S. 525 would amend title 28, United States Code, to provide for the appointment of additional Federal circuit judges, and it would divide the Ninth Judicial Circuit of the United States into 2 circuits.
Detailed Summary
Circuit Court of Appeals Restructuring and Modernization Act of 2007 - 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) and the Twelfth Circuit (to be composed of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington).
Requires the President to appoint five additional circuit judges for the new Ninth Circuit and two temporary judges for the former Ninth Circuit, to be stationed in California.
Specifies the locations where new circuits are to hold regular sessions. Locates the offices of the new Twelfth Circuit in Phoenix, Arizona.
Assigns active circuit judges of the former Ninth Circuit to the new circuits. Allows senior circuit judges of the former Ninth Circuit to elect assignment.
Sets forth provisions governing the disposition of cases pending in the former Ninth Circuit before the effective date of this Act.
Authorizes the temporary assignment of circuit and district judges of the former Ninth Circuit among the new circuits.
Provides that the former Ninth Circuit shall cease to exist for administrative purposes two years after enactment of this Act.
Status of the Legislation
Latest Major Action: 2/8/2007: Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.
Points in Favor
(Log in to edit the wiki and be the first to show why the bill should pass!)
Points Against
(Log in to edit the wiki and be the first to show why the bill should not pass!)
Visitor Comments
Anonymous
Anonymous
Senator Crapo says the Ninth Circuit Court of Appeals “is problematic in a number of ways and because of this, our justice system itself suffers.” Ha, that is an understatement! Yes, thousands of people who have suffered true grievances and go through the appeals process to have the fair review allowed by our law, are detrimentally affected. Not only have appellants been railroaded by the lower courts they are victimized by the Ninth Circuit Court as well.
Ninth Circuit Court judges don’t even read or sign the unpublished memorandums or memorandums are just stamped by the clerk of the court and most of the briefs are not even read at all. Chief Justice Judge Kozinski writes there are a lot of critics that say this but he challenges the critics to show him proof that the case law cited is irrelevant and contradict not just other Ninth Circuit Court opinions but other Circuits as well. http://notabug.com/kozinski/unpublisheddispositions
Anonymous
Well, (Mauralarkins.com) has enough dismissals posted that fit the challenge of Chief Judge Kozinski. The unpublished memorandums handed to 80% of appellants’ average about three paragraphs with about four citations. The citations are totally irrelevant to the cases on appeal. They contradict other Ninth Circuit Court decisions as well as other Circuit Courts and Supreme Court runings. Peters v. Guajome Park Academy
Appeal No. #06-56587 is a perfect example of how cases are papered
and never even read by the court clerks write most of the 80% unpublished opinions. Chief Justice Kozinski is so proud of the Ninth Circuit sloppy work.
http://www.ca9.uscourts.gov/coa/memdispo.nsf/ae2ce0bb6160198c88256f1500...