[United States Government Manual]
[September 15, 2009]
[Pages 66-72]
[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. The territories and the Commonwealth of Puerto Rico 
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,

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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
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                  Circuit                                       Judges                       Official Station
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                                        District of Columbia Circuit (11)
 
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(Clerk: Mark J. Langer;                      Circuit Justice
Circuit Executive: Elizabeth H. Paret;       Chief Justice John G. Roberts, Jr.
Washington, DC)
                                             Circuit Judges
                                             David Bryan Sentelle, Chief Judge            Washington, DC
                                             Douglas H. Ginsburg                          Washington, DC
                                             Karen LeCraft Henderson                      Washington, DC
                                             Judith W. Rogers                             Washington, DC
                                             David S. Tatel                               Washington, DC
                                             Merrick B. Garland                           Washington, DC
                                             Janice Rogers Brown                          Washington, DC
                                             Thomas B. Griffith                           Washington, DC
                                             Brett M. Kavanaugh                           Washington, DC

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                                             (2 vacancies)
 
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                                                First Circuit (6)
 
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Districts of Maine, New                      Circuit Justice
Hampshire, Massachusetts,                    Justice Stephen G. Breyer
Rhode Island, and Puerto Rico
(Clerk: Richard C. Donovan;                  Circuit Judges
Circuit Executive:                           Sandra L. Lynch, Chief Judge                 Boston, MA
Gary Wente;                                  Juan R. Torruella                            San Juan, PR
                                             Michael Boudin,                              Boston, MA
                                             Kermit V. Lipez                              Portland, ME
                                             Jeffrey R. Howard                            Concord, NH
                                             (vacancy)
 
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                                               Second Circuit (13)
 
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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                             Dennis G. Jacobs, Chief Judge                New York, NY
(Clerk: Catherine O'Hagan Wolfe;             Jose A. Cabranes                             New Haven, CT
Circuit Executive: Karen Greve Milton;       Rosemary S. Pooler                           Syracuse, NY
New York, NY)                                Robert A. Katzmann                           New York, NY
                                             Barrington D. Parker, Jr.                    New York, NY
                                             Reena Raggi                                  Brooklyn, NY
                                             Richard C. Wesley                            Geneseo, NY
                                             Peter W. Hall                                Rutland, VT
                                             Debra Ann Livingston                         New York, NY
                                             (4 vacancies)
 
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                                               Third Circuit (14)
 
----------------------------------------------------------------------------------------------------------------
Districts of New Jersey,                     Circuit Justice
eastern Pennsylvania,                        Justice Samuel A. Alito, Jr.
middle Pennsylvania,
western Pennsylvania,                        Circuit Judges
Delaware, and the Virgin                     Anthony J. Scirica, Chief Judge              Philadelphia, PA
Islands                                      Dolores Korman Sloviter                      Philadelphia, PA
(Clerk: Marcia M. Waldron;                   Theodore A. McKee                            Philadelphia, PA
Circuit Executive:                           Marjorie O. Rendell                          Philadelphia, PA
Toby D. Slawsky;                             Maryanne Trump Barry                         Newark, NJ
Philadelphia, PA)                            Thomas L. Ambro                              Wilmington, DE
                                             Julio M. Fuentes                             Newark, NJ
                                             D. Brooks Smith                              Duncansville, PA
                                             D. Michael Fisher                            Pittsburg, PA
                                             Michael A. Chagares                          Newark, NJ
                                             Kent A. Jordan                               Wilmington, DE
                                             Thomas M. Hardiman                           Pittsburgh, PA
                                             (2 vacancies)
 
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                                               Fourth Circuit (15)
 
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Districts of Maryland,                       Circuit Justice
northern West Virginia,                      Chief Justice John G. Roberts, Jr.
southern West Virginia,
eastern Virginia, western
Virginia, eastern North                      Circuit Judges
Carolina, western North                      William B. Traxler, Jr., Chief Judge         Greenville, SC
Carolina, middle North                       James Harvie Wilkinson III                   Charlottesville, VA
Carolina, and South                          Paul V. Niemeyer                             Baltimore, MD
Carolina                                     M. Blane Michael                             Charleston, WV
(Clerk: Patricia S. Connor;                  Diana Gribbon Motz                           Baltimore, MD
Circuit Executive:                           Robert B King                                Charleston, WV
Samuel W. Phillips;                          Roger L Gregory                              Richmond, VA
Richmond, VA)                                Dennis W. Shedd                              Columbia, SC
                                             Allyson K. Duncan                            Raleigh, NC
                                             G. Steven Agee                               Salem, VA
                                             (5 vacancies)
 
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                                               Fifth Circuit (17)
 
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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                     Edith Hollan Jones,Chief Judge               Houston, TX
Texas, eastern Texas, and                    Carolyn Dineen King                          Houston, TX
western Texas                                E. Grady Jolly                               Jackson, MS
(Clerk: Charles R. Fulbruge III;             W. Eugene Davis                              Lafayette, LA
Circuit Executive:                           Jerry Edwin Smith                            Houston, TX
Gregory A. Nussel;                           Jacques L. Wiener, Jr.                       New Orleans, LA
New Orleans, LA)                             Emilio M. Garza                              San Antonio, TX
                                             Fortunado P. Benavides                       Austin, TX
                                             Carl E. Stewart                              Shreveport, LA
                                             James L. Dennis                              New Orleans, LA
                                             Edith Brown Clement                          New Orleans, LA
                                             Edward C. Prado                              San Antonio, TX
                                             Priscilla Richman Owen                       Austin, TX
                                             Jennifer Walker Elrod                        Houston, TX
                                             Leslie H. Southwick                          Jackson, MS
                                             Catharina Haynes                             Dallas, TX
                                             (vacancy)
 
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                                               Sixth Circuit (16)
 
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Districts of northern Ohio,                  Circuit Justice
southern Ohio, eastern                       Justice John Paul Stevens
Michigan, western
Michigan, eastern Kentucky,                  Circuit Judges
western Kentucky, eastern                    Danny J. Boggs, Chief Judge                  Louisville, KY
Tennessee, middle Tennessee,                 Boyce F. Martin, Jr.                         Louisville, KY
and western Tennessee                        Alice M. Batchelder                          Medina, OH
(Clerk: Leonard Green;                       Karen Nelson Moore                           Cleveland, OH
Circuit Executive:                           Ransey Guy Cole, Jr.                         Columbus, OH
Clarence G. Maddox II;                       Eric L. Clay                                 Detroit, MI
Cincinnati, OH)                              Ronald Lee Gilman                            Memphis, TN
                                             Julia Smith Gibbons                          Memphis, TN
                                             John M. Rogers                               Lexington, KY
                                             Jeffrey S. Sutton                            Columbus, OH
                                             Deborah L. Cook                              Akron, OH
                                             David W. McKeague                            Lansing, MI
                                             Richard A. Griffin                           Traverse City, MI
                                             Raymond M. Kethledge                         Detroit, MI
                                             Helene N. White                              Detroit, MI
                                             (vacancy)
 
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                                              Seventh Circuit (11)
 
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Districts of northern Indiana,               Circuit Justice
southern Indiana, northern                   Justice John Paul Stevens
Illinois, central Illinois,
southern Illinois, eastern                   Circuit Judges
Wisconsin, and western                       Frank H. Easterbrook, Chief Judge            Chicago, IL
Wisconsin                                    Richard A. Posner                            Chicago, IL
(Clerk: Gino J. Agnello;                     Joel M. Flaum                                Chicago, IL
Circuit Executive:                           Michael S. Kanne                             Lafayette, IN
Collins T. Fitzpatrick;                      Ilana Diamond Rovner                         Chicago, IL
Chicago, IL)                                 Diane P. Wood                                Chicago, IL
                                             Terence T. Evans                             Milwaukee, WI
                                             Ann C. Williams                              Chicago, IL
                                             Diane S. Sykes                               Milwaukee, WI
                                             John Daniel Tinder                           Indianapolis, IN
                                             (vacancy)
 
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                                               Eighth Circuit (11)
 
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Districts of Minnesota,                      Circuit Justice
northern Iowa, southern                      Justice Samuel A. Alito, Jr.
Iowa, eastern Missouri,
western Missouri, eastern                    Circuit Judges
Arkansas, western Arkansas,                  James B. Loken, Chief Judge                  Minneapolis, MN
Nebraska, North Dakota,                      Roger L. Wollman                             Sioux Falls, SD

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and South Dakota                             Diana E. Murphy                              Minneapolis, MN
(Clerk: Michael Ellis Gans;                  Kermit E. Bye                                Fargo, ND
Circuit Executive:                           William Jay Riley                            Omaha, NE
Millie B. Adams;                             Michael J. Melloy                            Cedar Rapids, IA
St. Louis, MO)                               Lavenski R. Smith                            Little Rock, AR
                                             Steven M. Colloton                           Des Moines, IA
                                             Raymond W. Gruender                          St. Louis, MO
                                             William Duane Benton                         Kansas City, MO
                                             Bobby E. Shepherd                            El Dorado, AR
 
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                                               Ninth Circuit (29)
 
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Districts of northern                        Circuit Justice
California, eastern                          Justice Anthony M. Kennedy
California, central California,
southern California, Oregon,                 Circuit Judges
Nevada, Montana, eastern                     Alex Kozinski, Chief Judge                   Pasadena, CA
Washington, western                          Mary M. Schroeder                            Phoenix, AZ
Washington, Idaho, Arizona,                  Harry Pregerson                              Woodland Hills, CA
Alaska, Hawaii, Territory                    Stephen Reinhardt                            Los Angeles, CA
of Guam, and District                        Diarmuid F. O'Scannlain                      Portland, OR
Court for the Northern                       Pamela Ann Rymer                             Pasadena, CA
Mariana Islands                              Andrew J. Kleinfeld                          Fairbanks, AK
(Clerk: Molly Dwyer;                         Michael Daly Hawkins                         Phoenix, AZ
Circuit Executive:                           Sidney R. Thomas                             Billings, MT
Cathy A. Catterson;                          Barry G. Silverman                           Phoenix, AZ
San Francisco, CA)                           Susan P. Graber                              Portland, OR
                                             M. Margaret McKeown                          San Diego, CA
                                             Kim M. Wardlaw                               Pasadena, CA
                                             William A. Fletcher                          San Francisco, CA
                                             Raymond C. Fisher                            Pasadena, CA
                                             Ronald M. Gould                              Seattle, WA
                                             Richard A. Paez                              Pasadena, CA
                                             Marsha S. Berzon                             San Francisco, CA
                                             Richard C. Tallman                           Seattle, WA
                                             Johnnie B. Rawlinson                         Las Vegas, NV
                                             Richard R. Clifton                           Honolulu, HI
                                             Jay S. Bybee                                 Las Vegas, NV
                                             Consuelo Maria Callahan                      Sacramento, CA
                                             Carlos T. Bea                                San Francisco, CA
                                             Milan D. Smith, Jr.                          El Segundo, CA
                                             Sandra S. Ikuta                              Pasadena, CA
                                             Norman Randy Smith                           Pocatello, ID
                                             (2 vacancies)
 
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                                               Tenth Circuit (12)
 
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Districts of Colorado,                       Circuit Justice
Wyoming, Utah, Kansas,                       Justice Stephen G. Breyer
eastern Oklahoma, western
Oklahoma, northern                           Circuit Judges
Oklahoma, and New                            Robert H. Henry,Chief Judge                  Oklahoma City, OK
Mexico                                       Deanell Reece Tacha                          Lawrence, KS
(Clerk: Elisabeth A. Shumaker;               Paul J. Kelly, Jr.                           Santa Fe, NM
Circuit Executive:                           Mary Beck Briscoe                            Lawrence, KS
David J. Tighe;                              Carlos F. Lucero                             Denver, CO
Denver, CO)                                  Michael R. Murphy                            Salt Lake City, UT
                                             Harris L. Hartz                              Albuquerque, NM
                                             Terrence L. O'Brien                          Cheyenne, WY
                                             Michael W. McConnell                         Salt Lake City, UT
                                             Timothy M. Tymkovich                         Denver, CO
                                             Neil M. Gorusch                              Denver, CO
                                             Jerome A. Holmes                             Oklahoma City, OK
 
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                                              Eleventh Circuit (12)
 
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Districts of northern                        Circuit Justice
Georgia, middle Georgia,                     Justice Clarence Thomas
southern Georgia, northern
Florida, middle Florida,                     Circuit Judges
southern Florida, northern                   Joel F. Dubina, Chief Judge                  Montgomery, GA
Alabama, middle Alabama,                     Gerald B. Tjoflat                            Jacksonville, FL
southern Alabama                             James Larry Edmondson                        Atlanta, GA

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(Clerk: Thomas K. Kahn;                      Stanley F. Birch, Jr.                        Atlanta, GA
Circuit Executive:                           Susan H. Black                               Jacksonville, FL
James P. Gerstenlauer;                       Edward E. Carnes                             Montgomery, AL
Atlanta, GA)                                 Rosemary Barkett                             Miami, FL
                                             Frank Mays Hull                              Atlanta, GA
                                             Stanley Marcus                               Miami, FL
                                             Charles R. Wilson                            Tampa, FL
                                             William H. Pryor, Jr.                        Birmingham, Al
                                             (vacancy)
 
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                                              Federal Circuit (12)
 
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(Clerk: Jan Horbaly)                         Circuit Justice
                                             Chief Justice John G. Roberts, Jr.
 
                                             Judges
                                             Paul R. Michel, Chief Judge                  Washington, DC
                                             Pauline Newman                               Washington, DC
                                             Haldane Robert Mayer                         Washington, DC
                                             Alan D. Lourie                               Washington, DC
                                             Randall R. Rader                             Washington, DC
                                             Alvin A. Schall                              Washington, DC
                                             William C. Bryson                            Washington, DC
                                             Arthur J. Gajarsa                            Washington, DC
                                             Richard Linn                                 Washington, DC
                                             Timothy B. Dyk                               Washington, DC
                                             Sharon Prost                                 Washington, DC
                                             Kimberly Moore                               Washington, DC
----------------------------------------------------------------------------------------------------------------

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 645 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 future 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

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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 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.