[United States Government Manual]
[May 30, 1997]
[Pages 67-77]
[From the U.S. Government Publishing Office, www.gpo.gov]



------------------------------------------------------------------------

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:                                           

    Clerk                                         William K. Suter
    Reporter of Decisions                         Frank D. Wagner
    Librarian                                     Shelley L. Dowling
    Marshal                                       Dale E. Bosley

------------------------------------------------------------------------

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.

    The Supreme Court comprises the Chief Justice of the United States 
and such number of Associate Justices as may be fixed by Congress. Under 
that authority, and by virtue of act of June 25, 1948 (28 U.S.C. 1), the 
number of Associate Justices is eight. Power to nominate the Justices is 
vested in the President of the United States, and appointments are made 
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.'' A Justice may, if so desired, retire at the age of 70 after 
serving for 10 years as a Federal judge or at age 65 after 15 years of 
service.
    The Clerk, the Reporter of Decisions, the Librarian, and the Marshal 
are appointed by the Court to assist in the performance of its 
functions. Other Court officers, including the Administrative Assistant, 
the Court Counsel, the Curator, the Director of Data Systems, and the 
Public Information Officer, are appointed by the Chief Justice to assist 
him with the administrative aspects of his position.

[[Page 68]]

    The library is open to members of the bar of the Court, attorneys 
for the various Federal departments and agencies, and Members of 
Congress. Only members of the bar of the Court may practice before the 
Supreme Court.
    The term of the Court begins, by law, the first Monday in October of 
each year and continues as long as the business before the Court 
requires, usually until about the end of June. Six members constitute a 
quorum. Approximately 7,000 cases are passed upon in the course of a 
term. In addition, some 1,200 applications of various kinds are filed 
each year that can be acted upon by a single Justice.

Jurisdiction  According to the Constitution (art. III, sec. 2), ``[t]he 
judicial Power shall extend to all Cases, in Law and Equity, arising 
under this Constitution, the Laws of the United States, and Treaties 
made, or which shall be made, under their Authority;--to all Cases 
affecting Ambassadors, other public Ministers and Consuls;--to all Cases 
of admiralty and maritime Jurisdiction;--to Controversies to which the 
United States shall be a Party;--to Controversies between two or more 
States;--between a State and Citizens of another State;--between 
Citizens of different States;--between Citizens of the same State 
claiming Lands under Grants of different States, and between a State, or 
the Citizens thereof, and foreign States, Citizens or Subjects.
    ``In all Cases affecting Ambassadors, other public Ministers and 
Consuls, and those in which a State shall be Party, the supreme Court 
shall have original Jurisdiction. In all the other Cases before 
mentioned, the supreme Court shall have appellate Jurisdiction, both as 
to Law and Fact, with such Exceptions, and under such Regulations as the 
Congress shall make.''
    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. Pursuant to these statutes there 
are now in force rules promulgated by the Court to govern civil and 
criminal cases in the district courts, bankruptcy proceedings, admiralty 
cases, appellate proceedings, and the trial of misdemeanors before U.S. 
magistrate judges.

For further information concerning the Supreme Court, contact the Public 
Information Office, United States Supreme Court Building, 1 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

[[Page 69]]

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 70]]



                               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                             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        
                                             (2 vacancies)                                                      
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                  First Circuit                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Districts of Maine, New                      Circuit Justice                                                    
Hampshire, Massachusetts,                    Justice David H. Souter                                            
Rhode Island, and Puerto Rico                                                                                   
(Clerk: William H. Ng;                       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            
                                             (Vacancy)                                                          
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 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)                                John M. Walker, Jr.                          New York, NY          
                                             Joseph M. McLaughlin                         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        
                                             (3 vacancies)                                                      
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                  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      
                                             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      
                                             (Vacancy)                                                          
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 Fourth Circuit                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Districts of Maryland,                       Circuit Justice                                                    
northern West Virginia,                      Chief Justice William H. Rehnquist                                 

[[Page 71]]

                                                                                                                
southern West Virginia,                                                                                         
eastern Virginia, western                    Circuit Judges                                                     
Virginia, eastern North                      James Harvie Wilkinson III, Chief            Charlottesville, VA   
                                              Judge                                                             
Carolina, middle North                       Sam J. Ervin III                             Morganton, NC         
Carolina, western North                      Donald S. Russell                            Spartanburg, SC       
Carolina, and South                          H. Emory Widener, Jr.                        Abingdon,VA           
Carolina                                     Kenneth K. Hall                              Charleston, WV        
(Clerk: Patricia S. Connor;                  Francis D. Murnaghan, Jr.                    Baltimore, MD         
Circuit Executive:                           William W. Wilkins, Jr.                      Greenville, SC        
Samuel W. Phillips;                          Paul V. Niemeyer                             Baltimore, MD         
Richmond, VA)                                Clyde H. Hamilton                            Columbia, SC          
                                             J. Michael Luttig                            McLean, VA            
                                             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                                E. Grady Jolly                               Jackson, MS           
(Clerk: Charles R. Fulbruge III;             Patrick E. Higginbotham                      Dallas, TX            
Circuit Executive:                           W. Eugene Davis                              Lafayette, LA         
Gregory A. Nussel;                           Edith H. Jones                               Houston, TX           
New Orleans, LA)                             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             
                                             James L. Dennis                              New Orleans, LA       
                                             (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                    Boyce F. Martin, Jr., Chief Judge            Louisville, KY        
Tennessee, middle Tennessee,                 Gilbert S. Merritt                           Nashville, TN         
and western Tennessee                        Cornelia G. Kennedy                          Detroit, MI           
(Clerk: Leonard Green;                       David A. Nelson                              Cincinnati, OH        
Circuit Executive:                           James L. Ryan                                Detroit, MI           
James A. Higgins;                            Danny J. Boggs                               Louisville, KY        
Cincinnati, OH)                              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         
                                             Ransey Guy Cole, Jr.                         Columbus, OH          
                                             (3 vacancies)                                                      
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 Seventh Circuit                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
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                                    Walter J. Cummings                           Chicago, IL           
(Clerk: Thomas F. Strubbe;                   John L. Coffey                               Milwaukee, WI         
Circuit Executive:                           Joel M. Flaum                                Chicago, IL           
Collins T. Fitzpatrick;                      Frank H. Easterbrook                         Chicago, IL           

[[Page 72]]

                                                                                                                
Chicago, IL)                                 Kenneth F. Ripple                            South Bend, IN        
                                             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         
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 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                     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                    Betty B. Fletcher                            Seattle, WA           
of Guam, and District                        Harry Pregerson                              Woodland Hills, CA    
Court for the Northern                       Stephan Reinhardt                            Los Angeles, CA       
Mariana Islands                              Cynthia Holcomb Hall                         Pasadena, CA          
(Clerk: Cathy A. Catterson;                  Melvin Brunetti                              Reno, NV              
Circuit Executive:                           Alex Kozinski                                Pasadena, CA          
Gregory B. Walters;                          David R. Thompson                            San Diego, CA         
San Francisco, 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           
                                             A. Wallace Tashima                           Pasadena, CA          
                                             Sidney R. Thomas                             Billings, MT          
                                             (8 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 C. Porfilio                             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           
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            
                                             Carlos F. Lucero                             Denver, CO            
                                             Michael R. Murphy                            Salt Lake City, UT    
                                                                                                                
----------------------------------------------------------------------------------------------------------------

[[Page 73]]

                                                                                                                
                                                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                   Joseph Woodrow Hatchett, Chief Judge         Tallahassee, FL       
Alabama, middle Alabama,                     Gerald B. Tjoflat                            Jacksonville, FL      
southern Alabama                             R. Lanier Anderson III                       Macon, GA             
(Clerk: Miguel J. Cortez, Jr.;               J.L. Edmondson                               Atlanta, GA           
Circuit Executive:                           Emmett Ripley Cox                            Mobile, AL            
Norman E. Zoller;                            Stanley F. Birch, Jr.                        Atlanta, GA           
Atlanta, GA)                                 Joel F. Dubina                               Montgomery, AL        
                                             Susan H. Black                               Jacksonville, FL      
                                             Edward E. Carnes                             Montgomery, AL        
                                             Rosemary Barkett                             Miami, FL             
                                             (2 vacancies)                                                      
----------------------------------------------------------------------------------------------------------------


                     Federal Circuit--Washington, DC                    
Circuit Justice                                                         
  Chief Justice William H. Rehnquist                          
                                                                        
Chief Judge                                                             
  Glenn L. Archer, Jr.                                                  
                                                                        
Judges                                                                  
                                                                        
  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                                                     
  (Vacancy)                                                         
                                                                        
    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 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), 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

[[Page 74]]

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, 202-273-1120

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 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.

[[Page 75]]

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. 
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 
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 a chief judge, 
designated by the President, and 15 associate judges. 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

[[Page 76]]

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 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 14 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 Tax Court tries and adjudicates controversies involving the 
existence of deficiencies or overpayments in income, estate, gift, and 
generation-skipping transfer taxes in cases where deficiencies have been 
determined by the Commissioner of Internal Revenue. It also hears cases 
commenced by transferees and fiduciaries who have been issued notices of 
liability by the Commissioner.
    The Tax Court has jurisdiction to redetermine excise taxes and 
penalties imposed on private foundations. Similar jurisdiction over 
excise taxes has been conferred with regard to public charities, 
qualified pension plans, and real estate investment trusts.
    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 $10,000 for any disputed year.
    In disputes relating to public inspection of written determinations 
by the Internal Revenue Service, the Tax Court has jurisdiction to 
restrain disclosure or to obtain additional disclosure of written 
determinations or background file documents and, at the request of any 
person, to order disclosure of the identity of any person to whom the 
written determination pertains, if there has been a third party contact 
noted on the determination made public.
    The Tax Court has jurisdiction to render declaratory judgments 
relating to the qualification of retirement plans, including pension, 
profit-sharing, stock bonus, annuity, and bond purchase

[[Page 77]]

plans; the tax-exempt status of a charitable organization, qualified 
charitable donee, private foundation, or private operating foundation; 
and the status of interest on certain governmental obligations. 
Additional jurisdiction was conferred on the Tax Court by the Technical 
and Miscellaneous Revenue Act of 1988 (102 Stat. 3342). Such 
jurisdiction includes injunctive authority over certain procedure 
assessments, authority to review certain jeopardy assessments and 
jeopardy levies, and authority to hear and decide appeals by taxpayers 
from the denial of administrative costs by the Internal Revenue Service.
    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 Veterans Appeals  The United States Court of 
Veterans Appeals was established on November 18, 1988 (102 Stat. 4105, 
38 U.S.C. 4051) pursuant to Article I of the Constitution, and given 
exclusive jurisdiction to review decisions of the Board of Veterans 
Appeals. However, 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 Veterans Appeals may be appealed to 
the United States Court of Appeals for the Federal Circuit.
    The court consists of a chief judge and at least two, but not more 
than six, associate judges. All judges are appointed by the President 
with the advice and consent of the Senate for terms of 15 years.
    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 
Veterans Appeals, Suite 900, 625 Indiana Avenue NW., Washington, DC 
20004-2950. Phone, 202-501-5970.

Other Courts  There have also been created two courts of local 
jurisdiction for the District of Columbia: the District 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 Military Appeals, the Tax Court, the Court of Veterans Appeals, 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 (1940-95).
------------------------------------------------------------------------