A bill to authorize an additional permanent judgeship in the District of Idaho, and for other purposes.
Latest action · Oct 6, 2004 Message on House action received in Senate and at desk: House amendments to Senate bill.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedApr 10, 2003
- Passed SenateMay 22, 2003
- Passed HouseOct 5, 2004
- To the PresidentNot reached
- Became lawNot reached
Summary
Directs the President to appoint additional Federal district court judges for Alabama (two), Arizona (three), California (seven), Florida (six), Idaho (one), Missouri (one), Nebraska (one), New Mexico (two), New York (three), Oregon (one), South Carolina (one), Virginia (two), Utah (one), and Washington (one). Specifies the timing of such appointments.
Converts temporary judgeships to permanent judgeships for the eastern district of California, the district of Hawaii, the district of Kansas, and the eastern district of Missouri.
Requires the President to appoint temporary district judges for California (six), Colorado (one), Florida (one), Illinois (one), Indiana (two), Iowa (one), New Mexico (one), and New York (two). Specifies the timing of such appointments.
Directs the President to appoint additional Federal circuit court judges for the First Circuit (one), Second Circuit (two), Sixth Circuit (one), and Ninth Circuit (five).
Requires the President to appoint two temporary circuit court judges for the Ninth Circuit.
Ninth Circuit Judgeship and Reorganization Act of 2004 - Amends the Federal judicial code to divide the Ninth Judicial Circuit into the Ninth Circuit (to be composed of California, Guam, Hawaii, and the Northern Mariana Islands), the Twelfth Circuit (to be composed of Arizona, Nevada, Idaho, and Montana), and Thirteenth Circuit (to be composed of Alaska, Oregon, and Washington State).
Requires the President to appoint, with the advise and consent of the Senate, five additional circuit judges for the new Ninth Circuit (not before January 21, 2005) and two temporary judges for the former Ninth Circuit.
Specifies the locations where the new circuits are to hold regular sessions.
Assigns active circuit judges of the former Ninth Circuit to the new circuits based on their current duty station. Allows senior circuit judges of the former Ninth Circuit to elect assignment to any of the three new circuits.
Specifies the disposition of cases pending in the former Ninth Circuit before the effective date of this Act as follows: (1) proceedings in matters that have been submitted for decision shall continue without regard to this Act; (2) matters not yet submitted for decision must be transferred to the court to which they would have been submitted under this Act; and (3) proceedings on petitions for rehearing or rehearing en banc that have been submitted or decided shall continue without regard to this Act.
Authorizes the temporary assignment of the circuit and district judges of the former Ninth Circuit among the new circuits. Authorizes administrative coordination among any two contiguous circuits among the new circuits.
Directs that the former Ninth Circuit shall cease to exist for administrative purposes two years after enactment of this Act.
Recorded votes 2
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 493 | On Motion to Recommit with Instructions | Failed190–216 | Oct 5, 2004 |
| House 492 | On Agreeing to the Amendment | Agreed to205–194 | Oct 5, 2004 |
Cosponsors 4
Members who signed on, in the order they did. Signatures ran from Apr 10, 2003 to May 22, 2003; 1 is an original cosponsor, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-ID | Mike Crapo | Original | Apr 10, 2003 |
| R-NE | Chuck Hagel | May 20, 2003 | |
| D-CA | Dianne Feinstein | May 21, 2003 | |
| D-NE | Ben Nelson | May 22, 2003 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Judiciary Committee | Referred Apr 10, 2003Markup May 15, 2003Reported May 20, 2003 |
| House | Judiciary Committee | Referred Jun 2, 2003Markup Sep 9, 2004Reported Sep 29, 2004 |
| Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee | Referred Jun 25, 2003Discharged Sep 3, 2004 |
Actions 35
Everything that happened, newest first.
- Oct 6, 2004Message on House action received in Senate and at desk: House amendments to Senate bill.
- Oct 5, 2004Rule H. Res. 814 passed House.
- Oct 5, 2004Considered under the provisions of rule H. Res. 814. (consideration: CR H8048-8063; text of measure as reported in House: CR H8051-8052)
- Oct 5, 2004Rule provides for consideration of S. 878 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
- Oct 5, 2004House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 814 and Rule XVIII.
- Oct 5, 2004The Speaker designated the Honorable Ray LaHood to act as Chairman of the Committee.
- Oct 5, 2004GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on S. 878.
- Oct 5, 2004DEBATE - Pursuant to the provisions of H. Res. 814 the Committee of the Whole proceeded with ten minutes of debate on the Sensenbrenner amendment.
- Oct 5, 2004DEBATE - Pursuant to the provisions of H. Res. 814 the Committee of the Whole proceeded with forty minutes of debate on the Simpson amendment.
- Oct 5, 2004The House rose from the Committee of the Whole House on the state of the Union to report S. 878.
- Oct 5, 2004The previous question was ordered pursuant to the rule. (consideration: CR H8061)
- Oct 5, 2004The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.
- Oct 5, 2004Mr. Berman moved to recommit with instructions to Judiciary. (consideration: CR H8061-8063; text: CR H8061)
- Oct 5, 2004Floor summary: DEBATE - The House proceeded with ten minutes of debate on the motion to recommit with instructions.
- Oct 5, 2004The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H8062)
- Oct 5, 2004On motion to recommit with instructions Failed by recorded vote: 190 - 216 (Roll no. 493).
- Oct 5, 2004Passed/agreed to in House: On passage Passed by voice vote.
- Oct 5, 2004Motion to reconsider laid on the table Agreed to without objection.
- Oct 5, 2004The title of the measure was amended. Agreed to without objection.
- Oct 4, 2004Rules Committee Resolution H. Res. 814 Reported to House. Rule provides for consideration of S. 878 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
- Sep 29, 2004Reported (Amended) by the Committee on Judiciary. H. Rept. 108-708.
- Sep 29, 2004Placed on the Union Calendar, Calendar No. 433.
- Sep 9, 2004Committee Consideration and Mark-up Session Held.
- Sep 9, 2004Ordered to be Reported (Amended) by Voice Vote.
- Sep 3, 2004Subcommittee on Courts, the Internet, and Intellectual Property Discharged.
- Jun 25, 2003Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
- Jun 2, 2003Message on Senate action sent to the House.
- Jun 2, 2003Received in the House.
- Jun 2, 2003Referred to the House Committee on the Judiciary.
- May 22, 2003Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S7065-7068; text as passed Senate: CR S7067-7068; text of measure as reported in Senate: CR S7066-7067)
- May 20, 2003Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. Without written report.
- May 20, 2003Placed on Senate Legislative Calendar under General Orders. Calendar No. 102.
- May 15, 2003Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Apr 10, 2003Introduced in Senate
- Apr 10, 2003Read twice and referred to the Committee on the Judiciary.
In the Congressional Record 3
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House · Senate | Debate and remarks H8043–H8048, H8048–H8063, S10401Text printed H8043, H8051Amendments H8051, H8052, H8053Motions H8061Recorded votes H8046, H8047, H8061, H8062Berman motion to recommit (modify procedure for recusal of judges based on conflicts of interest)consideration (H. Res. 814), previous questionSimpson amendment (divide the ninth judicial circuit into three circuits) | Adam B. Schiff D-CA, C. L. (Butch) Otter R-ID, Denny Rehberg R-MT, Dianne Feinstein D-CA, F. James Sensenbrenner, Jr. R-WI (amendment), Greg Walden R-OR, Howard L. Berman D-CA (motion), Lamar Smith R-TX, Louise McIntosh Slaughter D-NY, Lynn C. Woolsey D-CA, Mark Udall D-CO, Michael K. Simpson R-ID (amendment), Pete Sessions R-TX, Rick Renzi R-AZ, Sheila Jackson Lee D-TX, Stevan Pearce R-NM, William M. Thomas R-CA, Zoe Lofgren D-CA | Oct 5, 2004 |
| House | Debate and remarks H7938 | David Dreier R-CA | Sep 30, 2004 |
| Senate | Debate and remarks S7065, S7067Text printed S7067Amendments S7066 | William H. Frist R-TN | May 22, 2003 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimates 4
- Sep 28, 2004S. 878, An act to create additional federal court judgeships<p>Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on September 9, 2004</p>
- Sep 28, 2004S. 878, An act to create additional federal court judgeshipsCost estimate for the bill as ordered reported by the House Committee on the Judiciary on September 9, 2004
- Jun 26, 2003S. 878, An act to authorized an additional permanent judgeship in the<p>Cost estimate for the bill as passed by the Senate on May 22, 2003</p>
- Jun 26, 2003S. 878, An act to authorized an additional permanent judgeship in theCost estimate for the bill as passed by the Senate on May 22, 2003
CRS reports 2
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 2
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R48242 | Legislative Proposals to Change the Geographic Boundaries of the U.S. Court of Appeals for the Ninth Circuit: Historical Overview and Analysis | Report | Oct 24, 2024 |
| RL32309 | Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies Archived | Report | Jan 12, 2005 |
Amendments 2
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| HAmdt 779 | An amendment numbered 3 printed in House Report 108-723 to strike sections 1 through 4 and insert several new sections. | F. James Sensenbrenner, Jr. R-WI | On agreeing to the Sensenbrenner amendment (A001) Agreed to by voice vote. |
| HAmdt 780 | An amendment numbered 1 printed in House Report 108-723 to insert a new section after section 5. | Michael K. Simpson R-ID | On agreeing to the Simpson amendment (A002) Agreed to by recorded vote: 205 - 194 (Roll no. 492). |
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HRES 814 | Providing for consideration of the bill (S. 878) to authorize an additional permanent judgeship in the district of Idaho, and for other purposes. | Procedurally related | Oct 5, 2004 |
Titles 5
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- A bill to authorize an additional permanent judgeship in the District of Idaho, and for other purposes.
- Official Titles as Amended by House
- To create additional Federal court judgeships.
- Short Titles as Reported to Senate for portions of this bill
- Bankruptcy Judgeship Act of 2003
- Short Titles as Passed House for portions of this bill
- Ninth Circuit Judgeship and Reorganization Act of 2004
- Short Titles as Passed Senate for portions of this bill
- Bankruptcy Judgeship Act of 2003
Subjects
Assigned by the Library of Congress. Policy area: Law.
- Advice and consent of the Senate
- Alabama
- Alaska
- Appellate courts
- Arizona
- Arkansas
- Bankruptcy courts
- California
- Colorado
- Congress
- Delaware
- District courts
- Finance and Financial Sector
- Florida
- Georgia
- Government Operations and Politics
- Guam
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Judges
- Judicial districts
- Kansas
- Law
- Maryland
- Michigan
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Jersey
- New Mexico
- New York State
- North Carolina
- Northern Mariana Islands
- Oregon
- Pennsylvania
- Presidential appointments
- Puerto Rico
- South Carolina
- Tennessee
- Utah
- Virginia
- Washington State
Text 6
Each version as it was printed, newest first.
- Oct 5, 2004Engrossed Amendment House
- Sep 29, 2004Reported in House
- Jun 2, 2003Referred in House
- May 22, 2003Engrossed in Senate
- May 20, 2003Reported to Senate
- Apr 10, 2003Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.