    [United States Government Manual]
    [June 01, 2002]
    [Pages 68-74]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Lower Courts

    Article III of the Constitution declares, in section 1, that the
    judicial power of the United States shall be invested in one Supreme
    Court and in ``such inferior Courts as the Congress may from time to
    time ordain and establish.'' The Supreme Court has held that these
    constitutional courts ``. . . share in the exercise of the judicial
    power defined in that section, can be invested with no other
    jurisdiction, and have judges who hold office during good behavior, with
    no power in Congress to provide otherwise.''

    United States Courts of Appeals  The courts of appeals are intermediate
    appellate courts created by act of March 3, 1891 (28 U.S.C. ch. 3), to
    relieve the Supreme Court of considering all appeals in cases originally
    decided by the Federal trial courts. They are empowered to review all
    final decisions and certain 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

    [[Page 69]]

    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 Appeals for Veterans Claims. The jurisdiction of the court
    also includes the review of administrative rulings by the Patent and
    Trademark Office, U.S. International Trade Commission, Secretary of
    Commerce, agency boards of contract appeals, and the Merit Systems
    Protection Board, as well as rulemaking of the Department of Veterans
    Affairs; review of decisions of the U.S. Senate Select Committee on
    Ethics concerning discrimination claims of Senate employees; and review
    of a final order of an entity to be designated by the President
    concerning discrimination claims of Presidential appointees.
        The court consists of 12 circuit judges. It sits in panels of three
    or more on each case and may also hear or rehear a case en banc. The
    court sits principally in Washington, DC, and may hold court wherever
    any court of appeals sits (28 U.S.C. 48).

                                   Judicial Circuits--United States Courts of Appeals
    ----------------------------------------------------------------------------------------------------------------
                      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
                                                 Douglas H. Ginsburg, Chief Judge             Washington, DC
                                                 Harry T. Edwards                             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

    [[Page 70]]

                                                 (4 vacancies)

    ----------------------------------------------------------------------------------------------------------------
                                                      First Circuit

    ----------------------------------------------------------------------------------------------------------------
    Districts of Maine, New                      Circuit Justice
    Hampshire, Massachusetts,                    Justice David H. Souter
    Rhode Island, and Puerto Rico
    (Clerk: Richard C. Donovan;                  Circuit Judges
    Circuit Executive:                           Michael Boudin, Chief Judge                  Boston, MA
    Gary Wente;                                  Juan R. Torruella                            San Juan, PR
    Boston, MA)                                  Bruce M. Selya                               Providence, RI
                                                 Sandra L. Lynch                              Boston, MA
                                                 Kermit V. Lipez                              Portland, ME
                                                 (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                             John M. Walker, Jr., Chief Judge             New Haven, CT
    (Clerk: Roseann B. MacKechnie;               Amalya Lyle Kearse                           New York, NY
    Circuit Executive: Karen G. Milton;          Dennis G. Jacobs                             New York, NY
    New York, NY)                                Pierre N. Leval                              New York, NY
                                                 Guido Calabresi                              New Haven, CT
                                                 Jose A. Cabranes                             New Haven, CT
                                                 Fred I. Parker                               Burlington, VT
                                                 Rosemary S. Pooler                           Syracuse, NY
                                                 Robert D. Sack                               New York, NY
                                                 Sonia Sotomayor                              New York, NY
                                                 Chester J. Straub                            New York, NY
                                                 Robert A. Katzmann                           New York, NY
                                                 Barrington D. Parker, Jr.                    White Plains, NY
                                                 (vacancy)

    ----------------------------------------------------------------------------------------------------------------
                                                      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: Marcia M. Waldron;                   Anthony J. Scirica                           Philadelphia, PA
    Circuit Executive:                           Richard Lowell Nygaard                       Erie, PA
    Toby D. Slawsky;                             Samuel A. Alito, Jr.                         Newark, NJ
    Philadelphia, PA)                            Jane R. Roth                                 Wilmington, DE
                                                 Thomas L. Ambro                              Wilmington, DE
                                                 Theodore A. McKee                            Philadelphia, PA
                                                 Marjorie O. Rendell                          Philadelphia, PA
                                                 Maryanne Trump Barry                         Newark, NJ
                                                 Julio M. Fuentes                             Newark, NJ
                                                 (3 vacancies)

    ----------------------------------------------------------------------------------------------------------------
                                                     Fourth Circuit

    ----------------------------------------------------------------------------------------------------------------
    Districts of Maryland,                       Circuit Justice
    northern West Virginia,                      Chief Justice William H. Rehnquist
    southern West Virginia,
    eastern Virginia, western                    Circuit Judges
    Virginia, eastern North                      James Harvie Wilkinson III, Chief Judge      Charlottesville, VA
    Carolina, middle North                       H. Emory Widener, Jr.                        Abingdon, VA
    Carolina, western North                      William W. Wilkins, Jr.                      Greenville, SC
    Carolina, and South                          Paul V. Niemeyer                             Baltimore, MD
    Carolina                                     J. Michael Luttig                            Alexandria, VA
    (Clerk: Patricia S. Connor;                  Karen J. Williams                            Orangeburg, SC
    Circuit Executive:                           M. Blane Michael                             Charleston, WV
    Samuel W. Phillips;                          Diana Gribbon Motz                           Baltimore, MD
    Richmond, VA)                                Robert B. King                               Charleston, WV
                                                 William B. Traxler, Jr.                      Greenville, SC
                                                 Roger L. Gregory                             Richmond, VA

    [[Page 71]]

                                                 (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                     Carolyn Dineen King, Chief Judge             Houston, TX
    Texas, eastern Texas, and                    E. Grady Jolly                               Jackson, MS
    western Texas                                Patrick E. Higginbotham                      Dallas, TX
    (Clerk: Charles R. Fulbruge III;             W. Eugene Davis                              Lafayette, LA
    Circuit Executive:                           Edith H. Jones                               Houston, TX
    Gregory A. Nussel;                           Jerry Edwin Smith                            Houston, TX
    New Orleans, LA)                             Rhesa H. Barksdale                           Jackson, MS
                                                 Jacques L. Wiener, Jr.                       New Orleans, LA
                                                 Emilio M. Garza                              San Antonio, TX
                                                 Harold R. Demoss, Jr.                        Houston, TX
                                                 Fortunado P. Benavides                       Austin, TX
                                                 Carl E. Stewart                              Shreveport, LA
                                                 Robert M. Parker                             Tyler, TX
                                                 James L. Dennis                              New Orleans, LA
                                                 Edith Brown Clement                          New Orleans, LA
                                                 (2 vacancies)

    ----------------------------------------------------------------------------------------------------------------
                                                      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,                 Danny J. Boggs                               Louisville, KY
    and western Tennessee                        Alice M. Batchelder                          Medina, OH
    (Clerk: Leonard Green;                       Martha Craig Daughtrey                       Nashville, TN
    Circuit Executive:                           Karen Nelson Moore                           Cleveland, OH
    James A. Higgins;                            Ransey Guy Cole, Jr.                         Columbus, OH
    Cincinnati, OH)                              Eric L. Clay                                 Detroit, MI
                                                 Ronald Lee Gilman                            Memphis, TN
                                                 (8 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                       Joel M. Flaum, Chief Judge                   Chicago, IL
    Wisconsin                                    Richard A. Posner                            Chicago, IL
    (Clerk: Gino J. Agnello;                     John L. Coffey                               Milwaukee, WI
    Circuit Executive:                           Frank H. Easterbrook                         Chicago, IL
    Collins T. Fitzpatrick;                      Kenneth F. Ripple                            South Bend, IN
    Chicago, IL)                                 Daniel A. Manion                             South Bend, IN
                                                 Michael S. Kanne                             Lafayette, IN
                                                 Ilana Diamond Rovner                         Chicago, IL
                                                 Diane P. Wood                                Chicago, IL
                                                 Terence T. Evans                             Milwaukee, WI
                                                 Ann C. Williams                              Chicago, IL

    ----------------------------------------------------------------------------------------------------------------
                                                     Eighth Circuit

    ----------------------------------------------------------------------------------------------------------------
    Districts of Minnesota,                      Circuit Justice
    northern Iowa, southern                      Justice Clarence Thomas
    Iowa, eastern Missouri,
    western Missouri, eastern                    Circuit Judges
    Arkansas, western Arkansas,                  David R. Hansen, Chief Judge                 Cedar Rapids, IA
    Nebraska, North Dakota,                      Roger L. Wollman                             Sioux Falls, SD
    and South Dakota                             Theodore McMillian                           St. Louis, MO
    (Clerk: Michael Ellis Gans;                  Pasco M. Bowman II                           Kansas City, MO
    Circuit Executive:                           James B. Loken                               Minneapolis, MN
    Millie B. Adams;                             Morris S. Arnold                             Little Rock, AR
    St. Louis, MO)                               Diana E. Murphy                              Minneapolis, MN
                                                 Kermit E. Bye                                Fargo, ND

    [[Page 72]]

                                                 William Jay Riley                            Omaha, NE
                                                 Michael J. Melloy                            Cedar Rapids, IA
                                                 (Vacancy)

    ----------------------------------------------------------------------------------------------------------------
                                                      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                     Mary M. Schroeder, Chief Judge               Phoenix, AZ
    Washington, western                          Harry Pregerson                              Woodland Hills, CA
    Washington, Idaho, Arizona,                  Stephan Reinhardt                            Los Angeles, CA
    Alaska, Hawaii, Territory                    Alex Kozinski                                Pasadena, CA
    of Guam, and District                        Diarmuid F. O'Scannlain                      Portland, OR
    Court for the Northern                       Stephen S. Trott                             Boise, ID
    Mariana Islands                              Ferdinand F. Fernandez                       Pasadena, CA
    (Clerk: Cathy A. Catterson;                  Pamela A. Rymer                              Pasadena, CA
    Circuit Executive:                           Thomas G. Nelson                             Boise, ID
    Gregory B. Walters;                          Andrew J. Kleinfeld                          Fairbanks, AK
    San Francisco, CA)                           Michael D. Hawkins                           Phoenix, AZ
                                                 A. Wallace Tashima                           Pasadena, CA
                                                 Sidney R. Thomas                             Billings, MT
                                                 Barry G. Silverman                           Phoenix, AZ
                                                 William A. Fletcher                          San Francisco, CA
                                                 Susan P. Graber                              Portland, OR
                                                 M. Margaret McKeown                          Seattle, WA
                                                 Ronald M. Gould                              Seattle, WA
                                                 Kim M. Wardlaw                               Pasadena, CA
                                                 Raymond C. Fisher                            Pasadena, CA
                                                 Richard A. Paez                              Pasadena, CA
                                                 Marsha L. Berzon                             San Francisco, CA
                                                 Richard C. Tallman                           Seattle, WA
                                                 Johnnie B. Rawlinson                         Las Vegas, NV
                                                 (4 vacancies)

    ----------------------------------------------------------------------------------------------------------------
                                                      Tenth Circuit

    ----------------------------------------------------------------------------------------------------------------
    Districts of Colorado,                       Circuit Justice
    Wyoming, Utah, Kansas,                       Justice Stephen G. Breyer
    eastern Oklahoma, western
    Oklahoma, northern                           Circuit Judges
    Oklahoma, and New                            Deanell Reece Tacha, Chief Judge             Lawrence, KS
    Mexico                                       Stephanie K. Seymour                         Tulsa, OK
    (Clerk: Patrick J. Fisher;                   David M. Ebel                                Denver, CO
    Circuit Executive:                           Paul J. Kelly, Jr.                           Santa Fe, NM
    Betsy Shumaker;                              Robert H. Henry                              Oklahoma City, OK
    Denver, CO)                                  Mary Beck Briscoe                            Lawrence, KS
                                                 Carlos F. Lucero                             Denver, CO
                                                 Michael R. Murphy                            Salt Lake City, UT
                                                 Harris L. Hartz                              Albuquerque, NM
                                                 (3 vacancies)

    ----------------------------------------------------------------------------------------------------------------
                                                    Eleventh Circuit

    ----------------------------------------------------------------------------------------------------------------
    Districts of northern                        Circuit Justice
    Georgia, middle Georgia,                     Justice Anthony M. Kennedy
    southern Georgia, northern
    Florida, middle Florida,                     Circuit Judges
    southern Florida, northern                   J. L. Edmondson, Chief Judge                 Atlanta, GA
    Alabama, middle Alabama,                     R. Lanier Anderson III                       Macon, GA
    southern Alabama                             Gerald B. Tjoflat                            Jacksonville, FL
    (Clerk: Thomas K. Kahn;                      Stanley F. Birch, Jr.                        Atlanta, GA
    Circuit Executive:                           Joel F. Dubina                               Montgomery, AL
    Norman E. Zoller;                            Susan H. Black                               Jacksonville, FL
    Atlanta, GA)                                 Edward E. Carnes                             Montgomery, AL
                                                 Rosemary Barkett                             Miami, FL
                                                 Frank Mays Hull                              Atlanta, GA
                                                 Stanley Marcus                               Miami, FL
                                                 Charles R. Wilson                            Tampa, FL
                                                 (vacancy)
    ----------------------------------------------------------------------------------------------------------------

    [[Page 73]]

                         Federal Circuit--Washington, DC
    Circuit Justice
      Chief Justice William H. Rehnquist

    Chief Judge
      Haldane Robert Mayer

    Judges

      Pauline Newman
      Paul R. Michel
      Alan D. Lourie
      Raymond C. Clevenger III
      Randall R. Rader
      Alvin A. Schall
      William C. Bryson
      Arthur J. Gajarsa
      Richard Linn
      Timothy B. Dyk
      Sharon Prost

        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 661 permanent district judgeships in the 50 States and 15 in
    the District of Columbia. There are 7 district judgeships in Puerto
    Rico. District judges hold their offices during good behavior as
    provided by Article III, section 1, of the Constitution. However,
    Congress may create temporary judgeships for a court with the provision
    that when a vacancy occurs in that district, such vacancy shall not be
    filled. Each district court has one or more United States magistrate
    judges and bankruptcy judges, a clerk, a United States attorney, a
    United States marshal, probation officers, court reporters, and their
    staffs. The jurisdiction of the district courts is set forth in title
    28, chapter 85, of the United States Code and at 18 U.S.C. 3231.
        Cases from the district courts are reviewable on appeal by the
    applicable court of appeals.

    Territorial Courts  Pursuant to its authority to govern the Territories
    (art. IV, sec. 3, clause 2, of the Constitution), Congress has
    established district courts in the territories of Guam and the Virgin
    Islands. The District Court of the Canal Zone was abolished on April 1,
    1982, pursuant to the Panama Canal Act of 1979 (22 U.S.C. 3601 note).
    Congress has also established a district court in the Northern Mariana
    Islands, which presently is administered by the United States under a
    trusteeship agreement with the United Nations. These Territorial courts
    have jurisdiction not only over the subjects described in the judicial
    article of the Constitution but also over many local matters that,
    within the States, are decided in State courts. The district court of
    Puerto Rico, by contrast, is established under Article III, is
    classified like other ``district courts,'' and is called a ``court of
    the United States'' (28 U.S.C. 451). There is one judge each in Guam and
    the Northern Mariana Islands, and two in the Virgin Islands. The judges
    in these courts are appointed for terms of 10 years.

    For further information concerning the lower courts, contact the
    Administrative Office of the United States Courts, Thurgood Marshall
    Federal Judiciary Building, One Columbus Circle NE., Washington, DC
    20544. Phone, 202-502-2600.

    United States Court of International Trade  This court was originally
    established as the Board of United States General Appraisers by act of
    June 10, 1890, which conferred upon it jurisdiction theretofore held by
    the district and circuit courts in actions arising under the tariff acts
    (19 U.S.C. ch. 4). The act of May 28, 1926 (19 U.S.C. 405a), created the
    United States Customs Court to supersede the Board; by acts of August 7,
    1939, and June 25, 1948 (28 U.S.C. 1582, 1583), the court

    [[Page 74]]

    was integrated into the United States court structure, organization, and
    procedure. The act of July 14, 1956 (28 U.S.C. 251), established the
    court as a court of record of the United States under Article III of the
    Constitution. The Customs Court Act of 1980 (28 U.S.C. 251) constituted
    the court as the United States Court of International Trade.
        The Court of International Trade has jurisdiction over any civil
    action against the United States arising from Federal laws governing
    import transactions. This includes classification and valuation cases,
    as well as authority to review certain agency determinations under the
    Trade Agreements Act of 1979 (19 U.S.C. 2501) involving antidumping and
    countervailing duty matters. In addition, it has exclusive jurisdiction
    of civil actions to review determinations as to the eligibility of
    workers, firms, and communities for adjustment assistance under the
    Trade Act of 1974 (19 U.S.C. 2101). Civil actions commenced by the
    United States to recover customs duties, to recover on a customs bond,
    or for certain civil penalties alleging fraud or negligence are also
    within the exclusive jurisdiction of the court.
        The court is composed of a chief judge and eight judges, not more
    than five of whom may belong to any one political party. Any of its
    judges may be temporarily designated and assigned by the Chief Justice
    of the United States to sit as a court of appeals or district court
    judge in any circuit or district. The court has a clerk and deputy
    clerks, a librarian, court reporters, and other supporting personnel.
    Cases before the court may be tried before a jury. Under the Federal
    Courts Improvement Act of 1982 (28 U.S.C. 1295), appeals are taken to
    the U.S. Court of Appeals for the Federal Circuit, and ultimately review
    may be sought in appropriate cases in the Supreme Court of the United
    States.
        The principal offices are located in New York, NY, but the court is
    empowered to hear and determine cases arising at any port or place
    within the jurisdiction of the United States.

    For further information, contact the Clerk, United States Court of
    International Trade, One Federal Plaza, New York, NY 10278-0001. Phone,
    212-264-2814.

    Judicial Panel on Multidistrict Litigation  The Panel, created by act of
    April 29, 1968 (28 U.S.C. 1407), and consisting of seven Federal judges
    designated by the Chief Justice from the courts of appeals and district
    courts, is authorized to temporarily transfer to a single district, for
    coordinated or consolidated pretrial proceedings, civil actions pending
    in different districts that involve one or more common questions of
    fact.

    For further information, contact the Clerk, Judicial Panel on
    Multidistrict Litigation, Room G-255, Thurgood Marshall Federal
    Judiciary Building, One Columbus Circle NE., Washington, DC 20002-8041.
    Phone, 202-502-2800.