Editorials

[ OUR OPINION ]

9th Circuit needs
to be split in two

THE ISSUE An Idaho lawmaker is proposing that the U.S. 9th Circuit Court of Appeals be divided.

CONTROVERSY over a federal appellate panel's ruling on the Pledge of Allegiance has helped rejuvenate efforts to break up the U.S. 9th Circuit Court of Appeals, which has jurisdiction over Hawaii. While much of the court's criticism has been ideological and was reflected in the "under God" outcry, the court has become unwieldy and needs to be revamped because of its sheer size.

The 9th Circuit includes nine Western states and U.S. possessions in the Pacific, but California dominates. Ten of its 23 current judges -- there are five vacancies -- are from California, where 60 percent of the cases being appealed originate. Hawaii is not represented on the court, although President Bush's appointment of Richard R. Clifton is awaiting Senate confirmation. It took an act of Congress, sponsored by Senator Inouye, to guarantee a seat to Hawaii.

The area covered in the 9th Circuit is simply too large. It serves more than 55 million people -- 15 million more than in the second-largest circuit -- spread across more than a third of the nation's land. In 1999, 1,000 more appeals were filed with the 9th Circuit than with the second-busiest appellate court.

A proposal by Sen. Frank Murkowski, R-Alaska, three years ago to establish three "semi-autonomous" divisions within the 9th Circuit fizzled, perhaps because of concerns that the court's ability to interpret and apply federal law would be compromised. Rep. Mike Simpson, R-Idaho, now is proposing that a new circuit be created.

Under the Simpson plan, the 9th Circuit would be left with California, Nevada and Arizona and would be based in Los Angeles and San Francisco. A new 12th Circuit, based in Portland and Seattle, would include Hawaii, Alaska, Idaho, Montana, Oregon, Washington, Guam and the Northern Mariana Islands. Each state in a 12th Circuit could expect to receive more attention and representation.

The proposal's impetus may have arisen from Western Republicans who have complained about liberal decisions resulting from California's domination. They point out that the U.S. Supreme Court in 1997 reversed 27 of 28 cases appealed from the 9th Circuit. However, 9th Circuit Judge Sidney Thomas said the reversal percentage in recent years has been similar to those of most other circuits, seven of which have greater reversal rates. (Incidentally, the judge who wrote the Pledge of Allegiance decision is a senior judge appointed by Richard Nixon.)

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Published by Oahu Publications Inc., a subsidiary of Black Press.

Don Kendall, Publisher

Frank Bridgewater, Editor 529-4791; fbridgewater@starbulletin.com
Michael Rovner, Assistant Editor 529-4768; mrovner@starbulletin.com
Lucy Young-Oda, Assistant Editor 529-4762; lyoungoda@starbulletin.com

Mary Poole, Editorial Page Editor, 529-4790; mpoole@starbulletin.com
John Flanagan, Contributing Editor 294-3533; jflanagan@starbulletin.com

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