[DOCID:186873tx_xxx-10]
From the Government Manual Online via GPO Access
[wais.access.gpo.gov]
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Judicial Branch
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JUDICIAL BRANCH
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THE SUPREME COURT OF THE UNITED STATES
United States Supreme Court Building
One First Street NE., Washington, DC 20543
Phone, 202-479-3000
Members:
Chief Justice of the United States William H. Rehnquist
Associate Justices John Paul Stevens,
Sandra Day
O'Connor,
Antonin
Scalia,
Anthony M.
Kennedy, David
H. Souter,
Clarence
Thomas, Ruth
Bader
Ginsburg,
Stephen G.
Breyer
Officers:
Administrative Assistant to the James C. Duff
Chief Justice
Clerk William K. Suter
Court Counsel Jane E. Petkofsky
Curator Gail Galloway
Director of Budget and Personnel Cyril A. Donnelly
Director of Data Systems Donna Clement
Librarian Shelley L. Dowling
Marshal Dale E. Bosley
Public Information Officer Kathleen L. Arberg
Reporter of Decisions Frank D. Wagner
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Article III, section 1, of the Constitution of the United States
provides that ``[t]he judicial Power of the United States, shall be
vested in one supreme Court, and in such inferior Courts as the Congress
may from time to time ordain and establish.''
The Supreme Court of the United States was created in accordance with
this provision and by authority of the Judiciary Act of September 24,
1789 (1 Stat. 73). It was organized on February 2, 1790. Article III,
section 2 of the Constitution defines the jurisdiction of the Supreme
Court.
The Supreme Court is comprised of the Chief Justice of the United
States and such number of Associate Justices as may be fixed by
Congress, which is currently fixed at eight (28 U.S.C. 1). The President
nominates the Justices with the advice and consent of the Senate.
Article III, section 1, of the Constitution further provides that
``[t]he Judges, both of the supreme and inferior Courts, shall hold
their Offices during good Behaviour, and shall, at stated Times, receive
for their Services, a Compensation, which shall not be diminished during
their Continuance in Office.''
Court officers assist the Court in the performance of its functions.
They
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include the Administrative Assistant to the Chief Justice, the Clerk,
the Reporter of Decisions, the Librarian, the Marshal, the Director of
Budget and Personnel, the Court Counsel, the Curator, the Director of
Data Systems, and the Public Information Officer.
Appellate Jurisdiction Appellate jurisdiction has been conferred upon
the Supreme Court by various statutes under the authority given Congress
by the Constitution. The basic statute effective at this time in
conferring and controlling jurisdiction of the Supreme Court may be
found in 28 U.S.C. 1251, 1253, 1254, 1257-1259, and various special
statutes. Congress has no authority to change the original jurisdiction
of this Court.
Rulemaking Power Congress has from time to time conferred upon the
Supreme Court power to prescribe rules of procedure to be followed by
the lower courts of the United States.
Court Term The term of the Court begins on the first Monday in October
and lasts until the first Monday in October of the next year.
Approximately 7,000 cases are filed with the Court in the course of a
term, and some 1,200 applications of various kinds are filed each year
that can be acted upon by a single Justice.
Access to Facilities The Supreme Court is open to the public from 9
a.m. to 4:30 p.m., Monday through Friday, except on Federal legal
holidays. Unless the Court or Chief Justice orders otherwise, the
Clerk's office is open from 9 a.m. to 5 p.m., Monday through Friday,
except on Federal legal holidays. The library is open to members of the
bar of the Court, attorneys for the various Federal departments and
agencies, and Members of Congress.
For further information concerning the Supreme Court, contact the Public
Information Office, United States Supreme Court Building, One First
Street NE., Washington, DC 20543. Phone, 202-479-3211.
Lower Courts
Article III of the Constitution declares, in section 1, that the
judicial power of the United States shall be invested in one Supreme
Court and in ``such inferior Courts as the Congress may from time to
time ordain and establish.'' The Supreme Court has held that these
constitutional courts ``. . . share in the exercise of the judicial
power defined in that section, can be invested with no other
jurisdiction, and have judges who hold office during good behavior, with
no power in Congress to provide otherwise.''
United States Courts of Appeals The courts of appeals are intermediate
appellate courts created by act of March 3, 1891 (28 U.S.C. ch. 3), to
relieve the Supreme Court of considering all appeals in cases originally
decided by the Federal trial courts. They are empowered to review all
final decisions and certain interlocutory decisions (18 U.S.C. 3731; 28
U.S.C. 1291, 1292) of district courts. They also are empowered to review
and enforce orders of many Federal administrative bodies. The decisions
of the courts of appeals are final except as they are subject to review
on writ of certiorari by the Supreme Court.
The United States is divided geographically into 12 judicial
circuits, including the District of Columbia. Each circuit has a court
of appeals (28 U.S.C. 41, 1294). Each of the 50 States is assigned to
one of the circuits, and the Territories are assigned variously to the
first, third, and ninth circuits. There is also a Court of Appeals for
the Federal Circuit, which has nationwide jurisdiction defined by
subject matter. At present each court of appeals has from 6 to 28
permanent circuit judgeships (179 in all), depending upon the amount of
judicial work in the circuit. Circuit judges hold their offices during
good behavior as provided by Article III, section 1, of the
Constitution. The judge
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senior in commission who is under 70 years of age (65 at inception of
term), has been in office at least 1 year, and has not previously been
chief judge, serves as the chief judge of the circuit for a 7-year term.
One of the justices of the Supreme Court is assigned as circuit justice
for each of the 13 judicial circuits. Each court of appeals normally
hears cases in panels consisting of three judges but may sit en banc
with all judges present.
The judges of each circuit (except the Federal Circuit) by vote
determine the size of the judicial council for the circuit, which
consists of the chief judge and an equal number of circuit and district
judges. The council considers the state of Federal judicial business in
the circuit and may ``make all necessary and appropriate orders for
[its] effective and expeditious administration . . .'' (28 U.S.C. 332).
The chief judge of each circuit may summon periodically a judicial
conference of all judges of the circuit, including members of the bar,
to discuss the business of the Federal courts of the circuit (28 U.S.C.
333). The chief judge of each circuit and a district judge elected from
each of the 12 geographical circuits, together with the chief judge of
the Court of International Trade, serve as members of the Judicial
Conference of the United States, over which the Chief Justice of the
United States presides. This is the governing body for the
administration of the Federal judicial system as a whole (28 U.S.C.
331).
United States Court of Appeals for the Federal Circuit This court was
established under Article III of the Constitution pursuant to the
Federal Courts Improvement Act of 1982 (28 U.S.C. 41, 44, 48), as
successor to the former United States Court of Customs and Patent
Appeals and the United States Court of Claims. The jurisdiction of the
court is nationwide (as provided by 28 U.S.C. 1295) and includes appeals
from the district courts in patent cases; appeals from the district
courts in contract, and certain other civil actions in which the United
States is a defendant; and appeals from final decisions of the U.S.
Court of International Trade, the U.S. Court of Federal Claims, and the
U.S. Court of Appeals for Veterans Claims. The jurisdiction of the court
also includes the review of administrative rulings by the Patent and
Trademark Office, U.S. International Trade Commission, Secretary of
Commerce, agency boards of contract appeals, and the Merit Systems
Protection Board, as well as rulemaking of the Department of Veterans
Affairs; review of decisions of the U.S. Senate Select Committee on
Ethics concerning discrimination claims of Senate employees; and review
of a final order of an entity to be designated by the President
concerning discrimination claims of Presidential appointees.
The court consists of 12 circuit judges. It sits in panels of three
or more on each case and may also hear or rehear a case en banc. The
court sits principally in Washington, DC, and may hold court wherever
any court of appeals sits (28 U.S.C. 48).
Judicial Circuits--United States Courts of Appeals
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Circuit Judges Official Station
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District of Columbia Circuit
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(Clerk: Mark J. Langer; Circuit Justice
Circuit Executive: Jill C. Sayenga; Chief Justice William H. Rehnquist
Washington, DC)
Circuit Judges
Harry T. Edwards, Chief Judge Washington, DC
Laurence H. Silberman Washington, DC
Stephen F. Williams Washington, DC
Douglas H. Ginsburg Washington, DC
David Bryan Sentelle Washington, DC
Karen LeCraft Henderson Washington, DC
A. Raymond Randolph Washington, DC
Judith W. Rogers Washington, DC
David S. Tatel Washington, DC
Merrick B. Garland Washington, DC
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(2 vacancies)
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First Circuit
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Districts of Maine, New Circuit Justice
Hampshire, Massachusetts, Justice David H. Souter
Rhode Island, and Puerto Rico
(Clerk: Phoebe Morse; Circuit Judges
Circuit Executive: Juan R. Torruella, Chief Judge Hato Rey, PR
Vincent F. Flanagan; Bruce M. Selya Providence, RI
Boston, MA) Michael Boudin Boston, MA
Norman H. Stahl Concord, NH
Sandra L. Lynch Boston, MA
Kermit V. Lipez Portland, ME
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Second Circuit
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Districts of Vermont, Circuit Justice
Connecticut, northern New Justice Ruth Bader Ginsburg
York, southern New York,
eastern New York, and Circuit Judges
western New York Ralph K. Winter, Jr., Chief Judge New Haven, CT
(Clerk: Roseann B. MacKechnie; Amalya Lyle Kearse New York, NY
Circuit Executive: Karen Milton; John M. Walker, Jr. New Haven, CT
New York, NY) Dennis G. Jacobs New York, NY
Pierre N. Leval New York, NY
Guido Calabresi New Haven, CT
Jose A. Cabranes New Haven, CT
Fred I. Parker Burlington, VT
Rosemary S. Pooler Syracuse, NY
Robert D. Sack New York, NY
Sonia Sotomayor New York, NY
Chester J. Straub New York, NY
Robert A. Katzmann New York, NY
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Third Circuit
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Districts of New Jersey, Circuit Justice
eastern Pennsylvania, Justice David H. Souter
middle Pennsylvania,
western Pennsylvania, Circuit Judges
Delaware, and the Virgin Edward R. Becker, Chief Judge Philadelphia, PA
Islands Dolores Korman Sloviter Philadelphia, PA
(Clerk: (vacancy); Carol Los Mansmann Pittsburgh, PA
Circuit Executive: Morton I. Greenberg Trenton, NJ
Toby D. Slawsky; Anthony J. Scirica Philadelphia, PA
Philadelphia, PA) Richard Lowell Nygaard Erie, PA
Samuel A. Alito, Jr. Newark, NJ
Jane R. Roth Wilmington, DE
Thomas L. Ambro Philadelphia, PA
Theodore A. McKee Philadelphia, PA
Marjorie O. Rendell Philadelphia, PA
(3 vacancies)
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Fourth Circuit
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Districts of Maryland, Circuit Justice
northern West Virginia, Chief Justice William H. Rehnquist
southern West Virginia,
eastern Virginia, western Circuit Judges
Virginia, eastern North James Harvie Wilkinson III, Chief Judge Charlottesville, VA
Carolina, middle North H. Emory Widener, Jr. Abingdon, VA
Carolina, western North Francis D. Murnaghan, Jr. Baltimore, MD
Carolina, and South William W. Wilkins, Jr. Greenville, SC
Carolina Paul V. Niemeyer Baltimore, MD
(Clerk: Patricia S. Connor; J. Michael Luttig Alexandria, VA
Circuit Executive: Karen J. Williams Orangeburg, SC
Samuel W. Phillips; M. Blane Michael Charleston, WV
Richmond, VA) Diana Gribbon Motz Baltimore, MD
Robert B. King Charleston, WV
William B. Traxler, Jr. Greenville, SC
(4 vacancies)
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Fifth Circuit
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Districts of northern Circuit Justice
Mississippi, southern Mississippi, Justice Antonin Scalia
eastern Louisiana, middle
Louisiana, western Louisiana, Circuit Judges
northern Texas, southern Carolyn Dineen King, Chief Judge Houston, TX
Texas, eastern Texas, and E. Grady Jolly Jackson, MS
western Texas Patrick E. Higginbotham Dallas, TX
(Clerk: Charles R. Fulbruge III; W. Eugene Davis Lafayette, LA
Circuit Executive: Edith H. Jones Houston, TX
Gregory A. Nussel; Jerry Edwin Smith Houston, TX
New Orleans, LA) Rhesa H. Barksdale Jackson, MS
Jacques L. Wiener, Jr. New Orleans, LA
Emilio M. Garza San Antonio, TX
Harold R. Demoss, Jr. Houston, TX
Fortunado P. Benavides Austin, TX
Carl E. Stewart Shreveport, LA
Robert M. Parker Tyler, TX
James L. Dennis New Orleans, LA
(3 vacancies)
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Sixth Circuit
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Districts of northern Ohio, Circuit Justice
southern Ohio, eastern Justice John Paul Stevens
Michigan, western
Michigan, eastern Kentucky, Circuit Judges
western Kentucky, eastern Boyce F. Martin, Jr., Chief Judge Louisville, KY
Tennessee, middle Tennessee, Gilbert S. Merritt Nashville, TN
and western Tennessee Danny J. Boggs Louisville, KY
(Clerk: Leonard Green; Alan E. Norris Columbus, OH
Circuit Executive: Richard F. Suhrheinrich Lansing, MI
James A. Higgins; Eugene E. Siler, Jr. London, KY
Cincinnati, OH) Alice M. Batchelder Medina, OH
Martha Craig Daughtrey Nashville, TN
Karen Nelson Moore Cleveland, OH
Ransey Guy Cole, Jr. Columbus, OH
Eric L. Clay Detroit, MI
Ronald Lee Gilman Memphis, TN
(4 vacancies)
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Seventh Circuit
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Districts of northern Indiana, Circuit Justice
southern Indiana, northern Justice John Paul Stevens
Illinois, central Illinois,
southern Illinois, eastern Circuit Judges
Wisconsin, and western Richard A. Posner, Chief Judge Chicago, IL
Wisconsin John L. Coffey Milwaukee, WI
(Clerk: Gino J. Agnello; Joel M. Flaum Chicago, IL
Circuit Executive: Frank H. Easterbrook Chicago, IL
Collins T. Fitzpatrick; Kenneth F. Ripple South Bend, IN
Chicago, IL) Daniel A. Manion South Bend, IN
Michael S. Kanne Lafayette, IN
Ilana Diamond Rovner Chicago, IL
Diane P. Wood Chicago, IL
Terence T. Evans Milwaukee, WI
(Vacancy)
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Eighth Circuit
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Districts of Minnesota, Circuit Justice
northern Iowa, southern Justice Clarence Thomas
Iowa, eastern Missouri,
western Missouri, eastern Circuit Judges
Arkansas, western Arkansas, Roger L. Wollman, Chief Judge Sioux Falls, SD
Nebraska, North Dakota, Richard S. Arnold Little Rock, AR
and South Dakota Theodore McMillian St. Louis, MO
(Clerk: Michael Ellis Gans; Pasco M. Bowman II Kansas City, MO
Circuit Executive: Clarence Arlen Beam Lincoln, NE
Millie B. Adams; James B. Loken Minneapolis, MN
St. Louis, MO) David R. Hansen Cedar Rapids, IA
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Morris S. Arnold Little Rock, AR
Diana E. Murphy Minneapolis, MN
(2 vacancies)
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Ninth Circuit
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Districts of northern Circuit Justice
California, eastern Justice Sandra Day O'Connor
California, central California,
southern California, Oregon, Circuit Judges
Nevada, Montana, eastern Procter Hug, Jr., Chief Judge Reno, NV
Washington, western James R. Browning San Francisco, CA
Washington, Idaho, Arizona, Mary M. Schroeder Phoenix, AZ
Alaska, Hawaii, Territory Harry Pregerson Woodland Hills, CA
of Guam, and District Stephan Reinhardt Los Angeles, CA
Court for the Northern Alex Kozinski Pasadena, CA
Mariana Islands Diarmuid F. O'Scannlain Portland, OR
(Clerk: Cathy A. Catterson; Stephen S. Trott Boise, ID
Circuit Executive: Ferdinand F. Fernandez Pasadena, CA
Gregory B. Walters; Pamela A. Rymer Pasadena, CA
San Francisco, CA) Thomas G. Nelson Boise, ID
Andrew J. Kleinfeld Fairbanks, AK
Michael D. Hawkins Phoenix, AZ
A. Wallace Tashima Pasadena, CA
Sidney R. Thomas Billings, MT
Barry G. Silverman Phoenix, AZ
William A. Fletcher San Francisco, CA
Susan P. Graber Portland, OR
M. Margaret McKeown Seattle, WA
Ronald M. Gould Seattle, WA
Kim M. Wardlaw Pasadena, CA
Raymond C. Fisher Pasadena, CA
Richard A. Paez Los Angeles, CA
Marsha L. Berzon San Francisco, CA
Richard C. Tallman Seattle, WA
(3 vacancies)
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Tenth Circuit
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Districts of Colorado, Circuit Justice
Wyoming, Utah, Kansas, Justice Stephen G. Breyer
eastern Oklahoma, western
Oklahoma, northern Circuit Judges
Oklahoma, and New Stephanie K. Seymour, Chief Judge Tulsa, OK
Mexico Deanell Reece Tacha Lawrence, KS
(Clerk: Patrick J. Fisher; Bobby R. Baldock Roswell, NM
Circuit Executive: Wade Brorby Cheyenne, WY
Robert L. Hoecker; David M. Ebel Denver, CO
Denver, CO) Paul J. Kelly, Jr. Santa Fe, NM
Robert H. Henry Oklahoma City, OK
Mary Beck Briscoe Lawrence, KS
Carlos F. Lucero Denver, CO
Michael R. Murphy Salt Lake City, UT
(2 vacancies)
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Eleventh Circuit
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Districts of northern Circuit Justice
Georgia, middle Georgia, Justice Anthony M. Kennedy
southern Georgia, northern
Florida, middle Florida, Circuit Judges
southern Florida, northern R. Lanier Anderson III, Chief Judge Macon, GA
Alabama, middle Alabama, Gerald B. Tjoflat Jacksonville, FL
southern Alabama J.L. Edmondson Atlanta, GA
(Clerk: Thomas Kahn; Emmett Ripley Cox Mobile, AL
Circuit Executive: Stanley F. Birch, Jr. Atlanta, GA
Norman E. Zoller; Joel F. Dubina Montgomery, AL
Atlanta, GA) Susan H. Black Jacksonville, FL
Edward E. Carnes Montgomery, AL
Rosemary Barkett Miami, FL
Frank Mays Hull Atlanta, GA
Stanley Marcus Miami, FL
Charles R. Wilson Tampa, FL
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Federal Circuit--Washington, DC
Circuit Justice
Chief Justice William H. Rehnquist
Chief Judge
Haldane Robert Mayer
Judges
Pauline Newman
Paul R. Michel
S. Jay Plager
Alan D. Lourie
Raymond C. Clevenger III
Randall R. Rader
Alvin A. Schall
William C. Bryson
Arthur J. Gajarsa
Richard Linn
Timothy B. Dyk
Clerk: Jan Horbaly
Administrative Services Officer: Ruth A. Butler
United States District Courts The district courts are the trial courts
of general Federal jurisdiction. Each State has at least one district
court, while the larger States have as many as four. Altogether there
are 89 district courts in the 50 States, plus the one in the District of
Columbia. In addition, the Commonwealth of Puerto Rico has a district
court with jurisdiction corresponding to that of district courts in the
various States.
At present, each district court has from 2 to 28 Federal district
judgeships, depending upon the amount of judicial work within its
territory. Only one judge is usually required to hear and decide a case
in a district court, but in some limited cases it is required that three
judges be called together to comprise the court (28 U.S.C. 2284). The
judge senior in commission who is under 70 years of age (65 at inception
of term), has been in office for at least 1 year, and has not previously
been chief judge, serves as chief judge for a 7-year term. There are
altogether 619 permanent district judgeships in the 50 States and 15 in
the District of Columbia. There are 7 district judgeships in Puerto
Rico. District judges hold their offices during good behavior as
provided by Article III, section 1, of the Constitution. However,
Congress may create temporary judgeships for a court with the provision
that when a vacancy occurs in that district, such vacancy shall not be
filled. Each district court has one or more United States magistrate
judges and bankruptcy judges, a clerk, a United States attorney, a
United States marshal, probation officers, court reporters, and their
staffs. The jurisdiction of the district courts is set forth in title
28, chapter 85, of the United States Code and at 18 U.S.C. 3231.
Cases from the district courts are reviewable on appeal by the
applicable court of appeals.
Territorial Courts Pursuant to its authority to govern the Territories
(art. IV, sec. 3, clause 2, of the Constitution), Congress has
established district courts in the territories of Guam and the Virgin
Islands. The District Court of the Canal Zone was abolished on April 1,
1982, pursuant to the Panama Canal Act of 1979 (22 U.S.C. 3601 note).
Congress has also established a district court in the Northern Mariana
Islands, which presently is administered by the United States under a
trusteeship agreement with the United Nations. These Territorial courts
have jurisdiction not only over the subjects described in the judicial
article of the Constitution but also over many local matters that,
within the States, are decided in State courts. The district court of
Puerto Rico, by contrast, is established under Article III, is
classified like other ``district courts,'' and is called a ``court of
the United States'' (28 U.S.C. 451). There is one judge each in Guam and
the Northern Mariana Islands, and two in the Virgin Islands. The judges
in these courts are appointed for terms of 10 years.
For further information concerning the lower courts, contact the
Administrative Office of the United States Courts, Thurgood Marshall
Federal Judiciary Building, One Columbus Circle NE., Washington, DC
20544. Phone, 202-273-0107.
United States Court of International Trade This court was originally
established as the Board of United States General Appraisers by act of
June 10, 1890, which conferred upon it jurisdiction theretofore held by
the district and circuit courts in actions arising under the tariff acts
(19 U.S.C. ch. 4). The act of May 28, 1926 (19 U.S.C. 405a), created the
United States Customs Court to supersede the Board; by acts of August 7,
1939, and June 25, 1948 (28 U.S.C. 1582, 1583), the court
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was integrated into the United States court structure, organization, and
procedure. The act of July 14, 1956 (28 U.S.C. 251), established the
court as a court of record of the United States under Article III of the
Constitution. The Customs Court Act of 1980 (28 U.S.C. 251) constituted
the court as the United States Court of International Trade.
The Court of International Trade has jurisdiction over any civil
action against the United States arising from Federal laws governing
import transactions. This includes classification and valuation cases,
as well as authority to review certain agency determinations under the
Trade Agreements Act of 1979 (19 U.S.C. 2501) involving antidumping and
countervailing duty matters. In addition, it has exclusive jurisdiction
of civil actions to review determinations as to the eligibility of
workers, firms, and communities for adjustment assistance under the
Trade Act of 1974 (19 U.S.C. 2101). Civil actions commenced by the
United States to recover customs duties, to recover on a customs bond,
or for certain civil penalties alleging fraud or negligence are also
within the exclusive jurisdiction of the court.
The court is composed of a chief judge and eight judges, not more
than five of whom may belong to any one political party. Any of its
judges may be temporarily designated and assigned by the Chief Justice
of the United States to sit as a court of appeals or district court
judge in any circuit or district. The court has a clerk and deputy
clerks, a librarian, court reporters, and other supporting personnel.
Cases before the court may be tried before a jury. Under the Federal
Courts Improvement Act of 1982 (28 U.S.C. 1295), appeals are taken to
the U.S. Court of Appeals for the Federal Circuit, and ultimately review
may be sought in appropriate cases in the Supreme Court of the United
States.
The principal offices are located in New York, NY, but the court is
empowered to hear and determine cases arising at any port or place
within the jurisdiction of the United States.
For further information, contact the Clerk, United States Court of
International Trade, One Federal Plaza, New York, NY 10007. Phone, 212-
264-2814.
Judicial Panel on Multidistrict Litigation The Panel, created by act of
April 29, 1968 (28 U.S.C. 1407), and consisting of seven Federal judges
designated by the Chief Justice from the courts of appeals and district
courts, is authorized to temporarily transfer to a single district, for
coordinated or consolidated pretrial proceedings, civil actions pending
in different districts that involve one or more common questions of
fact.
For further information, contact the Clerk, Judicial Panel on
Multidistrict Litigation, Room G-255, Thurgood Marshall Federal
Judiciary Building, One Columbus Circle NE., Washington, DC 20002.
Phone, 202-502-2800.
Special Courts
The Supreme Court has held that ``. . . Article III [of the
Constitution] does not express the full authority of Congress to create
courts, and that other Articles invest Congress with powers in the
exertion of which it may create inferior courts and clothe them with
functions deemed essential or helpful in carrying those powers into
execution.'' Such courts, known as legislative courts, have functions
which ``. . . are directed to the execution of one or more of such
powers and are prescribed by Congress independently of section 2 of
Article III; and their judges hold office for such term as Congress
prescribes, whether it be a fixed period of years or during good
behavior.'' Appeals from the decisions of these courts, with the
exception of the U.S. Tax Court and the U.S. Court of Appeals for the
Armed Forces, may be taken to the U.S. Court of Appeals for the Federal
Circuit. Appeals from the decisions of the Tax Court may be taken to the
court of appeals in which judicial circuit the case was initially heard.
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Certain decisions of the U.S. Court of Appeals for the Armed Forces are
reviewable by writ of certiorari in the Supreme Court.
United States Court of Federal Claims The Claims Court was established
on October 1, 1982, as an Article I court (28 U.S.C. 171, Article I,
U.S. Constitution). The Claims Court succeeds to the original trial
jurisdiction of the former Court of Claims, as provided for in 28 U.S.C.
1491 et seq. Its name was changed to the United States Court of Federal
Claims by the Federal Courts Administration Act of 1992 (28 U.S.C. 1
note, 106 Stat. 4516). The court is composed of 16 judges, one of whom
is designated by the President as chief judge. All judges are appointed
for 15-year terms by the President with the advice and consent of the
Senate.
The court has jurisdiction over claims seeking money judgments
against the United States. A claim must be founded upon either: the
United States Constitution; an act of Congress; the regulation of an
executive department; an express or implied-in-fact contract with the
United States; or damages, liquidated or unliquidated, in cases not
sounding in tort.
If a bidder files a claim with the court either before or after the
award of a Government contract, it has jurisdiction to grant declaratory
judgments and equitable relief. Under the Contract Disputes Act (41
U.S.C. 601 et seq.), the court may render judgments upon a claim by or
against a contractor, or any dispute between a contractor and the United
States Government arising under the act.
The Congress, from time to time, also grants the court jurisdiction
over specific types of claims against the United States. The National
Vaccine Injury Compensation Program, established by 42 U.S.C. 300aa-10
(the Vaccine Act), is an example of such special jurisdiction.
The court also reports to Congress on bills referred by either the
House of Representatives or the Senate.
Judgments of the court are final and conclusive on both the claimant
and the United States. All judgments are subject to appeal to the U.S.
Court of Appeals for the Federal Circuit. Collateral to any judgment,
the court may issue orders directing the restoration to office or status
of any claimant or the correction of applicable records.
The court's jurisdiction is nationwide. Trials are conducted before
individual judges at locations most convenient and least expensive to
citizens.
For further information, contact the Clerk, United States Court of
Federal Claims, 717 Madison Place NW., Washington, DC 20005. Phone, 202-
219-9657.
United States Court of Appeals for the Armed Forces This court was
established under Article I of the Constitution of the United States
pursuant to act of May 5, 1950, as amended (10 U.S.C. 867). Subject only
to certiorari review by the Supreme Court of the United States in a
limited number of cases, the court serves as the final appellate
tribunal to review court-martial convictions of all the Armed Forces. It
is exclusively an appellate criminal court, consisting of five civilian
judges who are appointed for 15-year terms by the President with the
advice and consent of the Senate. The court is called upon to exercise
jurisdiction to review the record in all cases:
--extending to death;
--certified to the court by a Judge Advocate General of an armed
force or by the General Counsel of the Department of Transportation,
acting for the Coast Guard; or
--petitioned by accused who have received a sentence of confinement
for 1 year or more, and/or a punitive discharge.
The court also exercises authority under the All Writs Act (28
U.S.C. 1651 (a)).
In addition, the judges of the court are required by law to work
jointly with the senior uniformed lawyer from each armed force, the
Chief Counsel of the Coast Guard, and two members of the public
appointed by the Secretary of Defense, to make an annual comprehensive
survey and to report annually to the Congress on the operation and
progress of the military justice system under the Uniform Code
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of Military Justice, and to recommend improvements wherever necessary.
For further information, contact the Clerk, United States Court of
Appeals for the Armed Forces, 450 E Street NW., Washington, DC 20442-
0001. Phone, 202-761-1448. Fax, 202-761-4672.
United States Tax Court This is a court of record under Article I of
the Constitution of the United States (26 U.S.C. 7441). Currently an
independent judicial body in the legislative branch, the court was
originally created as the United States Board of Tax Appeals, an
independent agency in the executive branch, by the Revenue Act of 1924
(43 Stat. 336) and continued by the Revenue Act of 1926 (44 Stat. 105),
the Internal Revenue Codes of 1939, 1954, and 1986. The name was changed
to the Tax Court of the United States by the Revenue Act of 1942 (56
Stat. 957), and the Article I status and change in name to United States
Tax Court were effected by the Tax Reform Act of 1969 (83 Stat. 730).
The court is composed of 19 judges. Its strength is augmented by
senior judges who may be recalled by the chief judge to perform further
judicial duties and by special trial judges who are appointed by the
chief judge and serve at the pleasure of the court. The chief judge is
elected biennially from among the 19 judges of the court.
The matters over which the Court has jurisdiction are set forth in
the various sections of title 26 of the U.S. Code.
At the option of the individual taxpayer, simplified procedures may
be utilized for the trials of small tax cases, provided that in a case
conducted under these procedures the decision of the court would be
final and not subject to review by any court. The jurisdictional maximum
for such cases is $50,000 for any disputed year.
All decisions, other than small tax case decisions, are subject to
review by the courts of appeals and thereafter by the Supreme Court of
the United States upon the granting of a writ of certiorari.
The office of the court and all of its judges are located in
Washington, DC, with the exception of a field office located in Los
Angeles, CA. The court conducts trial sessions at various locations
within the United States as reasonably convenient to taxpayers as
practicable. Each trial session is conducted by a single judge or a
special trial judge. All proceedings are public and are conducted
judicially in accordance with the court's Rules of Practice and the
rules of evidence applicable in trials without a jury in the U.S.
District Court for the District of Columbia. A fee of $60 is prescribed
for the filing of a petition. Practice before the court is limited to
practitioners admitted under the court's Rules.
For further information, contact the Administrative Office, United
States Tax Court, 400 Second Street NW., Washington, DC 20217. Phone,
202-606-8751.
United States Court of Appeals for Veterans Claims The United States
Court of Veterans Appeals was established on November 18, 1988 (102
Stat. 4105, 38 U.S.C. 7251) pursuant to Article I of the Constitution,
and given exclusive jurisdiction to review decisions of the Board of
Veterans Appeals. The court was renamed the United States Court of
Appeals for Veterans Claims by the Veterans Programs Enhancement Act of
1998 (38 U.S.C. 7251 note). The court may not review the schedule of
ratings for disabilities or actions of the Secretary in adopting or
revising that schedule. Decisions of the Court of Appeals for Veterans
Claims may be appealed to the United States Court of Appeals for the
Federal Circuit.
The court consists of seven judges appointed by the President, with
the advice and consent of the Senate, for 15-year terms. One of the
judges serves as chief judge.
The court's principal office is in the District of Columbia, but the
court can also act at any place within the United States.
For further information, contact the Clerk, United States Court of
Appeals for Veterans Claims, Suite 900, 625 Indiana Avenue NW.,
Washington, DC 20004-2950. Phone, 202-501-5970. Internet,
www.vetapp.uscourts.gov.
Other Courts There have also been created two courts of local
jurisdiction for the District of Columbia: the District
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of Columbia Court of Appeals and the Superior Court.
Business of the Federal Courts
The business of all the Federal courts described here, except the Court
of Appeals for the Armed Forces, the Tax Court, the Court Appeals for
Veterans Claims, and the District of Columbia courts, is discussed in
detail in the text and tables of the Annual Report of the Director of
the Administrative Office of the United States Courts (1940-99).
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