Flake, McCain, Ducey Renew Push to Break Up Overburdened 9th Circuit

Press Release

U.S. Sens. Jeff Flake (R-Ariz.) and John McCain (R-Ariz.), in coordination with Gov. Doug Ducey (R-Ariz.), today reintroduced the Judicial Administration and Improvement Act of 2017, a bill to move Arizona, Alaska, Idaho, Montana, Nevada, and Washington out of the oversized and overworked U.S. 9th Circuit Court of Appeals and into a newly-established 12th Circuit. The bill would also ensure that the new 12th Circuit would not be bound by the precedent of the former 9th Circuit.

Currently, the 9th Circuit covers 20 percent of the U.S. population. It is composed of 13 district courts with jurisdiction over nine states, as well as the territorial courts of Guam and the Northern Mariana Islands. Each year the circuit hears over 12,000 appeals, with an average wait time exceeding 15 months. Arizona has the busiest federal docket, per capita, in the entire circuit.

"A fair and functioning judiciary is one of the pillars of our democracy, but the oversized and overburdened 9th Circuit has Arizonans waiting too long for justice," said Flake, a member of the Senate Judiciary Committee. "Establishing a new circuit with stronger local, regional, and cultural ties will ease the burden across the West and ensure that the people of Arizona finally get the swift access to the courts they deserve."

"The facts show that the overburdened 9th Circuit causes unacceptable delays for the people of Arizona," said McCain. "With this legislation, we will continue the effort forged by Senator Jon Kyl to create a new 12th Circuit in order to ensure that all Arizonans have timely and fair access to the federal courts."

"This is about responsible, good government. The Ninth Circuit is by far the most overburdened court in the country. Its pending cases are more than double the caseload of the next busiest court. It's time to make sure Arizonans finally get a fair day in court," said Ducey.

Background:

On Jan. 28, 2016, Flake and former Rep. Matt Salmon (R-Ariz.) teamed with Ducey to continue former U.S. Sen. Jon Kyl's (R-Ariz.) multi-year push to move Arizona from the 9th Circuit into a smaller, more efficient circuit. For more information on Ducey's efforts, view his press release here.

On Feb. 3, 2016, Flake and U.S. Rep. Matt Salmon introduced the bicameral Judicial Administration and Improvement Act. This bill would move Arizona, along with four other Western states out of the 9th Circuit and into a newly-created 12th Circuit. More information about the bill can be viewed here.

Source