Senate committee approves measure breaking up 9th Circuit Court of Appeals

Tuesday, July 15, 1997 | 1:02 a.m.

The measure, offered as an amendment to a fiscal 1998 spending bill, would split the circuit that now hears cases from Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington.

The Senate Appropriations Committee approved the proposal, made by Sen. Judd Gregg, R-N.H., by voice vote. The spending bill, which covers the departments of Commerce, Justice, State and the judiciary, must now go to the full Senate for consideration.

The committee chairman, Sen. Ted Stevens, R-Alaska, said the split was needed because the circuit covers 45 million people, compared to 29 million in the next largest circuit, the 6th.

It takes 429 days on average to get an appeals decision in the 9th, Stevens said, whereas the national average is 315 days. "There's no way we can continue under these circumstances."

Stevens noted that Congress first took up issue of the size of the 9th Circuit in 1973.

Under the amendment, Hawaii and Nevada would get to choose which circuit they would join after the split.

The lawmakers also rejected, 15-13, an amendment by Sen. Harry Reid, D-Nev., that would have created a commission to study restructuring all appellate court circuits before acting singly on the 9th. "The focus should be on all the circuits," Reid said.

California's senator on the Appropriations Committee, Democrat Barbara Boxer, also argued in favor of a commission rather than immediate action to divide the 9th.

The House last month passed a bill to set up a 10-member bipartisan commission to study breaking up the 28-judge 9th.