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Chief Judge Proctor Hug, Jr. And The Split That Didn't Happen, Arthur D. Hellman
Chief Judge Proctor Hug, Jr. And The Split That Didn't Happen, Arthur D. Hellman
Articles
Judge Procter Hug, Jr. became Chief Judge of the Ninth Circuit on March 1, 1996. Nine months earlier, eight Senators from five western states had introduced Senate Bill 956. The purpose of the bill, as stated in its title, was "to divide the ninth judicial circuit of the United States into two circuits." If the bill had been enacted, it would have been only the third time in the 104-year history of the federal courts of appeals that a circuit was split. And it would have been the first time that Congress had divided a circuit without waiting for a …
Legal Problems Of Dividing A State Between Federal Judicial Circuits, Arthur D. Hellman
Legal Problems Of Dividing A State Between Federal Judicial Circuits, Arthur D. Hellman
Articles
At recent hearings on proposals to restructure the Ninth Circuit Court of Appeals, two witnesses (a Ninth Circuit judge and a law professor) expressed some support for a realignment that would divide the state of California between two judicial circuits. This article explores the legal problems that might arise if such a reorganization were to be enacted, and it considers how those problems might be dealt with. It concludes that the problems are far from intractable and that they can be addressed through use or adaptation of familiar mechanisms for avoiding or resolving conflicts between decisions of different courts.
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