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Home , Alan David Lourie, Alvin Anthony Schall, Amalya Lyle Kearse, Carolyn Dineen King, Diana Gribbon Motz, Edith Brown Clement

68 U.S. GOVERNMENT MANUAL

include the Administrative Assistant to of procedure to be followed by the the Chief Justice, the Clerk, the Reporter lower courts of the . of Decisions, the Librarian, the Marshal, Court Term The term of the Court the Director of Budget and Personnel, begins on the first Monday in October the Court Counsel, the Curator, the and lasts until the first Monday in Director of Data Systems, and the Public October of the next year. Approximately 7,000 cases are filed with the Court in Information Officer. the course of a term, and some 1,200 Appellate Jurisdiction Appellate applications of various kinds are filed jurisdiction has been conferred upon the each year that can be acted upon by a Supreme Court by various statutes under single Justice. the authority given Congress by the Access to Facilities The Supreme Court Constitution. The basic statute effective is open to the public from 9 a.m. to 4:30 at this time in conferring and controlling p.m., Monday through Friday, except on jurisdiction of the Supreme Court may Federal legal holidays. Unless the Court be found in 28 U.S.C. 1251, 1253, or Chief Justice orders otherwise, the 1254, 1257–1259, and various special Clerk’s office is open from 9 a.m. to 5 statutes. Congress has no authority to p.m., Monday through Friday, except on change the original jurisdiction of this Federal legal holidays. The library is Court. open to members of the bar of the Court, Rulemaking Power Congress has from attorneys for the various Federal time to time conferred upon the departments and agencies, and Members Supreme Court power to prescribe rules of Congress.

For further information concerning the Supreme Court, contact the Public Information Office, United States Supreme Court Building, One First Street NE., Washington, DC 20543. Phone, 202–479–3211. Internet, www.supremecourtus.gov.

Lower Courts

Article III of the Constitution declares, in 28 U.S.C. 1291, 1292) of district courts. section 1, that the judicial power of the They also are empowered to review and United States shall be invested in one enforce orders of many Federal Supreme Court and in ‘‘such inferior administrative bodies. The decisions of Courts as the Congress may from time to the courts of appeals are final except as time ordain and establish.’’ The Supreme they are subject to review on writ of Court has held that these constitutional certiorari by the Supreme Court. courts ‘‘. . . share in the exercise of the The United States is divided judicial power defined in that section, geographically into 12 judicial circuits, can be invested with no other including the District of Columbia. Each jurisdiction, and have judges who hold circuit has a court of appeals (28 U.S.C. office during good behavior, with no 41, 1294). Each of the 50 States is power in Congress to provide assigned to one of the circuits, and the otherwise.’’ Territories are assigned variously to the United States Courts of Appeals The first, third, and ninth circuits. There is courts of appeals are intermediate also a Court of Appeals for the Federal appellate courts created by act of March Circuit, which has nationwide 3, 1891 (28 U.S.C. ch. 3), to relieve the jurisdiction defined by subject matter. At Supreme Court of considering all appeals present each court of appeals has from 6 in cases originally decided by the to 28 permanent circuit judgeships (179 Federal trial courts. They are empowered in all), depending upon the amount of to review all final decisions and certain judicial work in the circuit. Circuit interlocutory decisions (18 U.S.C. 3731; judges hold their offices during good

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behavior as provided by Article III, established under Article III of the section 1, of the Constitution. The judge Constitution pursuant to the Federal senior in commission who is under 70 Courts Improvement Act of 1982 (28 years of age (65 at inception of term), U.S.C. 41, 44, 48), as successor to the has been in office at least 1 year, and former United States Court of Customs has not previously been chief judge, and Patent Appeals and the United serves as the chief judge of the circuit States Court of Claims. The jurisdiction for a 7-year term. One of the justices of of the court is nationwide (as provided the Supreme Court is assigned as circuit by 28 U.S.C. 1295) and includes appeals justice for each of the 13 judicial from the district courts in patent cases; circuits. Each court of appeals normally appeals from the district courts in hears cases in panels consisting of three contract, and certain other civil actions judges but may sit with all in which the United States is a judges present. defendant; and appeals from final The judges of each circuit (except the decisions of the U.S. Court of Federal Circuit) by vote determine the International Trade, the U.S. Court of size of the judicial council for the Federal Claims, and the U.S. Court of circuit, which consists of the chief judge Appeals for Veterans Claims. The and an equal number of circuit and jurisdiction of the court also includes the district judges. The council considers the review of administrative rulings by the state of Federal judicial business in the Patent and Office, U.S. circuit and may ‘‘make all necessary and International Trade Commission, appropriate orders for [its] effective and Secretary of Commerce, agency boards expeditious administration . . .’’ (28 of contract appeals, and the Merit U.S.C. 332). The chief judge of each Systems Protection Board, as well as circuit may summon periodically a rulemaking of the Department of judicial conference of all judges of the Veterans Affairs; review of decisions of circuit, including members of the bar, to the U.S. Senate Select Committee on discuss the business of the Federal courts Ethics concerning discrimination claims of the circuit (28 U.S.C. 333). The chief of Senate employees; and review of a judge of each circuit and a district judge final order of an entity to be designated elected from each of the 12 geographical by the President concerning circuits, together with the chief judge of discrimination claims of Presidential the Court of International Trade, serve as appointees. members of the Judicial Conference of the United States, over which the Chief The court consists of 12 circuit judges. Justice of the United States presides. This It sits in panels of three or more on each is the governing body for the case and may also hear or rehear a case administration of the Federal judicial en banc. The court sits principally in system as a whole (28 U.S.C. 331). Washington, DC, and may hold court United States Court of Appeals for the wherever any court of appeals sits (28 Federal Circuit This court was 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

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Judicial Circuits—United States Courts of Appeals—Continued

Circuit Judges Official Station

(4 vacancies)

First Circuit

Districts of Maine, New Circuit Justice Hampshire, , Justice David H. Souter Rhode Island, and Puerto Rico (Clerk: Richard C. Donovan; Circuit Judges Circuit Executive: , Chief Judge , 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 , northern New Justice Ruth Bader Ginsburg York, southern , eastern New York, and Circuit Judges western New York John M. Walker, Jr., Chief Judge New Haven, CT (Clerk: Roseann B. MacKechnie; New York, NY Circuit Executive: Karen G. Milton; Dennis G. Jacobs New York, NY New York, NY) Pierre N. Leval New York, NY 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 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 , Circuit Justice eastern , 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: 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 , Circuit Justice northern West , 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 , 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; Baltimore, MD Richmond, VA) Robert B. King Charleston, WV William B. Traxler, Jr. Greenville, SC Roger L. Gregory Richmond, VA

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Judicial Circuits—United States Courts of Appeals—Continued

Circuit Judges Official Station

(4 vacancies)

Fifth Circuit

Districts of northern Circuit Justice Mississippi, southern Mississippi, Justice Antonin Scalia eastern , middle Louisiana, western Louisiana, Circuit Judges northern , southern , Chief Judge , 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; Houston, TX , 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 New Orleans, LA (2 vacancies)

Sixth Circuit

Districts of northern , Circuit Justice southern Ohio, eastern Justice John Paul Stevens , western Michigan, eastern , Circuit Judges western Kentucky, eastern Boyce F. Martin, Jr., Chief Judge Louisville, KY , middle Tennessee, Danny J. Boggs Louisville, KY and western Tennessee Alice M. Batchelder Medina, OH (Clerk: Leonard Green; Nashville, TN Circuit Executive: Cleveland, OH James A. Higgins; Ransey Guy Cole, Jr. Columbus, OH Cincinnati, OH) Eric L. Clay , MI 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 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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Judicial Circuits—United States Courts of Appeals—Continued

Circuit Judges Official Station

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) 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 , middle Florida, Circuit Judges southern Florida, northern J. L. Edmondson, Chief Judge Atlanta, GA , 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 Miami, FL Charles R. Wilson Tampa, FL (vacancy)

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Federal Circuit—Washington, DC States attorney, a United States marshal, Circuit Justice probation officers, court reporters, and Chief Justice William H. Rehnquist their staffs. The jurisdiction of the district Chief Judge courts is set forth in title 28, chapter 85, Judges of the United States Code and at 18 U.S.C. 3231. Paul R. Michel Cases from the district courts are Alan D. Lourie Raymond C. Clevenger III reviewable on appeal by the applicable Randall R. Rader court of appeals. Alvin A. Schall William C. Bryson Territorial Courts Pursuant to its Arthur J. Gajarsa authority to govern the Territories (art. Timothy B. Dyk IV, sec. 3, clause 2, of the Constitution), Congress has established district courts Clerk: Jan Horbaly in the territories of Guam and the Virgin Administrative Services Officer: Ruth A. Butler Islands. The District Court of the Canal United States District Courts The Zone was abolished on April 1, 1982, district courts are the trial courts of pursuant to the Panama Canal Act of general Federal jurisdiction. Each State 1979 (22 U.S.C. 3601 note). Congress has at least one district court, while the has also established a district court in larger States have as many as four. the Northern Mariana Islands, which Altogether there are 89 district courts in presently is administered by the United the 50 States, plus the one in the District States under a trusteeship agreement of Columbia. In addition, the with the United Nations. These Commonwealth of Puerto Rico has a Territorial courts have jurisdiction not district court with jurisdiction only over the subjects described in the corresponding to that of district courts in judicial article of the Constitution but the various States. also over many local matters that, within At present, each district court has from the States, are decided in State courts. 2 to 28 Federal district judgeships, The district court of Puerto Rico, by depending upon the amount of judicial contrast, is established under Article III, work within its territory. Only one judge is classified like other ‘‘district courts,’’ is usually required to hear and decide a and is called a ‘‘court of the United case in a district court, but in some States’’ (28 U.S.C. 451). There is one limited cases it is required that three judge each in Guam and the Northern judges be called together to comprise Mariana Islands, and two in the Virgin the court (28 U.S.C. 2284). The judge Islands. The judges in these courts are senior in commission who is under 70 appointed for terms of 10 years. years of age (65 at inception of term), For further information concerning the lower has been in office for at least 1 year, and courts, contact the Administrative Office of the has not previously been chief judge, United States Courts, Federal Judiciary Building, One Columbus Circle NE., serves as chief judge for a 7-year term. Washington, DC 20544. Phone, 202–502–2600. There are altogether 661 permanent district judgeships in the 50 States and United States Court of International 15 in the District of Columbia. There are Trade This court was originally 7 district judgeships in Puerto Rico. established as the Board of United States District judges hold their offices during General Appraisers by act of June 10, good behavior as provided by Article III, 1890, which conferred upon it section 1, of the Constitution. However, jurisdiction theretofore held by the Congress may create temporary district and circuit courts in actions judgeships for a court with the provision arising under the tariff acts (19 U.S.C. that when a vacancy occurs in that ch. 4). The act of May 28, 1926 (19 district, such vacancy shall not be filled. U.S.C. 405a), created the United States Each district court has one or more Customs Court to supersede the Board; United States magistrate judges and by acts of August 7, 1939, and June 25, bankruptcy judges, a clerk, a United 1948 (28 U.S.C. 1582, 1583), the court

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was integrated into the United States judge in any circuit or district. The court court structure, organization, and has a clerk and deputy clerks, a procedure. The act of July 14, 1956 (28 librarian, court reporters, and other U.S.C. 251), established the court as a supporting personnel. Cases before the court of record of the United States court may be tried before a jury. Under under Article III of the Constitution. The the Federal Courts Improvement Act of Customs Court Act of 1980 (28 U.S.C. 1982 (28 U.S.C. 1295), appeals are 251) constituted the court as the United taken to the U.S. Court of Appeals for States Court of International Trade. the Federal Circuit, and ultimately The Court of International Trade has review may be sought in appropriate jurisdiction over any civil action against cases in the Supreme Court of the the United States arising from Federal United States. laws governing import transactions. This The principal offices are located in includes classification and valuation New York, NY, but the court is cases, as well as authority to review empowered to hear and determine cases certain agency determinations under the arising at any port or place within the Trade Agreements Act of 1979 (19 jurisdiction of the United States. U.S.C. 2501) involving antidumping and For further information, contact the Clerk, United countervailing duty matters. In addition, States Court of International Trade, One Federal it has exclusive jurisdiction of civil Plaza, New York, NY 10278–0001. Phone, 212– actions to review determinations as to 264–2814. the eligibility of workers, firms, and Judicial Panel on Multidistrict Litigation communities for adjustment assistance The Panel, created by act of April 29, under the Trade Act of 1974 (19 U.S.C. 1968 (28 U.S.C. 1407), and consisting of 2101). Civil actions commenced by the seven Federal judges designated by the United States to recover customs duties, Chief Justice from the courts of appeals to recover on a customs bond, or for and district courts, is authorized to certain civil penalties alleging fraud or temporarily transfer to a single district, negligence are also within the exclusive for coordinated or consolidated pretrial jurisdiction of the court. proceedings, civil actions pending in The court is composed of a chief different districts that involve one or judge and eight judges, not more than more common questions of fact. five of whom may belong to any one political party. Any of its judges may be For further information, contact the Clerk, Judicial Panel on Multidistrict Litigation, Room G–255, temporarily designated and assigned by Thurgood Marshall Federal Judiciary Building, One the Chief Justice of the United States to Columbus Circle NE., Washington, DC 20002– sit as a court of appeals or district court 8041. Phone, 202–502–2800.

Special Courts

The Supreme Court has held that independently of section 2 of Article III; ‘‘. . . Article III [of the Constitution] and their judges hold office for such does not express the full authority of term as Congress prescribes, whether it Congress to create courts, and that other be a fixed period of years or during good Articles invest Congress with powers in behavior.’’ Appeals from the decisions of the exertion of which it may create these courts, with the exception of the inferior courts and clothe them with U.S. Tax Court and the U.S. Court of functions deemed essential or helpful in Appeals for the Armed Forces, may be carrying those powers into execution.’’ taken to the U.S. Court of Appeals for Such courts, known as legislative courts, the Federal Circuit. Appeals from the have functions which ‘‘. . . are directed decisions of the Tax Court may be taken to the execution of one or more of such to the court of appeals in which judicial powers and are prescribed by Congress circuit the case was initially heard.

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