H.R. 634 — Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2025

This section defines, for purposes of the Act, three terms: (1) “former ninth circuit” as the Ninth Judicial Circuit as in existence on the day before the effective date of the Act; (2) “new ninth circuit” as the Ninth Judicial Circuit established by the amendment made by section 3(2)(A); and (3) “twelfth circuit” as the Twelfth Judicial Circuit established by the amendment made by section 3(2)(B).

This section increases the number of U.S. judicial circuits from 13 to 14 by (1) revising the Ninth Circuit to include only California, Guam, Hawaii, and the Northern Mariana Islands; and (2) establishing a new Twelfth Circuit comprising Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington. (The U.S. Courts of Appeals are organized into regional circuits that hear appeals from federal district courts.)

This section authorizes the President to appoint, by and with the advice and consent of the Senate, (1) two additional permanent circuit judges for the former Ninth Circuit with official duty stations in Arizona, California, or Nevada; (2) three circuit judges for the new Ninth Circuit, not appointable before January 21, 2025; and (3) two temporary additional circuit judges for the former Ninth Circuit with official duty stations in Arizona, California, or Nevada, with the first two vacancies occurring on the new Ninth Circuit 10 or more years after both temporary judgeships are first filled not to be filled.

This section decreases the number of authorized circuit judgeships for the Ninth Circuit to 25 (from 29) and establishes the Twelfth Circuit with 9 judgeships by amending the table in 28 U.S.C. §44(a).

This section amends the table of places where U.S. Courts of Appeals hold regular sessions (28 U.S.C. §48(a)) by (1) revising the places for the Ninth Circuit to Honolulu, San Francisco, and Pasadena; and (2) adding after the Eleventh Circuit places for a new Twelfth Circuit in Phoenix and Seattle.

This section assigns circuit judges of the former ninth circuit in regular active service, based on official duty station the day before the effective date, to the new ninth circuit if in California, Guam, Hawaii, or the Northern Mariana Islands or to the twelfth circuit if in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, or Washington. If such assignment would result in either circuit exceeding its authorized number of judges, the least senior judges in excess are assigned to the other circuit.

This section allows each senior circuit judge of the former ninth circuit, as of the day before this Act's effective date, to elect assignment to either the new ninth circuit or the new twelfth circuit and to notify the Director of the Administrative Office of the United States Courts of such election.

This section establishes the seniority date for judges (1) assigned under section 7 or (2) electing assignment under section 8 as the date of their commission as a judge of the former ninth circuit.

This section establishes transition rules for appeals and other proceedings filed in the former Ninth Circuit before the effective date of this Act. Specifically, it (1) directs that matters submitted for decision proceed in the former Ninth Circuit as if the Act had not been enacted; (2) requires transfer of unsubmitted matters, along with records, to the court that would have had jurisdiction had the Act been in effect when filed, with proceedings continuing as if originally filed there; and (3) treats petitions for rehearing or rehearing en banc as if the Act had not been enacted, with any en banc rehearing conducted by a panel comprised as though the Act had not been enacted.

This section authorizes reciprocal temporary assignments of circuit judges between the ninth and twelfth circuits. Specifically, (1) the chief judge of the ninth circuit may, in the public interest and upon request by the chief judge of the twelfth circuit, designate and assign temporarily any ninth circuit judge to act as a circuit judge in the twelfth circuit; and (2) the chief judge of the twelfth circuit may, in the public interest and upon request by the chief judge of the ninth circuit, designate and assign temporarily any twelfth circuit judge to act as a circuit judge in the ninth circuit. (Thus, this supplements the Chief Justice's existing authority under 28 U.S.C. §291(a) to assign circuit judges between circuits.)

This section establishes reciprocal authority for the chief judges of the Ninth and Twelfth Circuits, upon mutual request and in the public interest, to temporarily assign district judges between the circuits to sit on the other circuit's court of appeals or hold district court in the other circuit. Such appellate assignments must conform to the rules or orders of the receiving circuit's court of appeals.

This section authorizes the judicial councils of any two contiguous judicial circuits to jointly carry out administrative functions and activities that those councils determine would benefit from coordination or consolidation. (As background, each circuit's judicial council—chaired by the circuit's chief judge and consisting of equal numbers of circuit and district judges—oversees the effective and expeditious administration of justice within the circuit.)

This section authorizes the United States Court of Appeals for the Ninth Circuit, as constituted on the day before the effective date of the Act, to carry out administrative actions required to implement the Act and its amendments. Such court ceases to exist for administrative purposes upon the expiration of the two-year period beginning on the effective date of the Act.

This section establishes the effective date of the Act and its amendments—except as provided in section 4(c)—as the first day of the first fiscal year beginning after the expiration of a nine-month period that starts on the date when five judges authorized for appointment under section 4 have been confirmed by the Senate.