Daines introduces bill to restructure Ninth Circuit Court of Appeals to better manage caseload

The U.S. Court of Appeals for the Ninth Circuit, by far the nation’s largest federal appeals court, would be divided in two to help manage its 14,200 pending cases under legislation introduced by U.S. Sen Steve Daines (R-MT) on Friday.

Daines and U.S. Sen. Dan Sullivan (R-AK) introduced the Circuit Court of Appeals Restructuring and Modernization Act to split the Ninth Circuit into two circuits: the Ninth Circuit and the 12th Circuit.

Under the bill, the ninth circuit would encompass California, Guam, Hawaii and the Northern Mariana Islands. The new 12th circuit would encompass Alaska, Arizona, Idaho, Montana, Nevada, Oregon and Washington.

“When our courts are overburdened and overworked, Americans are left underserved and waiting too long for justice,” Daines said. “It’s time to take a serious look at how our court system can better serve the American people.”

The Ninth Circuit has averaged the longest median time from appeal to termination over the last five years at 14.7 months.

“The Ninth Circuit’s jurisdiction includes 20 percent of our country’s population, nearly twice the size of the next largest circuit, and holds more than 30 percent of all pending cases,” Daines said. “The Ninth Circuit has failed to adequately serve Americans’ needs — it’s time a court system that functions and provides the American people with the service they deserve,” he added.

Daines and Sullivan also introduced the Federal Court of Appeals Modernization Act, which would establish a commission to study the Court of Appeals’ circuits and to identify changes needed to encourage an “expeditious and effective disposition” of caseloads.