Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2025
The Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2025 would split the current Ninth Circuit into two separate circuits: a “new ninth circuit” consisting of California, Guam, Hawaii, and the Northern Mariana Islands; and a “twelfth circuit” consisting of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington. The bill also adds new judgeships to each circuit, reassigns existing judges, and creates temporary cross-circuit and cross-district judge assignments to manage workload during the transition. It reorganizes where the courts sit (calendared locations include San Francisco, Pasadena, Honolulu for the Ninth; Phoenix and Seattle for the Twelfth) and sets rules for seniority, case handling during the transition, and administration. The act includes a phased effective date and requires funding for the new facilities and operations. In short, if enacted, the bill would restructure the federal appellate system in the western United States, reduce the Ninth Circuit to two separate circuits with a total of 34 judges (25 on the new Ninth and 9 on the Twelfth), reallocate judges based on current home districts, and create transitional mechanisms to maintain court workloads and case continuity as the switch occurs.
Key Points
- 1Division of the Ninth Circuit into two circuits: the “new ninth circuit” (California, Guam, Hawaii, Northern Mariana Islands) and the “twelfth circuit” (Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington); the old Ninth Circuit would be administratively split and cease to exist for administrative purposes after a 2-year transition.
- 2New and temporary judgeships:
- 3- Former Ninth Circuit: 2 additional circuit judges permanently; official duty stations in Arizona, California, or Nevada.
- 4- New Ninth Circuit: 3 circuit judges (to be appointed; not before January 21, 2025).
- 5- Temporary judgeships: 2 additional circuit judges for the former Ninth Circuit; a mechanism that temporarily accommodates workload but with a limit that, after 10 years, certain vacancies on the new Ninth Circuit tied to these temporary appointments would not be filled.
- 6- Total circuit judge totals after restructuring: Ninth (new) would have 25 judges; Twelfth would have 9 judges.
- 7Places of circuit court and assignments:
- 8- Ninth Circuit locations: Honolulu, San Francisco, Pasadena.
- 9- Twelfth Circuit locations: Phoenix, Seattle.
- 10- Initial judge assignments would be based on the pre-enactment home circuit, with a special provision to ensure the number of judges in each new circuit stays within the authorized totals; there is a mechanism to reassign if needed.
- 11Case handling and transition rules:
- 12- Pending Ninth Circuit matters as of the effective date: cases either continue in the same process or transfer to the appropriate new circuit; existing records and filings move with the case.
- 13- Petitions for rehearing or similar matters filed before the effective date are treated as if the Act had not been enacted (with limited cross-circuit rehearing implications if applicable).
- 14Administrative and cross-circuit flexibility:
- 15- Contiguous circuits may jointly carry out administrative functions (e.g., budgeting, facilities) if they choose.
- 16- The chief judges could temporarily assign judges across the two circuits or between circuits to manage workload, including cross-appointments of district judges to sit on the other circuit’s Court of Appeals when needed.
- 17Seniority and election choices:
- 18- Seniority for judges reassigned or who elect reassignment under the act runs from the date of their original commission as a judge of the former Ninth Circuit.
- 19- Senior judges may elect to be assigned to either circuit, with notification to the Administrative Office of the U.S. Courts.
- 20Effective date and funding:
- 21- The act generally takes effect on the first day of the first fiscal year after a 9-month waiting period from the date when 5 of the authorized judges have been confirmed; Section 4(c) provides a separate immediate effectiveness for certain subsections.
- 22- The act authorizes appropriations to fund the reassignment, new judgeships, facilities, and other administrative needs.