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.