H.R. 908 Establish a Commission on Structural Alternatives for the Federal Courts of Appeals

H.R. 908 Establish a Commission on Structural Alternatives for the Federal Courts of Appeals

To establish a Commission on Structural Alternatives for the Federal Courts of Appeals. (Introduced in House) MEMORANDUM
House Passes Bill Proposing to Study Appeals Court Boundaries On June 3, 1997, the House of Representatives passed H.R. 908, an act seeking to establish a Commission on Structural Alternatives for the Federal Courts of Appeals.

The bill passed the House by a voice vote after a compromise that saw the number of members on the commission reduced from 13 to 10, its funding reduced from $1.3 million to $900,000 and the deadline for its recommendations shortened from two years to 18 months. The bill is the result of the belief by representatives from several Western states encompassed by the 9th Circuit that the district is too large to work efficiently. Others want to see appeals decisions from their states removed from the control of California judges perceived as too liberal. These lawmakers wish to divide the circuit in two.

The 9th Circuit is comprised of nine Western states: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington. The Bankrutpcy Courts for the Districts of Guam and the Northern Mariana Islands also fall within the jurisdiction of the 9th Circuit.

Chairman of the House Judiciary Committee's Courts and Intellectual Property Subcommittee Howard Coble (R-N.C.) introduced the bill on the House floor. Rep. Don Young (R-Alaska) and Rep. Rick Hill (R-Mont.) Both expressed concerns about the bill's scope, but supported the measure. Rep. Young stated his desire that the federal government simply divide the district, rather than studying it.

The measure was approved by the House Judiciary Committee in March. A similar bill (S. 956 To establish a Commission on Structural Alternatives for the Federal Courts of Appeals.) Passed the Senate during the last session, but the House took no action.