This Act restructures the federal judiciary by splitting the Ninth Circuit into a new Ninth and a new Twelfth Circuit, adding new judgeships, and authorizing funding for judicial expansion.
Dan Sullivan
Senator
AK
The Judicial Efficiency Improvement Act restructures the federal appellate system by splitting the Ninth Circuit into a new Ninth Circuit and a new Twelfth Circuit. This legislation adjusts the total number of judicial circuits to fourteen and establishes new judgeships across various federal courts. The Act also sets forth a transition plan for handling existing cases and outlines a staggered schedule for adding new district court judgeships through 2035.
Judicial Efficiency Act Splits Ninth Circuit, Adds 26 New Federal Judgeships Through 2035
The “Judicial Efficiency Improvement Act” is a major overhaul of the federal appeals court system, primarily focused on splitting the massive Ninth Circuit Court of Appeals into two separate circuits. If passed, the existing 13 federal circuits would become 14, creating a new Twelfth Circuit and a smaller new Ninth Circuit one year after the law is enacted (Sec. 2, Sec. 3, Sec. 17).
The Great Split: Why the Ninth Circuit Just Got Smaller
The Ninth Circuit, which currently covers nine states and two territories, is notorious for its size and caseload. This bill fundamentally changes that, reducing the authorized permanent judgeships in the Ninth Circuit to 18 and creating the new Twelfth Circuit with 13 judgeships (Sec. 5). The new Ninth Circuit will cover California, Guam, Hawaii, and the Northern Mariana Islands. The new Twelfth Circuit will encompass Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington, with its headquarters set in Seattle (Sec. 7).
If you’re a lawyer or a litigant in the West, this means your appeal will now go to a smaller court with a smaller set of judges, which theoretically speeds up the process and reduces the chance of procedural delays. For example, a business owner in Portland, Oregon, who loses a federal lawsuit will now appeal to the Twelfth Circuit in Seattle, not the new Ninth Circuit based largely in California.
The Automatic Reassignment Rule
One of the most interesting parts of this split is how sitting judges are handled. Active Ninth Circuit judges don't get to choose their new home; they are automatically assigned based on where their main office is located. If their office is in California, Guam, or Hawaii, they land in the new Ninth Circuit. If it’s in one of the other states (like Arizona or Oregon), they are moved to the new Twelfth Circuit (Sec. 8).
This automatic reassignment based on geography is a significant move. It removes the personal choice for active judges and could be seen as an effort to immediately establish the judicial identity of the two new courts. However, senior judges—those who have semi-retired but still hear cases—do get a choice and must notify the courts which circuit they prefer (Sec. 9).
A Decade of New Judges: What it Means for Backlogs
Beyond splitting the circuit, the bill authorizes a massive expansion of the federal district court system, adding new judgeships across the country in a staggered schedule running from 2025 all the way through 2035 (Sec. 14). This is the part that affects the most people, particularly those dealing with the slow pace of federal litigation.
For example, starting in 2025, districts like the Southern District of New York and the Central District of California—both known for massive caseloads—will see new judgeships created. This pattern repeats every two years, adding judgeships in busy districts across Florida, Texas, New Jersey, and more, culminating in a total of 26 new permanent district judgeships by 2035. The goal here is clearly to tackle the decade-long problem of judicial vacancies and overwhelming dockets that slow down everything from corporate litigation to immigration cases. For a small business waiting years for a contract dispute to be resolved, these new judges could mean a much faster resolution.
To fund this expansion, the bill authorizes significant, escalating funding, starting at nearly $13 million annually and rising to over $61 million by 2035, with those amounts automatically adjusted for inflation (Sec. 14). This represents a substantial, long-term commitment of taxpayer dollars to the federal judiciary.
Finally, the bill includes a transition plan for pending cases. If your appeal was already argued before the split takes effect, the old Ninth Circuit handles it. If it hadn't been argued, the case file gets transferred to the correct new circuit (New Ninth or Twelfth) as if it had been filed there originally (Sec. 11). This is critical for ensuring that ongoing lawsuits don't fall into a procedural black hole during the transition year.