    [United States Government Manual]
    [June 02, 1998]
    [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, One First
    Street NE., Washington, DC 20543. Phone, 202-479-3211.

    Lower Courts

    Article III of the Constitution declares, in section 1, that the
    judicial power of the United States shall be invested in one Supreme
    Court and in ``such inferior Courts as the Congress may from time to
    time ordain and establish.'' The Supreme Court has held that these
    constitutional courts ``. . . share in the exercise of the judicial
    power defined in that section, can be invested with no other
    jurisdiction, and have judges who hold office during good behavior, with
    no power in Congress to provide otherwise.''
    United States Courts of Appeals  The courts of appeals are intermediate
    appellate courts created by act of March 3, 1891 (28 U.S.C. ch. 3), to
    relieve the Supreme Court of considering all appeals in cases originally
    decided by the Federal trial courts. They are empowered to review all
    final decisions and certain

    [[Page 69]]

    interlocutory decisions (18 U.S.C. 3731; 28 U.S.C. 1291, 1292) of
    district courts. They also are empowered to review and enforce orders of
    many Federal administrative bodies. The decisions of the courts of
    appeals are final except as they are subject to review on writ of
    certiorari by the Supreme Court.
        The United States is divided geographically into 12 judicial
    circuits, including the District of Columbia. Each circuit has a court
    of appeals (28 U.S.C. 41, 1294). Each of the 50 States is assigned to
    one of the circuits, and the Territories are assigned variously to the
    first, third, and ninth circuits. There is also a Court of Appeals for
    the Federal Circuit, which has nationwide jurisdiction defined by
    subject matter. At present each court of appeals has from 6 to 28
    permanent circuit judgeships (179 in all), depending upon the amount of
    judicial work in the circuit. Circuit judges hold their offices during
    good behavior as provided by Article III, section 1, of the
    Constitution. The judge 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 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: Jill C. Sayenga;          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
                                                 Merrick B. Garland                           Washington, DC
                                                 (Vacancy)
    ----------------------------------------------------------------------------------------------------------------
                                                      First Circuit
    ----------------------------------------------------------------------------------------------------------------
    Districts of Maine, New                      Circuit Justice
    Hampshire, Massachusetts,                    Justice David H. Souter
    Rhode Island, and Puerto Rico
    (Clerk: Phoebe Morse;                        Circuit Judges
    Circuit Executive:                           Juan R. Torruella, Chief Judge               Hato Rey, PR
    Vincent F. Flanagan;                         Bruce M. Selya                               Providence, RI
    Boston, MA)                                  Michael Boudin                               Boston, MA
                                                 Norman H. Stahl                              Concord, NH
                                                 Sandra L. Lynch                              Boston, MA
                                                 (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                             Ralph K. Winter, Jr., Chief Judge            New Haven, CT
    (Clerk: George Lange III; Circuit            Amalya Lyle Kearse                           New York, NY
    Executive: George Lange III,                 John M. Walker, Jr.                          New York, NY
    Acting ;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
                                                 (5 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                     Edward R. Becker, Chief Judge                Philadelphia, PA
    Islands                                      Dolores Korman Sloviter                      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
                                                 Marjorie O. Rendell                          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 Judge      Charlottesville, VA
    Carolina, middle North                       Sam J. Ervin III                             Morganton, NC
    Carolina, western North                      H. Emory Widener, Jr.                        Abingdon, VA
    Carolina, and South                          Francis D. Murnaghan, Jr.                    Baltimore, MD
    Carolina                                     William W. Wilkins, Jr.                      Greenville, SC
    (Clerk: Patricia S. Connor;                  Paul V. Niemeyer                             Baltimore, MD
    Circuit Executive:                           Clyde H. Hamilton                            Columbia, SC
    Samuel W. Phillips;                          J. Michael Luttig                            Alexandria, VA
    Richmond, VA)                                Karen J. Williams                            Orangeburg, SC
                                                 M. Blane Michael                             Charleston, WV
                                                 Diana Gribbon Motz                           Baltimore, MD
                                                 (4 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
                                                 Eric L. Clay                                 Detroit, MI
                                                 Ronald Lee Gilman                            Memphis, TN
                                                 (Vacancy)
    ----------------------------------------------------------------------------------------------------------------
                                                     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: Gino J. Agnello;                     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,                  Pasco M. Bowman II, Chief Judge              Kansas City, MO
    Nebraska, North Dakota,                      Richard S. Arnold                            Little Rock, AR
    and South Dakota                             Theodore McMillian                           St. Louis, MO
    (Clerk: Michael Ellis Gans;                  George G. Fagg                               Des Moines, IA
    Circuit Executive:                           Roger L. Wollman                             Sioux Falls, SD
    Millie B. Adams;                             Frank J. Magill                              Fargo, ND
    St. Louis, MO)                               Clarence Arlen Beam                          Lincoln, NE
                                                 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                              Melvin Brunetti                              Reno, NV
    (Clerk: Cathy A. Catterson;                  Alex Kozinski                                Pasadena, CA
    Circuit Executive:                           David R. Thompson                            San Diego, CA
    Gregory B. Walters;                          Diarmuid F. O'Scannlain                      Portland, OR
    San Francisco, CA)                           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
                                                 Barry G. Silverman                           Phoenix, AZ
                                                 (9 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: Thomas Kahn;                         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
                                                 Frank Mays Hull                              Atlanta, GA
                                                 Stanley Marcus                               Miami, FL
    ----------------------------------------------------------------------------------------------------------------

                         Federal Circuit--Washington, DC
    Circuit Justice
      Chief Justice William H. Rehnquist
    Chief Judge
      Haldane Robert Mayer
    Judges
      Giles S. Rich
      Pauline Newman
      Paul R. Michel
      S. Jay Plager
      Alan D. Lourie
      Raymond C. Clevenger III
      Randall R. Rader
      Alvin A. Schall
      William C. Bryson
      Arthur J. Gajarsa
      (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

    [[Page 74]]

    with the United Nations. These Territorial courts have jurisdiction not
    only over the subjects described in the judicial article of the
    Constitution but also over many local matters that, within the States,
    are decided in State courts. The district court of Puerto Rico, by
    contrast, is established under Article III, is classified like other
    ``district courts,'' and is called a ``court of the United States'' (28
    U.S.C. 451). There is one judge each in Guam and the Northern Mariana
    Islands, and two in the Virgin Islands. The judges in these courts are
    appointed for terms of 10 years.

    For further information concerning the lower courts, contact the
    Administrative Office of the United States Courts, Thurgood Marshall
    Federal Judiciary Building, One Columbus Circle NE., Washington, DC
    20544. Phone, 202-273-0107.

    United States Court of International Trade  This court was originally
    established as the Board of United States General Appraisers by act of
    June 10, 1890, which conferred upon it jurisdiction theretofore held by
    the district and circuit courts in actions arising under the tariff acts
    (19 U.S.C. ch. 4). The act of May 28, 1926 (19 U.S.C. 405a), created the
    United States Customs Court to supersede the Board; by acts of August 7,
    1939, and June 25, 1948 (28 U.S.C. 1582, 1583), the court 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 trial
    jurisdiction of the former Court of Claims, as provided for in 28 U.S.C.
    1491 et seq. Its name was changed to the United States Court of Federal
    Claims by the Federal Courts Administration Act of 1992 (28 U.S.C. 1
    note, 106 Stat. 4516). The court is composed of 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. 7251) 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).
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