[United States Government Manual] [July 01, 1995] [Pages 70-77] [From the U.S. Government Publishing Office, www.gpo.gov]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 [[Page 71]] interlocutory decisions (18 U.S.C. 3731, 3734; 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 discretionary review or appeal in 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 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 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 summons annually a judicial conference of all circuit and district judges in the circuit, and sometimes 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. 1 note), 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 Veterans Appeals. 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). [[Page 72]] Judicial Circuits--United States Courts of Appeals ---------------------------------------------------------------------------------------------------------------- Circuit Judges Official Station ---------------------------------------------------------------------------------------------------------------- District of Columbia Circuit ---------------------------------------------------------------------------------------------------------------- (Clerk: Mark J. Langer; Circuit Justice Circuit Executive: Linda Ferren; Chief Justice William H. Rehnquist Washington, DC) Circuit Judges Harry T. Edwards, Chief Judge Washington, DC Patricia M. Wald Do. ........................................... Do. Laurence H. Silberman Do. James L. Buckley Do. Stephen F. Williams Do. Douglas H. Ginsburg Do. David Bryan Sentelle Do. Karen LeCraft Henderson Do. A. Raymond Randolph Do. Judith W. Rogers Do. David S. Tatel Do. (Vacancy) ---------------------------------------------------------------------------------------------------------------- First Circuit ---------------------------------------------------------------------------------------------------------------- Districts of Maine, New Circuit Justice Hampshire, Massachusetts, Justice David H. Souter Rhode Island, and Puerto Rico (Clerk: Francis P. Scigliano; Circuit Judges Circuit Executive: Juan R. Torruella, Chief Judge San Juan, PR Vincent F. Flanagan; Bruce M. Selya Providence, RI Boston, MA) Conrad K. Cyr Bangor, ME Michael Boudin Boston, MA Norman H. Stahl Concord, NH Sandra L. Lynch Boston, MA ---------------------------------------------------------------------------------------------------------------- Second Circuit ---------------------------------------------------------------------------------------------------------------- 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 Jon O. Newman, Chief Judge Hartford, CT (Clerk: George Lange III; Circuit Amalya Lyle Kearse New York, NY Executive: Steven Flanders; Ralph K. Winter, Jr. New Haven, CT New York, NY) Roger J. Miner Albany, NY Frank X. Altimari Uniondale, NY J. Daniel Mahoney Milford, CT John M. Walker, Jr. New York, NY Joseph M. McLaughlin Do. Dennis G. Jacobs Do. Pierre N. Leval Do. Guido Calabresi New Haven, CT Jose A. Cabranes Do. Fred I. Parker Burlington, VT ---------------------------------------------------------------------------------------------------------------- Third Circuit ---------------------------------------------------------------------------------------------------------------- Districts of New Jersey, Circuit Justice eastern Pennsylvania, Justice David H. Souter middle Pennsylvania, western Pennsylvania, Circuit Judges Delaware, and the Virgin Dolores Korman Sloviter, Chief Judge Philadelphia, PA Islands Edward R. Becker Philadelphia, PA (Clerk: P. Douglas Sisk; Walter K. Stapleton Wilmington, DE Circuit Executive: Carol Los Mansmann Pittsburgh, PA Toby D. Slawsky; Morton I. Greenberg Trenton, NJ Philadelphia, PA) Anthony J. Scirica Philadelphia, PA William D. Hutchinson Pottsville, PA Robert E. Cowen Trenton, NJ Richard Lowell Nygaard Erie, PA Samuel A. Alito, Jr. Newark, NJ Jane R. Roth Wilmington, DE Timothy K. Lewis Pittsburgh, PA Theodore A. McKee Philadelphia, PA H. Lee Sarokin Newark, NJ [[Page 73]] Fourth Circuit ---------------------------------------------------------------------------------------------------------------- Districts of Maryland, Circuit Justice northern West Virginia, Chief Justice William H. Rehnquist southern West Virginia, eastern Virginia, western Circuit Judges Virginia, eastern North Sam J. Ervin III, Chief Judge Morganton, NC Carolina, middle North Donald S. Russell Spartanburg, SC Carolina, western North H. Emory Widener, Jr. Abingdon,VA Carolina, and South Kenneth K. Hall Charleston, WV Carolina Francis D. Murnaghan, Jr. Baltimore, MD (Clerk: Bert M. Montague; James Harvie Wilkinson III Charlottesville, VA Circuit Executive: William W. Wilkins, Jr. Greenville, SC Samuel W. Phillips; Paul V. Niemeyer Baltimore, MD Richmond, VA) J. Michael Luttig Alexandria, VA Clyde H. Hamilton Columbia, SC Karen J. Williams Orangeburg, SC M. Blane Michael Charleston, WV Diana Gribbon Motz Baltimore, MD (2 vacancies) ---------------------------------------------------------------------------------------------------------------- Fifth Circuit ---------------------------------------------------------------------------------------------------------------- Districts of northern Circuit Justice Mississippi, southern Mississippi, Justice Antonin Scalia eastern Louisiana, middle Louisiana, western Louisiana, Circuit Judges northern Texas, southern Henry A. Politz, Chief Judge Shreveport, LA Texas, eastern Texas, and Carolyn Dineen King Houston, TX western Texas William L. Garwood Austin, TX (Clerk: Charles R. Fulbruge III; E. Grady Jolly Jackson, MS Circuit Executive: Patrick E. Higginbotham Dallas, TX Lydia Comberrel; W. Eugene Davis Lafayette, LA New Orleans, LA) Edith H. Jones Houston, TX Jerry Edwin Smith Houston, TX John M. Duhe, Jr. Lafayette, LA Rhesa H. Barksdale Jackson, MS Jacques L. Wiener, Jr. Shreveport, 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 (Vacancy) ---------------------------------------------------------------------------------------------------------------- Sixth Circuit ---------------------------------------------------------------------------------------------------------------- Districts of northern Ohio, Circuit Justice southern Ohio, eastern Justice John Paul Stevens Michigan, western Michigan, eastern Kentucky, Circuit Judges western Kentucky, eastern Gilbert S. Merritt, Chief Judge Nashville, TN Tennessee, middle Tennessee, Damon J. Keith Detroit, MI and western Tennessee Cornelia G. Kennedy Detroit, MI (Clerk: Leonard Green; Boyce F. Martin, Jr. Louisville, KY Circuit Executive: Nathaniel R. Jones Cincinnati, OH James A. Higgins; H. Ted Milburn Chattanooga, TN Cincinnati, OH) David A. Nelson Cincinnati, OH James L. Ryan Detroit, MI Danny J. Boggs Louisville, KY Alan E. Norris Columbus, OH Richard F. Suhrheinrich Lansing, MI Eugene E. Siler, Jr. London, KY Alice M. Batchelder Medina, OH Martha Craig Daughtrey Nashville, TN Karen Nelson Moore Cleveland, OH (Vacancy) ---------------------------------------------------------------------------------------------------------------- Seventh Circuit ---------------------------------------------------------------------------------------------------------------- Districts of northern Indiana, Circuit Justice southern Indiana, northern Justice John Paul Stevens Illinois, central Illinois, [[Page 74]] southern Illinois, eastern Circuit Judges Wisconsin, and western Richard A. Posner, Chief Judge Chicago, IL Wisconsin Walter J. Cummings Do. (Clerk: Thomas F. Strubbe; John L. Coffey Milwaukee, WI Circuit Executive: Joel M. Flaum Chicago, IL Collins T. Fitzpatrick; Frank H. Easterbrook Chicago, IL Chicago, IL) Kenneth F. Ripple South Bend, IN Daniel A. Manion South Bend, IN Michael S. Kanne Lafayette, IN Ilana Diamond Rovner Chicago, IL (2 vacancies) ---------------------------------------------------------------------------------------------------------------- Eighth Circuit ---------------------------------------------------------------------------------------------------------------- Districts of Minnesota, Circuit Justice northern Iowa, southern Justice Clarence Thomas Iowa, eastern Missouri, western Missouri, eastern Circuit Judges Arkansas, western Arkansas, Richard S. Arnold, Chief Judge Little Rock, AR Nebraska, North Dakota, Theodore McMillian St. Louis, MO and South Dakota George G. Fagg Des Moines, IA (Clerk: Michael Ellis Gans; Pasco M. Bowman II Kansas City, MO Circuit Executive: Roger L. Wollman Sioux Falls, SD June L. Boadwine; Frank J. Magill Fargo, ND St. Louis, MO, and Clarence Arlen Beam Lincoln, NE St. Paul, MN) James B. Loken St. Paul, MN David R. Hansen Cedar Rapids, IA Morris S. Arnold Little Rock, AR Diana E. Murphy Minneapolis, MN ---------------------------------------------------------------------------------------------------------------- Ninth Circuit ---------------------------------------------------------------------------------------------------------------- Districts of northern Circuit Justice California, eastern Justice Sandra Day O'Connor California, central California, southern California, Oregon, Circuit Judges Nevada, Montana, eastern J. Clifford Wallace, Chief Judge San Diego, CA Washington, western James R. Browning San Francisco, CA Washington, Idaho, Arizona, Proctor Hug, Jr. Reno, NV Alaska, Hawaii, Territory Mary M. Schroeder Phoenix, AZ of Guam, and District Betty B. Fletcher Seattle, WA Court for the Northern Harry Pregerson Woodland Hills, CA Mariana Islands Cecil F. Poole San Francisco, CA (Clerk: Cathy Catterson; William C. Canby, Jr. Phoenix, AZ Circuit Executive: Stephen Reinhardt Los Angeles, CA Gregory B. Walters; Robert R. Beezer Seattle, WA San Francisco, CA) Cynthia Holcomb Hall Pasadena, CA Charles E. Wiggins Reno, NV Melvin Brunetti Reno, NV Alex Kozinski Pasadena, CA John T. Noonan, Jr. San Francisco, CA David R. Thompson San Diego, CA Diarmuid F. O'Scannlain Portland, OR Edward Leavy Portland, OR Stephen S. Trott Boise, ID Ferdinand F. Fernandez Pasadena, CA Pamela A. Rymer Pasadena, CA Thomas G. Nelson Boise, ID Andrew J. Kleinfeld Fairbanks, AK Michael D. Hawkins Phoenix, AZ (4 vacancies) ---------------------------------------------------------------------------------------------------------------- Tenth Circuit ---------------------------------------------------------------------------------------------------------------- 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 John P. Moore Denver, CO (Clerk: Patrick J. Fisher; Stephen H. Anderson Salt Lake City, UT Circuit Executive: Deanell Reece Tacha Lawrence, KS Robert L. Hoecker; Bobby R. Baldock Roswell, NM [[Page 75]] Denver, CO) Wade Brorby Cheyenne, WY David M. Ebel Denver, CO Paul J. Kelly, Jr. Santa Fe, NM Robert H. Henry Oklahoma City, OK Mary Beck Briscoe Topeka, KS (2 vacancies) ---------------------------------------------------------------------------------------------------------------- Eleventh Circuit ---------------------------------------------------------------------------------------------------------------- Districts of northern Circuit Justice Georgia, middle Georgia, Justice Anthony M. Kennedy southern Georgia, northern Florida, middle Florida, Circuit Judges southern Florida, northern Gerald B. Tjoflat, Chief Judge Jacksonville, FL Alabama, middle Alabama, Phyllis A. Kravitch Atlanta, GA southern Alabama Joseph Woodrow Hatchett Tallahassee, FL (Clerk: Miguel J. Cortez, Jr.; R. Lanier Anderson III Macon, GA Circuit Executive: J.L. Edmondson Atlanta, GA Norman E. Zoller; Emmett Ripley Cox Mobile, AL Atlanta, GA) Stanley F. Birch, Jr. Atlanta, GA Joel F. Dubina Montgomery, AL Susan H. Black Jacksonville, FL Edward E. Carnes Montgomery, AL Rosemary Barkett Miami, FL (Vacancy) ---------------------------------------------------------------------------------------------------------------- Federal Circuit--Washington, DC Circuit Justice Chief Justice William H. Rehnquist Chief Judge Glenn L. Archer, Jr. Judges Helen Wilson Nies Giles S. Rich Pauline Newman Haldane Robert Mayer Paul R. Michel S. Jay Plager Alan D. Lourie Raymond C. Clevenger III Randall R. Rader Alvin A. Schall William C. Bryson Clerk: Francis X. Gindhart 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 610 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), [[Page 76]] 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. 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 Courts Act of 1980 (28 U.S.C. 251) constituted the court as the United States Court of International Trade and revised provisions relating to its jurisdiction. The Court of International Trade has all the powers in law and equity of a district court. 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 [[Page 77]] 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, 202-273-2800.