House OKs division of 9th Circuit Court of Appeals

Some lawmakers say the split is necessary for a more efficient court; others say the move is politically motivated.

By Tanya Albert, AMNews staff. Oct. 25, 2004.

The House of Representatives in October voted to split up the 9th U.S. Circuit Court of Appeals, a California-based court that has issued a number of what many experts view as doctor-favorable opinions in recent years.

The 205-194 vote calls for dividing the 9th Circuit into three separate districts. The plan is not expected to pass in the Senate, but a split has been a hot topic for some time and is likely to be debated again in the future.

It would leave California and Hawaii in the 9th Circuit. Arizona, Idaho, Montana and Nevada would be part of a newly created 12th Circuit. Alaska, Oregon and Washington would be in a newly formed 13th Circuit.

It's difficult to say what a breakup could mean to physicians. But medical societies in some of the states that would be involved said a split could help get cases through the system more quickly. It also could allow for the full panel of judges to meet more often to decide cases, rather than three-judge panels, they said.

"I don't think it would have an impact on the types of cases being heard," said Jim Jordan, executive director of the Alaska State Medical Assn. "But it could lead to more expedited decisions."

Generally speaking, people in Idaho would support a split in the circuit, said Ron Hodge, associate executive director and in-house legal counsel for the Idaho Medical Assn. "Politics in Idaho are more conservative than California politics," he said.

As reflected by the recent vote, lawmakers are divided on the issue.