[DOCID:211657tx_xxx-12]
From the Government Manual Online via GPO Access
[wais.access.gpo.gov]
[Page 68-74]
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. The territories and the Commonwealth of Puerto Rico
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,
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section 1, of the Constitution. The judge 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 John G. Roberts, Jr.
Washington, DC)
Circuit Judges
Douglas H. Ginsburg, Chief Judge 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
Janice Rogers Brown Washington, DC
Thomas B. Griffith Washington, DC
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Brett M. Kavanaugh Washington, DC
(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: Richard C. Donovan; Circuit Judges
Circuit Executive: Michael Boudin, Chief Judge Boston, MA
Gary Wente; Juan R. Torruella San Juan, PR
Sandra L. Lynch Boston, MA
Kermit V. Lipez Portland, ME
Jeffrey R. Howard Concord, NH
(vacancy)
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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 Dennis G. Jacobs, Chief Judge New York, NY
(Clerk: Roseann B. MacKechnie; Guido Calabresi New Haven, CT
Circuit Executive: Karen G. Milton; Jose A. Cabranes New Haven, CT
New York, NY) Chester J. Straub New York, NY
Rosemary S. Pooler Syracuse, NY
Robert D. Sack New York, NY
Sonia Sotomayor New York, NY
Robert A. Katzmann New York, NY
Barrington D. Parker, Jr. White Plains, NY
Reena Raggi New York, NY
Richard C. Wesley New York, NY
Peter W. Hall New York, NY
Debra Ann Livington (to be assigned)
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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 Anthony J. Scirica, Chief Judge Philadelphia, PA
Islands Dolores Korman Sloviter Philadelphia, PA
(Clerk: Marcia M. Waldron; Theodore A. McKee Philadelphia, PA
Circuit Executive: Marjorie O. Rendell Philadelphia, PA
Toby D. Slawsky; Maryanne Trump Barry Newark, NJ
Philadelphia, PA) Thomas L. Ambro Wilmington, DE
Julio M. Fuentes Newark, NJ
D. Brooks Smith Duncansville, PA
D. Michael Fisher Pittsburg, PA
Franklin S. Van Antwerpen Easton, PA
Michael A. Chagares Newark, NJ
Kent A. Jordan Wilmington, DE
Thomas M. Hardiman Pittsburgh, PA
(2 vacancies)
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Fourth Circuit
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Districts of Maryland, Circuit Justice
northern West Virginia, Chief Justice John G. Roberts, Jr.
southern West Virginia,
eastern Virginia, western Circuit Judges
Virginia, eastern North William W. Wilkins, Jr., Chief Judge Greenville, SC
Carolina, western North H. Emory Widener, Jr. Abingdon, VA
Carolina, middle North James Harvie Wilkinson III Charlottesville, VA
Carolina, and South Paul V. Niemeyer Baltimore, MD
Carolina Karen J. Williams Orangeburg, SC
(Clerk: Patricia S. Connor; M. Blane Michael Charleston, WV
Circuit Executive: Diana Gribbon Motz Baltimore, MD
Samuel W. Phillips; William B. Traxler, Jr. Greenville, SC
Richmond, VA) Robert B. King Charleston, WV
Roger L. Gregory Richmond, VA
[[Page 71]]
Dennis W. Shedd Columbia, SC
Allyson K. Duncan Raleigh, NC
(3 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 Edith H. Jones,Chief Judge Houston, TX
Texas, eastern Texas, and Carolyn Dineen King Houston
western Texas E. Grady Jolly Jackson, MS
(Clerk: Charles R. Fulbruge III; W. Eugene Davis Lafayette, LA
Circuit Executive: Jerry Edwin Smith Houston, TX
Gregory A. Nussel; Jacques L. Wiener, Jr. New Orleans, LA
New Orleans, LA) Rhesa H. Barksdale Jackson, MS
Emilio M. Garza San Antonio, TX
Harold R. DeMoss, Jr. Houston, TX
Fortunado P. Benavides Austin, TX
Carl E. Stewart Shreveport, LA
James L. Dennis New Orleans, LA
Edith Brown Clement New Orleans, LA
Edward C. Prado San Antonio, TX
Priscilla R. Owen Austin, TX
(2 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 Danny J. Boggs, Chief Judge Louisville, KY
Tennessee, middle Tennessee, Boyce F. Martin, Jr. Louisville, KY
and western Tennessee Alice M. Batchelder Medina, OH
(Clerk: Leonard Green; Martha Craig Daughtrey Nashville, TN
Circuit Executive: Karen Nelson Moore Cleveland, OH
James A. Higgins; Ransey Guy Cole, Jr. Columbus, OH
Cincinnati, OH) Eric L. Clay Detroit, MI
Ronald Lee Gilman Memphis, TN
Julia Smith Gibbons Memphis, TN
John M. Rogers Lexington, KY
Jeffrey S. Sutton Columbus, OH
Deborah L. Cook Akron, OH
David W. McKeague Lansing, MI
Richard A. Griffin Traverse City, MI
(2 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 Frank H. Easterbrook, Chief Judge Chicago, IL
Wisconsin Richard A. Posner Chicago, IL
(Clerk: Gino J. Agnello; Joel M. Flaum Chicago, IL
Circuit Executive: Kenneth F. Ripple South Bend, IN
Collins T. Fitzpatrick; Daniel A. Manion South Bend, IN
Chicago, IL) Michael S. Kanne Lafayette, IN
Ilana Diamond Rovner Chicago, IL
Diane P. Wood Chicago, IL
Terence T. Evans Milwaukee, WI
Ann C. Williams Chicago, IL
Diane S. Sykes Milwaukee, WI
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Eighth Circuit
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Districts of Minnesota, Circuit Justice
northern Iowa, southern Justice Samuel A. Alito, Jr.
Iowa, eastern Missouri,
western Missouri, eastern Circuit Judges
[[Page 72]]
Arkansas, western Arkansas, James B. Loken, Chief Judge Minneapolis, MN
Nebraska, North Dakota, Roger L. Wollman Sioux Falls, SD
and South Dakota Morris S. Arnold Little Rock, AR
(Clerk: Michael Ellis Gans; Diana E. Murphy Minneapolis, MN
Circuit Executive: Kermit E. Bye Fargo, ND
Millie B. Adams; William Jay Riley Omaha, NE
St. Louis, MO) Michael J. Melloy Cedar Rapids, IA
Lavenski R. Smith Little Rock, AR
Steven M. Colloton Des Moines, IA
Raymond W. Gruender St. Louis, MO
Duane Benton Kansas City, MO
Bobby E. Shepherd El Dorado, AR
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Ninth Circuit
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Districts of northern Circuit Justice
California, eastern Justice Anthony M. Kennedy
California, central California,
southern California, Oregon, Circuit Judges
Nevada, Montana, eastern Mary M. Schroeder, Chief Judge Phoenix, AZ
Washington, western Harry Pregerson Woodland Hills, CA
Washington, Idaho, Arizona, Stephen Reinhardt Los Angeles, CA
Alaska, Hawaii, Territory Alex Kozinski Pasadena, CA
of Guam, and District Diarmuid F. O'Scannlain Portland, OR
Court for the Northern Pamela A. Rymer Pasadena, CA
Mariana Islands Andrew J. Kleinfeld Fairbanks, AK
(Clerk: Cathy A. Catterson; Michael D. Hawkins Phoenix, AZ
Circuit Executive: Sidney R. Thomas Billings, MT
Gregory B. Walters; Barry G. Silverman Phoenix, AZ
San Francisco, CA) Susan P. Graber Portland, OR
M. Margaret McKeown Seattle, WA
Kim M. Wardlaw Pasadena, CA
William A. Fletcher San Francisco, CA
Raymond C. Fisher Pasadena, CA
Ronald M. Gould Seattle, WA
Richard A. Paez Pasadena, CA
Marsha S. Berzon San Francisco, CA
Richard C. Tallman Seattle, WA
Johnnie B. Rawlinson Las Vegas, NV
Richard R. Clifton Honolulu, HI
Jay S. Bybee Las Vegas, NV
Consuelo Maria Callahan Sacramento, CA
Carlos T. Bea San Francisco, CA
Milan D. Smith, Jr. Pasadena, CA
Sandra S. Ikuta Pasadena, CA
Norman Randy Smith Boise, ID
(vacancy)
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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 Deanell Reece Tacha,Chief Judge Lawrence, KS
Mexico Paul J. Kelly, Jr. Santa Fe, NM
(Clerk: Elisabeth A. Shumaker; Robert H. Henry Oklahoma City, OK
Circuit Executive: Mary Beck Briscoe Lawrence, KS
David J. Tighe; Carlos F. Lucero Denver, CO
Denver, CO) Michael R. Murphy Salt Lake City, UT
Harris L. Hartz Albuquerque, NM
Terrence L. O'Brien Cheyenne, WY
Michael W. McConnell Salt Lake City, UT
Timothy M. Tymkovich Denver, CO
Neil M. Gorusch Denver, CO
Jerome A. Holmes Tulsa, OK
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Eleventh Circuit
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Districts of northern Circuit Justice
Georgia, middle Georgia, Justice Clarence Thomas
southern Georgia, northern
Florida, middle Florida, Circuit Judges
[[Page 73]]
southern Florida, northern J.L. Edmondson, Chief Judge Atlanta, GA
Alabama, middle Alabama, Gerald B. Tjoflat Jacksonville, FL
southern Alabama R. Lanier Anderson III Macon, GA
(Clerk: Thomas K. Kahn; Stanley F. Birch, Jr. Atlanta, GA
Circuit Executive: Joel F. Dubina Montgomery, AL
Norman E. Zoller; Susan H. Black Jacksonville, FL
Atlanta, GA) Edward E. Carnes Montgomery, AL
Rosemary Barkett Miami, FL
Frank Mays Hull Atlanta, GA
Stanley Marcus Miami, FL
Charles R. Wilson Tampa, FL
William H. Pryor, Jr. Birmingham, Al
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Federal Circuit--Washington, DC
Circuit Justice
Chief Justice John G. Roberts, Jr.
Chief Judge
Paul R. Michel
Judges
Pauline Newman
Haldane Robert Mayer
Alan D. Lourie
Randall R. Rader
Alvin A. Schall
William C. Bryson
Arthur J. Gajarsa
Richard Linn
Timothy B. Dyk
Sharon Prost
Kimberly Moore
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 645 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 future 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,''
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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, 202-502-2600.
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 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 10278-0001. 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 20002-8041.
Phone, 202-502-2800.