While I know it is a useless gesture, sending the following proposed legislation to My Senators and Representative, plus the Chairman/Ranking member of the Judiciary Committee of each house.
It does the following:
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Creates all 70 of the new Judgeships requested by the Judicial Conference of the United States in their official proceedings this week.
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The Judicial Conference requested 8 of the 10 current temporary judgeships be made permanent. My proposed legislation makes all 10 permanent. (The two temporary judgeships they didn’t request were the Northern District of Alabama and the District of Hawaii.)
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It eliminates the last four obsolete multi-district judgeships, 1 in Kentucky, 2 in Missouri and 1 in Oklahoma, assigning each of those judgeships to serve a single district only.
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The new judgeships do not become effective until noon on January 20, 2021, meaning that the President elected in 2020 will be solely responsible for appointing those new Judgeships. Could be Trump, Pence, Sanders, Clinton, Harris, etc., etc., etc. Additionally, control of the Senate will be in realistic jeopardy in the 2020 elections. This provision is intended to alleviate any concerns of court packing.
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Finally, it authorizes all necessary appropriations required for the new judgeships, though the actual appropriations would be done separately under the normal appropriations process.
A Bill
To provide for the appointment of additional Federal circuit and district judges, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.
SEC. 101. SHORT TITLE.
This act may be cited as the "Federal Judgeship Act of 2019".
SEC. 102. CIRCUIT JUDGES FOR THE CIRCUIT COURT OF APPEALS.
(a) IN GENERAL.—The President shall appoint, by and with the advice and consent of the Senate—
(1) 5 additional circuit judges for the ninth circuit court of appeals.
(b) TABLES.—In order that the table contained in section 44(a) of title 28, United States Code, will, with respect to each judicial circuit, reflect the changes in the total number of permanent circuit judgeships authorized as a result of subsection (a) of this section, such table is amended to read as follows:
“ Circuits …… Number of Judges
District of Columbia …… 11
First …… 6
Second …… 13
Third …… 14
Fourth …… 15
Fifth …… 17
Sixth …… 16
Seventh …… 11
Eighth …… 11
Ninth …… 34
Tenth …… 12
Eleventh …… 12
Federal …… 12.".
(c) This section shall take effect at noon Eastern Standard Time on January 20, 2021.
SEC. 103 . DISTRICT JUDGES FOR THE DISTRICT COURTS.
(a) IN GENERAL.—The President shall appoint, by and with the advice and consent of the Senate—
(1) 4 additional district judges for the district of Arizona;
(2) 9 additional district judges for the central district of California;
(3) 5 additional district judges for the eastern district of California;
(4) 4 additional district judges for the northern district of California;
(5) 4 additional district judges for the southern district of California;
(6) 2 additional district judges for the district of Colorado;
(7) 1 additional district judge for the district of Delaware;
(8) 6 additional district judges for the middle district of Florida;
(9) 1 additional district judge for the northern district of Florida;
(10) 3 additional district judges for the southern district of Florida;
(11) 1 additional district judge for the northern district of Georgia;
(12) 1 additional district judge for the district of Idaho;
(13) 2 additional district judges for the southern district of Indiana;
(14) 1 additional district judge for the northern district of Iowa;
(15) 1 additional district judge for the district of Nevada;
(16) 4 additional district judges for the district of New Jersey;
(17) 1 additional district judge for the district of New Mexico;
(18) 2 additional district judges for the eastern district of New York;
(19) 1 additional district judge for the southern district of New York;
(20) 1 additional district judge for the western district of New York;
(21) 1 additional district judge for the district of Puerto Rico;
(22) 2 additional district judges for the eastern district of Texas;
(23) 2 additional district judges for the southern district of Texas;
(24) 6 additional district judges for the western district of Texas.
(b) EXISTING JUDGESHIPS.—(1) The existing district judgeships for the northern district of Alabama, the district of Arizona, the central district of California, the southern district of Florida, the district of Hawaii, the district of Kansas, the eastern district of Missouri, the district of New Mexico, the western district of North Carolina and the eastern district of Texas authorized by Public Law 115-31 and 128 Stat. 2351 shall be, as of the effective date of this section, authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this section.
(2)(A) The existing district judgeship for the eastern and western districts of Kentucky (provided by section 133 of title 28, United States Code, as in effect on the day before the effective date of this act) shall be a district judgeship for the eastern district of Kentucky only, and the incumbent of such judgeship shall hold the office under section 133 of title 28, United States Code, as amended by this section.
(B) The existing district judgeship for the eastern and western districts of Missouri (provided by section 133 of title 28, United States Code, as in effect on the day before the effective date of this act) and the occupant of which has his or her official duty station at St. Louis on the date of the enactment of this act, shall be a district judgeship for the eastern district of Missouri only, and the incumbent of such judgeship shall hold the office under section 133 of title 28, United States Code, as amended by this section.
(C) The existing district judgeship for the eastern and western districts of Missouri (provided by section 133 of title 28, United States Code, as in effect on the day before the effective date of this act) and the occupant of which has his or her official duty station at Kansas City on the date of the enactment of this act, shall be a district judgeship for the western district of Missouri only, and the incumbent of such judgeship shall hold the office under section 133 of title 28, United States Code, as amended by this section.
(D) The existing district judgeship for the northern, eastern, and western districts of Oklahoma (provided by section 133 of title 28, United States Code, as in effect on the day before the effective date of this act) shall be a district judgeship for the eastern district of Oklahoma only, and the incumbent of such judgeship shall hold the office under section 133 of title 28, United States Code, as amended by this section.
(c) TABLES.—In order that the table contained in section 133 of title 28, United States Code, will, with respect to each judicial district, reflect the changes in the total number of permanent district judgeships authorized as a result of subsections (a) and (b) of this section, such table is amended to read as follows:
"DISTRICTS …… JUDGES
Alabama:
Northern …… 8
Middle …… 3
Southern …… 3
Alaska …… 3
Arizona …… 17
Arkansas:
Eastern …… 5
Western …… 3
California:
Northern …… 18
Eastern …… 11
Central …… 37
Southern …… 17
Colorado …… 9
Connecticut …… 8
Delaware …… 5
District of Columbia …… 15
Florida:
Northern …… 5
Middle …… 21
Southern …… 21
Georgia:
Northern …… 12
Middle …… 4
Southern …… 3
Hawaii …… 4
Idaho …… 3
Illinois:
Northern …… 22
Central …… 4
Southern …… 4
Indiana:
Northern …… 5
Southern …… 7
Iowa:
Northern …… 3
Southern …… 3
Kansas …… 6
Kentucky:
Eastern …… 6
Western …… 4
Louisiana:
Eastern …… 12
Middle …… 3
Western …… 7
Maine …… 3
Maryland …… 10
Massachusetts …… 13
Michigan:
Eastern …… 15
Western …… 4
Minnesota …… 7
Mississippi:
Northern …… 3
Southern …… 6
Missouri:
Eastern …… 8
Western …… 6
Montana …… 3
Nebraska …… 3
Nevada …… 8
New Hampshire …… 3
New Jersey …… 21
New Mexico …… 8
New York:
Northern …… 5
Southern …… 29
Eastern …… 17
Western …… 5
North Carolina:
Eastern …… 4
Middle …… 4
Western …… 5
North Dakota …… 2
Ohio:
Northern …… 11
Southern …… 8
Oklahoma:
Northern …… 3
Eastern …… 2
Western …… 6
Oregon …… 6
Pennsylvania:
Eastern …… 22
Middle …… 6
Western …… 10
Puerto Rico …… 8
Rhode Island …… 3
South Carolina …… 10
South Dakota …… 3
Tennessee:
Eastern …… 5
Middle …… 4
Western …… 5
Texas:
Northern …… 12
Southern …… 21
Eastern ……10
Western …… 19
Utah …… 5
Vermont …… 2
Virginia:
Eastern …… 11
Western …… 4
Washington:
Eastern …… 4
Western …… 7
West Virginia:
Northern …… 3
Southern …… 5
Wisconsin:
Eastern …… 5
Western …… 2
Wyoming …… 3.".
(d) This section shall take effect at noon Eastern Standard Time on January 20, 2021. The temporary judgeships referenced by subsection (b) of this section shall be, any other provision of law notwithstanding, authorized and extended until noon Eastern Standard Time on January 20, 2021, when they shall be converted to permanent judgeships per subsection (b) of this section.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this act, including such sums as may be necessary to provide appropriate space and facilities for the judicial positions created by this act.
