[United States Government Manual] [June 15, 2003] [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. 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 [[Page 69]] judges hold their offices during good behavior as provided by Article III, section 1, of the Constitution. The judge senior in commission who is under 70 years of age (65 at inception of term), has been in office at least 1 year, and has not previously been chief judge, serves as the chief judge of the circuit for a 7-year term. One of the justices of the Supreme Court is assigned as circuit justice for each of the 13 judicial circuits. Each court of appeals normally hears cases in panels consisting of three judges but may sit en banc with all judges present. The judges of each circuit (except the Federal Circuit) by vote determine the size of the judicial council for the circuit, which consists of the chief judge and an equal number of circuit and district judges. The council considers the state of Federal judicial business in the circuit and may ``make all necessary and appropriate orders for [its] effective and expeditious administration . . .'' (28 U.S.C. 332). The chief judge of each circuit may summon periodically a judicial conference of all judges of the circuit, including members of the bar, to discuss the business of the Federal courts of the circuit (28 U.S.C. 333). The chief judge of each circuit and a district judge elected from each of the 12 geographical circuits, together with the chief judge of the Court of International Trade, serve as members of the Judicial Conference of the United States, over which the Chief Justice of the United States presides. This is the governing body for the administration of the Federal judicial system as a whole (28 U.S.C. 331). United States Court of Appeals for the Federal Circuit This court was established under Article III of the Constitution pursuant to the Federal Courts Improvement Act of 1982 (28 U.S.C. 41, 44, 48), as successor to the former United States Court of Customs and Patent Appeals and the United States Court of Claims. The jurisdiction of the court is nationwide (as provided by 28 U.S.C. 1295) and includes appeals from the district courts in patent cases; appeals from the district courts in contract, and certain other civil actions in which the United States is a defendant; and appeals from final decisions of the U.S. Court of International Trade, the U.S. Court of Federal Claims, and the U.S. Court of 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 [[Page 70]] Merrick B. Garland Washington, DC John G. Roberts, Jr. Washington, DC (3 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 Jeffrey R. Howard Concord, NH ---------------------------------------------------------------------------------------------------------------- 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; Dennis G. Jacobs New York, NY Circuit Executive: Karen G. Milton; Guido Calabresi New Haven, CT New York, NY) 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 Reena Raggi New York, NY Richard C. Wesley New York, NY ---------------------------------------------------------------------------------------------------------------- Third Circuit ---------------------------------------------------------------------------------------------------------------- Districts of New Jersey, Circuit Justice eastern Pennsylvania, Justice David H. Souter 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; Richard Lowell Nygaard Erie, PA Circuit Executive: Samuel A. Alito, Jr. Newark, NJ Toby D. Slawsky; Jane R. Roth Wilmington, DE Philadelphia, PA) 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 D. Brooks Smith Johnstown, PA Michael Chertoff Philadelphia, PA (vacancy) ---------------------------------------------------------------------------------------------------------------- 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 William W. Wilkins, Jr., Chief Judge Greenville, SC Carolina, western North James Harvie Wilkinson III Charlottesville, VA Carolina, middle North H. Emory Widener, Jr. Abingdon, VA 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 [[Page 71]] William B. Traxler, Jr. Greenville, SC Roger L. Gregory Richmond, VA Dennis W. Shedd Columbia, SC (3 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 James L. Dennis New Orleans, LA Edith Brown Clement New Orleans, LA Edward C. Prado San Antonio, TX (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 Julia Smith Gibbons Memphis, TN John M. Rogers Lexington, KY Jeffrey S. Sutton Columbus, OH Deborah L. Cook Akron, OH (4 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, James B. Loken, Chief Judge Minneapolis, MN [[Page 72]] Nebraska, North Dakota, David R. Hansen Cedar Rapids, IA and South Dakota Roger L. Wollman Sioux Falls, SD (Clerk: Michael Ellis Gans; Theodore McMillian St. Louis, MO Circuit Executive: Pasco M. Bowman II Kansas City, MO Millie B. Adams; Morris S. Arnold Little Rock, AR St. Louis, MO) Diana E. Murphy Minneapolis, MN Kermit E. Bye Fargo, ND William Jay Riley Omaha, NE Michael J. Melloy Cedar Rapids, IA Lavenski R. Smith Little Rock, AR ---------------------------------------------------------------------------------------------------------------- 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 Pamela A. Rymer Pasadena, CA (Clerk: Cathy A. Catterson; Thomas G. Nelson Boise, ID Circuit Executive: Andrew J. Kleinfeld Fairbanks, AK Gregory B. Walters; Michael D. Hawkins Phoenix, AZ San Francisco, CA) 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 Richard R. Clifton Honolulu, HI Jay S. Bybee Las Vegas, NV Consuelo Maria Callahan Sacramento, CA (2 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 Terrence L. O'Brien Cheyenne, WY Michael W. McConnell Salt Lake City, UT Timothy M. Tymkovich Denver, CO ---------------------------------------------------------------------------------------------------------------- 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 [[Page 73]] (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) ---------------------------------------------------------------------------------------------------------------- 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 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 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 [[Page 74]] 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.