05/13/1999 01:30 PM Senate JUD

        HJR 29-ENDORSE FED COURT OF APPEALS/9TH CIRCUIT                                                                         
                                                                                                                                
CORY WINCHELL, staff to Representative Pete Kott, sponsor of HJR
, gave the following overview of the measure.  HJR 29 supports                                                                
S.253 sponsored by Senator Murkowski.  S.253 splits the Ninth                                                                   
Circuit Court of Appeals into three divisions, Northern, Central,                                                               
and Southern.  Those divisions will have judges coming from within                                                              
the divisions, and a watchdog agency will be put over the Court of                                                              
Appeals and the appeals process will be constricted.  The bill is                                                               
a non-contentious measure.                                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR asked how HJR 29 differs from previous legislation.                                                             
MR. WINCHELL said this measure has been brought up several times                                                                
however a powerful lobby of judges does not want to see the Ninth                                                               
Circuit Court tinkered with.  They have allowed those judges to                                                                 
stay in.  There is still the Court of Appeals but if one gets an en                                                             
banc hearing out of any certain division, it is a direct review to                                                              
the Supreme Court.  That way they can get around the Ninth Circuit                                                              
Court of Appeals in their divisions.  The watchdog agency will                                                                  
report to Congress every few years and suggest changes.  The Ninth                                                              
Circuit Court has an 87 percent reversal rate.                                                                                  
                                                                                                                                
SENATOR DONLEY moved HJR 29 with individual recommendations.  There                                                             
being no objection, the motion carried.