Assignment of circuit judges

(a) In general Except as provided in subsection (b), each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act— (1) is in California, Guam, Hawaii, or the Northern Mariana Islands shall be a circuit judge of the new ninth circuit as of such effective date; and (2) is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, or Washington shall be a circuit judge of the twelfth circuit as of such effective date. (b) Special rule To ensure statutory distribution of judges If the assignment of judges under subsection (a) would result in a number of judges in either the new ninth circuit or the twelfth circuit that exceeds the number provided for that circuit in the table contained in section 44(a) of title 28, United States Code, as amended by section 5 of this Act, then a number of judges accounting for such excess who are the least senior in commission shall be assigned to the other circuit.