CSHJR 52(JUD) AM: Relating to the creation of a new United States Court of Appeals for the Twelfth Circuit.
00CS FOR HOUSE JOINT RESOLUTION NO. 52(JUD) am 01 Relating to the creation of a new United States Court of Appeals for the Twelfth 02 Circuit. 03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 WHEREAS the State of Alaska is within the jurisdiction of the United States Court 05 of Appeals for the Ninth Circuit; and 06 WHEREAS the Court of Appeals for the Ninth Circuit consists of the States of 07 Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington and 08 the federal territories, possessions, and protectorates in the Pacific; and 09 WHEREAS United States Representatives Bunn and White of Oregon, Representative 10 Dunn of Washington, and Representative Young of Alaska have introduced H.R. 2935, a bill 11 that would amend Title 28 of the United States Code to divide the Court of Appeals for the 12 Ninth Circuit into two circuits, and that has the short title of the "Ninth Circuit Court of 13 Appeals Reorganization Act of 1996"; and 14 WHEREAS H.R. 2935 proposes to remove the states of Alaska, Arizona, Idaho,
01 Montana, Nevada, Oregon, and Washington from the Court of Appeals for the Ninth Circuit 02 and place them in a new Court of Appeals for the Twelfth Circuit to be headquartered in 03 Portland, Oregon; and 04 WHEREAS H.R. 2935 would make each circuit judge of the Court of Appeals for the 05 Ninth Circuit whose duty station is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, or 06 Washington a circuit judge of the new Court of Appeals for the Twelfth Circuit; and 07 WHEREAS the membership of the Court of Appeals for the Ninth Circuit is heavily 08 weighted toward the State of California and the court seems to concern itself predominately 09 with issues arising out of California and the southwestern United States; and 10 WHEREAS the Court of Appeals for the Ninth Circuit's case filings are greater than 11 any other federal circuit; and 12 WHEREAS members of the Court of Appeals for the Ninth Circuit have shown a 13 surprising lack of understanding of Alaska's people and geography that has resulted in 14 decisions that have often caused the people of Alaska unnecessary hardship; and 15 WHEREAS, in the so-called "Katie John" subsistence case, which is of tremendous 16 importance to the people of the State of Alaska, even though the Court of Appeals for the 17 Ninth Circuit granted expedited consideration of that case, the court did not issue its decision 18 for over 13 months; this expedited decision is now under reconsideration by the court; and 19 WHEREAS Attorney General Bruce Botelho estimates that there are more than 200 20 Alaska cases currently pending before the Court of Appeals for the Ninth Circuit; and 21 WHEREAS the Attorneys General of the States of Idaho, Montana, Oregon, and 22 Washington have also found that similar issues of unnecessary delay concerning, lack of 23 understanding of, and lack of consideration for cases and issues by the Court of Appeals for 24 the Ninth Circuit exist in regard to those states; and 25 WHEREAS the Attorneys General of the States of Alaska, Idaho, Montana, Oregon, 26 and Washington have endorsed S. 956, the United States Senate counterpart to H.R. 2935; and 27 WHEREAS the creation of a new Court of Appeals for the Twelfth Circuit 28 encompassing the States of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and 29 Washington by H.R. 2935 would benefit these similar states by providing speedier and more 30 consistent rulings by jurists who have a greater familiarity with the social, geographical, 31 political, and economic life of the region;
01 BE IT RESOLVED that the Alaska State Legislature supports creation of a new Court 02 of Appeals for the Twelfth Circuit for the States of Alaska, Arizona, Idaho, Montana, Nevada, 03 Oregon, and Washington headquartered in the Pacific Northwest; and respectfully requests the 04 United States Congress to act in an expeditious manner. 05 COPIES of this resolution shall be sent to the Honorable Al Gore, Jr., Vice-President 06 of the United States and President of the U.S. Senate; the Honorable Strom Thurmond, 07 President Pro Tempore of the U.S. Senate; the Honorable Newt Gingrich, Speaker of the U.S. 08 House of Representatives; the Honorable Bob Dole, Majority Leader of the U.S. Senate; the 09 Honorable Dick Armey, Majority Leader of the U.S. House of Representatives; the Honorable 10 Thomas Daschle, Minority Leader of the U.S. Senate; the Honorable Richard A. Gephardt, 11 Minority Leader of the U.S. House of Representatives; the Honorable Orrin G. Hatch, Chair 12 of the U.S. Senate Committee on the Judiciary; the Honorable Henry J. Hyde, Chair of the 13 U.S. House Committee on the Judiciary; and to the Honorable Ted Stevens and the Honorable 14 Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, 15 members of the Alaska delegation in Congress.