits and by redrawing circuit assignments. It replaces the Ninth Circuit’s current membership with California, Hawaii, Oregon, Washington, Guam, and the Northern Mariana Islands, and adds a new Twelfth Circuit consisting of Alaska, Arizona, Idaho, Montana, and Nevada. (Thus, the provision shifts those five States from the Ninth Circuit to a newly created circuit.)

This section increases the number of authorized judges on the United States Court of Appeals for the Ninth Circuit to 21 (from 29? Wait) and establishes 8 authorized judges for a new Twelfth Circuit.

This section revises the places of circuit court by adding a Twelfth Circuit with court locations in Las Vegas, Phoenix, Anchorage, and Missoula to the table in 28 U.S.C. § 48(a).

This section reassigns circuit judges of the former Ninth Circuit to the new Ninth Circuit or the Twelfth Circuit based on their official duty station on the day before the Act’s effective date. Judges stationed in California, Oregon, Washington, Guam, Hawaii, or the Northern Mariana Islands are assigned to the new Ninth Circuit, while judges stationed in Alaska, Arizona, Idaho, Montana, or Nevada are assigned to the Twelfth Circuit unless they elect to remain permanently assigned to the new Ninth Circuit by notifying the Director of the Administrative Office of the United States Courts. It also directs the President to appoint 1 additional circuit judge for the Twelfth Circuit, with Senate confirmation, each time a judge from Alaska, Arizona, Idaho, Montana, or Nevada leaves office, regardless of whether that judge elected to remain in the new Ninth Circuit.

This section establishes an election process for senior circuit judges of the former Ninth Circuit whose official duty station on the day before the Act’s effective date is in Alaska, Arizona, Idaho, Montana, or Nevada, allowing each judge to choose assignment to either the new Ninth Circuit or the Twelfth Circuit as of the effective date and requiring notice of that choice to the Director of the Administrative Office of the United States Courts.

This section establishes 1 additional temporary circuit judgeship for the Twelfth Circuit for each circuit judge in regular active service who elects to be assigned to the new Ninth Circuit under section 6(b), with the new judge required to reside in the duty station of the judge making the election as of the day before the Act’s effective date. It also directs that, for each such appointment, an equal number of existing Twelfth Circuit circuit judge vacancies shall not be filled. (Thus, the total number of authorized Twelfth Circuit judgeships is not increased permanently; the provision reallocates judicial capacity to account for judges moving to the new Ninth Circuit.)

This section revises the seniority rules for judges assigned to the new twelfth circuit and the new ninth circuit by providing that the seniority of judges who elect assignment under section 6(b) or section 7 runs from the date of their commission as judges of the former ninth circuit, while the seniority of judges appointed under section 8(a) as temporary twelfth circuit judges runs from the date of their commission as judges of the twelfth circuit.

This section establishes transition rules for cases pending before the former Ninth Circuit on the day before the Act’s effective date. It provides that, if a matter had already been submitted for decision, further proceedings must continue in the same manner and with the same effect as if the Act had not been enacted; if a matter had not yet been submitted for decision, the appeal or proceeding and the certified record must be transferred to the court that would have heard the case had the Act been in effect when the appeal or proceeding was filed, and the case must proceed as if originally filed there. It also directs that any petition for rehearing en banc pending on or after the effective date be considered by the court of appeals that would have received the appeal or proceeding had the Act been in force when the case was filed.

This section provides that the U.S. Court of Appeals for the Ninth Circuit, as constituted on the day before the effective date of this Act, may take any administrative action needed to carry out this Act and its amendments. It also terminates that court for administrative purposes 2 years after the effective date of this Act.

This section delays the effective date of this Act and the amendments made by this Act until 1 year after the date of enactment. (Thus, the Act’s provisions would not apply until 12 months after enactment.)

This section authorizes such sums as may be necessary to carry out this Act and the amendments made by this Act, including such sums as may be necessary to provide appropriate space and facilities for any judicial positions created by this Act or an amendment made by this Act.