Senator Murkowski Introduces Unified Legislation to Split the Ninth Circuit Court of Appeals

SENATOR MURKOWSKI INTRODUCES UNIFIED LEGISLATION TO SPLIT THE NINTH CIRCUIT COURT OF APPEALS

In order to present a unified plan for reorganizing the Ninth Circuit Court of Appeals, Sen. Lisa Murkowski yesterday in Anchorage announced that she and Sen. John Ensign (R-NV) have introduced the Court of Appeals Restructuring and Modernization Act (CARMA), S.1845.

CARMA, co-sponsored by Alaska Senator Ted Stevens, will improve the effectiveness and efficiency of the Ninth Circuit by reducing its size and creating a new Twelfth Circuit. The new Ninth Circuit would be comprised of California, Hawaii and the Pacific Islands and the new Twelfth Circuit comprised of Alaska, Washington, Oregon, Idaho, Montana, Nevada and Arizona.

Earlier this year, Murkowski had introduced similar legislation, S.1296 that would have effected a two-way split of the current 9th Circuit. At the same time, Sen. Ensign introduced legislation that would have effected a three way split of the 9th Circuit, creating new Twelfth and Thirteenth Circuits.

CARMA reflects Senator Ensign's original concerns, by increasing the number of judges in the new Twelfth Circuit from 19 to 20 and adding the cities of Las Vegas and Seattle to the judicial rotation of the new Twelfth Circuit (as well as Phoenix, Portland and Missoula) and the city of Pasadena in the new Ninth Circuit (along with San Francisco and Honolulu).

"It's always been both Senator Ensign's and my strong belief that there are many ways to divide the Circuit effectively and, that it's equally important for the Senate to speak with one voice on this important issue. The new Murkowski/Ensign bill represents that unified voice," Murkowski said.

The Ninth Circuit encompasses nine states and extends over 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.

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

"The 58 million residents of the Ninth Circuit are suffering from the size and ineffectiveness of the Circuit. The current make-up of the Ninth Circuit leaves its judges unable to effectively review opinions, take up cases in an appropriate length of time and makes the management of the court burdensome," Murkowski said. "This legislation creates a circuit which is more geographically manageable, thereby significantly reducing wasted time and creating manageable caseloads."

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.

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