Ninth Circuit Court Split: New Twelfth Circuit Created, Reshuffling Judges and Cases in Western States by 2026

The "Judicial Administration and Improvement Act of 2025" dramatically reshapes the federal court system in the West, splitting the massive Ninth Circuit Court of Appeals into two. Effective one year after enactment, this law creates a new Twelfth Circuit covering Alaska, Arizona, and both the Eastern and Western Districts of Washington, while the reconfigured Ninth Circuit retains California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. (SEC. 3). The core purpose is to reorganize the overloaded Ninth Circuit, aiming for greater efficiency and more localized judicial attention. (SEC. 2).

Remaking the Courts

The Act doesn't just redraw lines on a map; it redistributes judges and cases. Judges are assigned to the new circuits based on their current duty stations. (SEC. 6). For example, a judge currently stationed in Phoenix, Arizona, will be assigned to the new Twelfth Circuit. However, those judges can choose to stay with the new Ninth Circuit. (SEC. 6). Senior judges in the affected states get to pick their circuit. (SEC. 7). For every judge who no longer serves in Alaska, Arizona, Idaho, Montana, or Nevada, an additional circuit judge will be appointed by the President for the Twelfth Circuit. (SEC. 6). The President is also authorized to appoint one additional circuit judge for the Twelfth Circuit for each judge who chooses to be assigned to the new Ninth Circuit. However, for each of these appointments, an equal number of circuit judge positions for the Twelfth Circuit will remain vacant. (SEC. 8). Cases already submitted for decision will stay with their original court, while new appeals will go to the appropriate circuit under the new setup. (SEC. 10). Pending rehearings will be handled as if the Act was already in place. (SEC. 10).

Real-World Ripple Effects

This shake-up could mean significant changes for legal professionals and anyone involved in federal litigation in these states. Imagine a small business owner in Tucson, Arizona, who previously faced a Ninth Circuit appeal. Now, their case could be heard in the new Twelfth Circuit, potentially with different judges and a different court culture. The Act aims to streamline the process, but the transition itself presents challenges. The former Ninth Circuit gets temporary authority to manage the administrative handoff, including transferring cases and resources, but that power expires after two years. (SEC. 11). The act also authorizes funding to implement this Act. (SEC. 13).

Potential Pitfalls and Long-Term Questions

While the stated goal is improved judicial administration, there are potential hiccups. Judges might opt for circuit assignments based on personal preference rather than court needs. The creation of temporary judgeships, though tied to vacancies, introduces a layer of complexity and could, in theory, be used to try to influence court decisions. The two-year administrative authority given to the former Ninth Circuit to implement the changes raises questions about potential imbalances during the transition. How this reorganization affects the speed and consistency of justice in the long run remains to be seen.