Senator Murkowski Introduces Bill to Reorganize the Ninth Circuit U. S. Court of Appeals

SENATOR MURKOWSKI INTRODUCES BILL TO REORGANIZE THE NINTH CIRCUIT U.S. COURT OF APPEALS

Saying that the Ninth Circuit U.S. Court of Appeals needs to be more effective and efficient, Sen. Lisa Murkowski has
introduced legislation to create a new Twelfth Circuit comprised of Alaska, Washington, Oregon, Idaho, Montana, Nevada and Arizona.

The Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2005 is co-sponsored by Sens. Ted Stevens (R-AK), Conrad Burns (R-MT), Larry Craig (R-ID), Mike Crapo (R-ID), Jon Kyl (R-AZ), Gordon Smith (R-OR). The bill provides for a sensible reorganization of the Ninth Circuit, and will bring current population and population growth projections more in line with the other Circuits.

The Ninth Circuit encompasses nine states and some 1.4 million square miles. It is the largest of all U.S. Circuit Courts and larger than the First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eleventh Circuits combined. The Circuit also contains the fastest growing states in the nation. By 2010, the Census Bureau estimates that the Ninth Circuit's population will be more than 63 million -- an increase which will inevitably create an even more daunting caseload.

"No one court can effectively exercise its power in an area that extends from the Arctic Circle to the tropics, said Murkowski. "This legislation creates a circuit which is more geographically manageable, thereby significantly reducing wasted time and money on judicial travel. Additionally, caseloads will be much more manageable."

The Ninth Circuit now handles more cases than any other Circuit. Last year alone 14,272 cases were filed. The average time to get a final disposition of an appellate case in the Ninth Circuit is nearly five months longer than the national average.

"The 58 million residents of the Ninth Circuit are suffering from the size and ineffectiveness of the Circuit," Murkowski noted. "It can takes years before cases are heard and decided, prompting many to forego the entire appellate process. In brief, the Ninth Circuit has become a circuit where justice is not swift and not always served."

The massive size and daunting caseload of the Ninth Circuit result in a decrease in the ability of judges to keep abreast of legal developments within the Circuit. The large number of judges scattered over the 1.4 million square miles of the circuit inevitably results in difficulty reaching consistent circuit decisions. This lack of judicial consistency discourages settlements and leads to unnecessary litigation. Reversal rates by the Supreme Court remain high and more than half of the reversals last year were unanimous. One-sixth of the petitions for certiorari are from the Ninth Circuit, yet the appeals accounted for one-third of the Supreme Court's docket.

"The realigned Ninth Circuit and the new Twelfth Circuit that we are proposing are much more in line with other circuits. The resulting reductions in caseload will clearly improve uniformity and consistency in legal decisions," said Murkowski.

Because of its size, the Ninth Circuit is the only circuit where all judges do not sit in en banc, or full court, review of panel decisions. The limited en banc allows a full court to be comprised of 11 members, rather than 28 needed in every other Circuit. Therefore, only six members of the 28 are needed for a majority opinion.

http://murkowski.senate.gov/pressapp/record.cfm?id=240084