[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

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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
 
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(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

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                                             (4 vacancies)
 
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                                                  First Circuit
 
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Districts of Maine, New                      Circuit Justice
Hampshire, Massachusetts,                    Justice David H. Souter
Rhode Island, and Puerto Rico
(Clerk: Richard C. Donovan;                  Circuit Judges
Circuit Executive:                           Michael Boudin, Chief Judge                  Boston, MA
Gary Wente;                                  Juan R. Torruella                            San Juan, PR
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)
 
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                                                 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

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                                             (4 vacancies)
 
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                                                  Fifth Circuit
 
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Districts of northern                        Circuit Justice
Mississippi, southern Mississippi,           Justice Antonin Scalia
eastern Louisiana, middle
Louisiana, western Louisiana,                Circuit Judges
northern Texas, southern                     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

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                                             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)
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                     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

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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.