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NATION 'S COURTS DIRECTORY - 2015 "Look Inside" features Basic Court Structure, Introduction, Federal and State Section Excerpts and Guide to the Courts: BASIC STRUCTURE OF COURT SYSTEM

Supreme Court of United States State Supreme Courts

Court of Appeals for Intermediate U.S. Courts of Appeal the Federal Circuit Appellate Courts

U.S. Court of Appeals for the Armed Forces

U.S. Court of U.S. Court of U.S. District Courts Trial Courts or Courts Federal Claims International Trade U.S. Bankruptcy Courts of General Jurisdiction

Courts of Limited U.S. Court of Tax Court Jurisdiction: Veterans Appeals Administrative Agencies: District, County or Federal Trade Commission, Municipal Court; Nat’l Labor Relations Board, Juvenile or Family etc. Court; Probate Court; Criminal Court

State Court Organization Charts Plus State Supreme Court Justices and State Judiciary Websites Appear in the State Section of the Directory.

Introduction to 2015 Edition of Nation's Courts Directory follows >>>

Copyright 2014 WANT Publishing Co.

INTRODUCTION 1 ______INTRODUCTION

We are pleased to present the 2015 edition of Nation’s Courts Directory, featuring comprehensive listings of the nation’s federal, state and county courts, arranged for quick-and-easy reference.

Note also our online service, Nation’s Courts Online (NationsCourts.com). Online and the directory taken together offer a unique service – access to the courts in print, computer, tablet and smartphone formats.

Nation’s Courts Directory, published since 1975, is the nation’s #1 court reference, relied on by attorneys, librarians, paralegals, teachers and students, and all those interested in the courts and how they operate.

Attorneys appreciate the comprehensive coverage and speedy access to the nation’s federal, state and county courts. Paralegals and support staff appreciate the supplementary material on the courts and their operation, including federal and state court organization charts and steps in the litigation process.

Librarians and teachers and students appreciate the extensive explanatory content, including federal and state court organization charts, guide to how a case is litigated, differences between civil and criminal cases, statutory versus common law, glossary of legal terms and landmark U.S. Supreme Court cases, alternative dispute resolution, technology of the modern courtroom, and guide to teaching judicial history. Plus U.S. Supreme Court membership from 1789 to present. See “Guide to the Courts” section. Court Web Addresses

Court Web addresses are included throughout. The Federal section of Nation’s Courts Directory provides websites for the federal courts (appellate, district, and bankruptcy); the State section provides state judiciary websites, which are found on the state court organization chart at the beginning of each State’s listing. The charts also include other useful information, such as state Supreme Court justices and clerks of court, state attorneys general and secretaries of state.

Court websites are essential reference tools for dealing with the courts and learning about their functions and operation. Most court websites include sections not only for attorneys but for the general public as well, such as information on the court’s judges and tours of the court (including observing the court in session and meeting judges and court personnel). An example is the U.S. Supreme Court’s website: www.supremecourt.gov. This site, in addition to listing recent decisions and schedule of cases to be argued before the Court, provides biographies of the Justices, a discussion of the Constitutional basis of the Court, and a guide for school groups that may wish to visit.

Federal, State & Special Sections

The Federal Section of Nation’s Courts Directory includes: names, addresses and phone numbers of all U.S. appellate and district judges and clerks of court, U.S. magistrate judges and U.S. bankruptcy judges and clerks, U.S. Attorneys for each federal district, court vacancies and nominations to fill those vacancies, and U.S. district court and bankruptcy court websites.

The State Section includes: names, addresses and phone numbers of court clerks for each state's appellate and county courts. Also included are offices of vital statistics, state attorneys general and secretaries of state. For each state, a court organization chart is included, along with court contact listings.

Special Sections include: state court organization charts (including state Supreme Court justices and state judiciary websites), a guide to the U.S. court system and how a case is litigated, a glossary of legal terms and landmark U.S. Supreme Court decisions, alternative dispute resolution (as a means of avoiding litigation), differences between civil and criminal cases, statutory versus common law, guide to teaching judicial history, and a listing all U.S. Supreme Court Justices, from those appointed by President George Washington to present. Additional explanatory material included throughout. 2 INTRODUCTION ______

Federal - State Judicial Systems

There are basically two sets of judicial systems in the United States. One set is that of the state and local courts established in each of the 50 states under the authority of that particular state's constitution and statutory law. The other is that of the federal courts, established by the U.S. Congress, pursuant to authority vested in it by the Constitution. This dual, Federal-State, structure is a distinguishing feature of our American judicial system. (See “Guide to the Courts” section for further discussion.)

While cases at the federal level tend to get more attention, most litigation in fact takes place at the State level. In addition to court records, the state courts and county courthouses are treasure-troves of other vital information as well, from property and tax records to probate files. Although there are differences from state to state, each state court system is typically composed of a Supreme Court (appeals from which are to the U.S. Supreme Court), an appellate court, a trial court of general jurisdiction, and various courts of limited jurisdiction. See Chart on Inside Front Cover.

General and Limited Jurisdiction

The phrase “trial court of general jurisdiction” basically means the court hears both civil and criminal cases and that its decisions are reported--that is, published--in written or online formats. Courts of “limited jurisdiction,” on the other hand, are courts specializing in a particular area of the law, such as probate courts (wills and estates) or family courts, or those courts whose jurisdiction is limited to claims not exceeding a certain dollar amount, such as municipal and small claims courts. Courts of general jurisdiction usually allow trial by jury; courts of limited jurisdiction typically involve a hearing before a judge or magistrate.

Courts of limited jurisdiction decisions generally are not reported and can usually be appealed to the state’s trial court of general jurisdiction, and from there to the appellate court and hence to the state supreme court.

In addition to its federal and state court listings, Nation’s Courts Directory provides contact information for each county courthouse in the nation. In most instances, this information includes listings for both the clerk of court for the trial court in that county and the county clerk (see below). In some states the same person holds both positions; in other states they are separate positions. The clerk of the trial court is generally an appointive office, while the county clerk position is usually an elective one.

The clerk of the trial court is the keeper of the records for that particular court, and any inquiries concerning decisions handed down by the court or the court calendar should be directed to the clerk of court’s office. The county clerk typically is responsible for such record-keeping functions as the recording of deeds and other property interests (liens), tax assessment and collection, and probate matters. In a number of states the county clerk assigns the recording of property interests to a recorder of deeds, also called a registrar of deeds. While most county courts collect birth, marriage, death, and divorce records, the best source for obtaining such records is through the state’s office of vital statistics (see state court organization charts for vital statistics contact information).

Guide to the Courts

For basic commentary on the courts and their operation, see “Guide to the Courts” section of this directory, which includes a discussion of how a case is litigated, differences between civil and criminal cases, a glossary of terms and landmark U.S. Supreme Court decisions. Plus a guide to teaching judicial history. Also included is a list of U.S. Supreme Court Justices from 1789 to present, giving President who appointed each Justice and the Justice’s term of service on the Court. Additional explanatory material on the courts is included throughout the directory. For biographical information on U.S. Supreme Court Justices (and other federal judges, past and present), see Nation’s Courts Online (NationsCourts.com). FEDERAL SECTION - U.S. DISTRICT COURTS 21 ______

UNITED STATES DISTRICT COURTS

The 94 U.S. district courts around the country (including such courts in Puerto Rico, Guam, and the Virgin Islands) constitute the trial courts of the federal system. Appeals are to the U.S. Courts of Appeal and from there to the U.S. Supreme Court (see Inside Front Cover for structure of U.S. court system). Listed in this section for each district are: U.S. District Court judges and court clerks, U.S. Attorneys, U.S. Magistrate judges, U.S. Bankruptcy judges and clerks. The jurisdiction of the district courts extends to federal question and diversity matters. U.S. district court judges are appointed for life by the President, subject to Senate confirmation. U.S. Bankruptcy judges are appointed by U.S. appellate court panels for 14-year terms and Magistrate Judges by U.S. district court panels for eight-year terms. U.S. Attorneys are appointed by the President, subject to Senate confirmation. Their function is to bring civil and criminal actions on behalf of the federal government. A U.S. Attorney is appointed for each federal district (www.justice.gov). In the court listings to follow, the figure in parentheses next to the judge’s name indicates date of appointment to the federal bench. Date of appointment follows confirmation and indicates actual date the judge assumes official duties. The district-by-district listings that begin on the next page include both "active" and "senior" federal judges. Active judges are listed by date of appointment. Senior judges are listed in the order in which they assumed senior status, the last listed being the judge most recently assuming senior status. Under current rules, an appellate or district court judge with 15 years of active service may "retire on salary" or assume "senior status" at age 65. A sliding scale makes judges with a minimum of 10 years of service eligible at age 70. Senior judges, who essentially provide volunteer service to the courts, typically handle about 15 percent of the federal courts’ workload annually. Those who retire on salary rather than assume senior status are "inactive" and not included in this directory. Federal appellate and district judges cannot be required to retire or take senior status when they become eligible, because they have life tenure under Article III of the Constitution. Thus they are referred to as "Article III" judges. U.S. district judges are assisted by U.S. magistrate judges in both civil and criminal matters. While district judges once confirmed by the U.S. Senate have lifetime tenure, magistrate judges are appointed by a majority vote of the federal district judges of a particular district and serve eight year terms if full-time or four years if part-time, and may be reappointed. U.S. magistrate judges play an important role in the federal litigation process. In civil cases it is not uncommon for magistrate judges to conduct almost all pretrial proceedings, preparing the case for trial before the assigned district judge. In recent years there has been an increase in the number of civil cases tried or otherwise disposed of by magistrate judges, such disposition requiring the consent of both parties. In criminal cases, magistrate judges generally oversee the first appearance of defendants and set bail.

DISTRICT-BY-DISTRICT LISTINGS BEGIN ON NEXT PAGE 22 FEDERAL SECTION - U.S. DISTRICT COURTS ______

Northern District of Inge Prytz Johnson 101 Holmes Ave. N.E. Hugo Black Courthouse Huntsville, AL 35801 (11th Circuit) 1729 5th Ave., North (256) 539-7705 Birmingham, AL 35203 Madeline H. Haikala District Court Judges: (205) 278-1970 Hugo Black Courthouse Sharon Lovelace Blackburn 1729 5th Ave. North (7/8/91) Clerk: Birmingham, AL 35203 Chief Judge Sharon Harris (205) 278-1930 730 Hugo Black Courthouse 140 Hugo Black CtHse John H. England 1729 5th Avenue North 1729 5th Ave. North Hugo Black Courthouse Birmingham, AL 35203 Birmingham, AL 35203 1729 5th Ave. North (205) 278-1810 (205) 278-1700 Birmingham, AL 35203 C. Lynwood Smith Jr. 302 Federal Courthouse (205) 278-1910 (12/28/95) 101 Holmes Ave. N.E. 101 Holmes Ave. N.W. Huntsville, AL 35801 U.S. Bankruptcy Judges: Huntsville, AL 35801 (256) 534-6495 Thomas B. Bennett, Chief Judge (256) 533-9490 204 U.S. Courthouse 505 20th St. N., Rm 412 Karon D. Bowdre (11/14/01) 1129 Noble St. Birmingham, AL 35203-2111 Hugo Black Courthouse Anniston, AL 36201 (205) 714-3884 1729 5th Ave. North (256) 236-4170 Benjamin Cohen Birmingham, AL 35203 Lynne U.S. CtHse & P.O. 505 20th St. N., Rm 412 (205) 278-1800 400 Well St. Birmingham, AL 35203-2111 L. Scott Coogler (6/3/03) Decatur, AL 35601 (205) 714-3865 316 Federal Bldg. (256) 584-7950 Tamara O. Mitchell 1118 Greensboro Ave. John McKinley Fed. Bldg. 505 20th St. N., Rm 412 Tuscaloosa, AL 35401 210 N. Seminary St., Rm. 311 Birmingham, AL 35203-2111 (205) 561-1670 Florence, AL 35630 (205) 714-3850 R. David Proctor (9/24/03) (256) 760-8415 John Andrew Caddell, Jr. Hugo Black Courthouse 206 Federal Bldg. P.O. Box 1289 (35602) 1729 5th Ave. North 600 Broad St. 312 Federal Courthouse Birmingham, AL 35203 Gadsden, AL 35901 400 Wells St. (205) 278-1980 (256) 547-7301 Decatur, AL 35601 Virginia E. Hopkins (6/22/04) Building & CtHse (256) 340-2700 140 Hugo Black CtHse 2005 University Blvd. C. Michael Stilson 1729 5th Ave. North Tuscaloosa, AL 35401 2005 University Bldg. Birmingham, AL 35203 (205) 561-1670 Tuscaloosa, AL 35401 (205) 278-1950 (205) 561-1600 Abdul K. Kallon (1/7/10) Court Website James Jack Robinson 140 Hugo Black CtHse www.alnd.uscourts.gov Federal Courthouse 1729 5th Ave. North 1129 Noble St. Birmingham, AL 35203 U.S. Attorney: Anniston, AL 36201 (205) 278-1700 Joyce White Vance (256) 741-1500 1801 4th Ave. N. Birmingham, AL 35203-2101 U.S. Bankruptcy Court Clerk: Senior Judges: (205)244-2001/FAX:244-2171 Scott W. Ford J. Foy Guin, Jr. 400 Meridian St., Ste. 304 505 20th St. N., Rm 412 Hugo Black Courthouse Huntsville, AL 35801 Birmingham, AL 35203-2111 1729 5th Ave. North (256) 534-8285/FAX:539-3270 (205) 714-4000 (general info) Birmingham, AL 35203 U.S. Attorney Website (205) 714-4002 (clerk’s off.) (205) 278-1830 www.justice.gov/usao Federal Courthouse William M. Acker, Jr. 1129 Noble St., Rm. 117 481 Hugo Black Courthouse U.S. Magistrates Judges: Anniston, AL 36201 1729 5th Ave. North John E. Ott, Chief Judge (256) 741-1500 Birmingham, AL 35203 Hugo Black Courthouse P.O. Box 2775 (35602-2775) (205) 278-1880 1729 5th Ave. North 400 Well St., Rm. 222 James Hughes Hancock Birmingham, AL 35203 Decatur, AL 35601 681 Hugo Black Courthouse (205) 278-1920 (256) 584-7900 1729 5th Ave. North T. Michael Putnam 2005 University Blvd. Birmingham, AL 35203 274 Hugo Black Courthouse Room 2300 (205) 278-1840 1729 5th Ave. North Tuscaloosa, AL 35401 Robert B. Propst Birmingham, AL 35203 (205) 561-1600 581 Hugo Black Courthouse (205) 278-1900 1729 5th Ave. North Harwell G. Davis III Bankruptcy Website Birmingham, AL 35203 U.S. Post Office & CtHse www.alnb.uscourts.gov (205) 278-1860 STATE SECTION – ALABAMA 119

ALABAMA COURT SYSTEM

Chief Justice: Roy S. Moore 300 Dexter Ave. SUPREME COURT Montgomery 36104-3741 (334) 229-0700 9 justices Jurisdiction: Court of Justices of Supreme Court: - Appeals of title to or possession last Jacquelyn L. Stuart of land, civil law over $50,000, resort Michael F. Bolin and equity cases. Tom Parker - Certiorari review of Court of Civil Glenn Murdock Appeals and Court of Criminal Greg Shaw Appeals. James Alen Main Alisa Kelli Wise Tommy Btyan

Clerk of Supreme Court: Julia J. Weller COURT OF CIVIL APPEALS COURT OF CRIMINAL APPEALS 300 Dexter Ave. 5 judges 5 judges Montgomery 36104-3741 Jurisdiction: Jurisdiction: (334) 229-0700 - Appeals in law cases $50,000 or under - Appellate jurisdiction in criminal cases - Appeals from administrative agencies involving violations of city ordinances, Judiciary Homepage: (except Public Service Commissions), habeas corpus, misdemeanors or felonies, Intermediate www.judicial.alabama.gov Workmen’s compensation and domestic and all post conviction writs on criminal cases. appellate relations appeals. - Original jurisdiction in the issuance of all writs court - Juvenile appeals: dependency, neglect, Court Administrator: in relation to matters in which the court has Rich Hobson CHINS and other juvenile cases. appellate jurisdiction. Administrative Director - Juvenile appeals: delinquency and transfers 300 Dexter Ave. to adult court. Montgomery 36104-3741 Law under $50,000 (334) 954-5000 Criminal

Governor: Robert Bentley (R) CIRCUIT COURT (41) State Capitol N-104 143 judges 600 Dexter Ave. Jurisdiction: Montgomery 36130-2751 - Civil actions $3,000 and above. Courts of general (334) 242-7100 - Felonies. Misdemeanors or ordinance violations jurisdiction included within a felony charge. Alabama Homepage: Appeals de novo from courts of limited jurisdiction. www.alabama.gov Jury trials. Main State Capitol: (334) 242-7100

Attorney General: MUNICIPAL COURT (273) DISTRICT COURT (67) PROBATE COURT (68) (R) 68 judges 501 Washington Ave. 279 judges 106 judges Jurisdiction: PO Box 300152 Jurisdiction: Jurisdiction: - Wills, guardianship, Montgomery 36130 - City ordinance violations, traf- - Civil actions $3,000 – $10,000. executorship. Equity in (334) 242-7300 fic and non-traffic. Small claims up to $3,000. administration of estates Courts of www.naag.org - Misdemeanors. Preliminary hearings for (counties greater than limited No jury trials. felonies (can accept guilty pleas in felony 4,000 population). jurisdiction Secretary of State: cases not punishable by sentence of death). Jim Bennett (R) - Traffic, if no municipal court. State Capitol - Juvenile. 600 Dexter Ave. No jury trials. Montgomery 36104 (334) 242-7200 www.nass.org

Vital Statistics: Center for Health Statistics P.O. Box 5625 Montgomery, AL 36103-5625 (334) 206-5418 www.vitalrec.com

Indicates route of appeal 120 STATE SECTION - ALABAMA ______

ALABAMA COURT CLERKS & COURTHOUSES The trial courts of general jurisdiction in Alabama are called circuit courts (see chart). There are 40 judicial circuits, each circuit consisting of one or more counties. There is a separate district court (limited jurisdiction) in each county. In most counties, the clerk of the circuit court also serves as clerk of district courts in that circuit.

SUPREME COURT BLOUNT COUNTY CHEROKEE COUNTY 300 DEXTER AVE. 208 COURTHOUSE COURTHOUSE, 100 MAIN ST. MONTGOMERY 36104-3741 220 SECOND AVE., E. CENTRE, AL 35960 Clerk: Robert G. Esdale ONEONTA, AL 35121 Circuit Clerk: 334-229-0700 Circuit Clerk: Dwayne Amos Michael E. Criswell 256-927-3637 COURT OF CIVIL APPEALS 205-625-4153 300 DEXTER AVE. CHILTON COUNTY MONTGOMERY 36104-3741 P.O. BOX 1946 Clerk: John H. Wilkerson, Jr. CLANTON, AL 35046 334-229-0733 BULLOCK COUNTY Circuit Clerk: COUNTY COURTHOUSE Glenn D. McGriff CT OF CRIMINAL APPEALS P.O. BOX 230 205-755-4275 300 DEXTER AVE. UNION SPRINGS, AL 36089 MONTGOMERY 36104-3741 Circuit Clerk: CHOCTAW COUNTY Clerk: D. Scott Mitchell Rashawn F. Harris P.O. BOX 428 334-229-0751 334-738-2280 117 S. MULBERRY BUTLER, AL 36904 COUNTY-BY-COUNTY Circuit Clerk: AUTAUGA COUNTY Dona L. Murphy 134 N. COURT ST. BUTLER COUNTY 205-459-2155 PRATTVILLE, AL 36067 700 COURT SQUARE Circuit Clerk: P.O. BOX 236 William W. Moncrief GREENVILLE, AL 36037 CLARKE COUNTY 334-358-6801 Circuit Clerk: P.O. BOX 921 Mattie Gomillion GROVE HILL, AL 36451 BALDWIN COUNTY 334-382-7166 Circuit Clerk: 312 CTHSE SQ., STE. 10 Summer Scruggs BAY MINETTE, AL 36507 251-275-3363 Circuit Clerk: Jody W. Campbell 251-937-0280 CALHOUN COUNTY 300 COUNTY CTHSE CLAY COUNTY BARBOUR COUNTY 25 W. 11th ST. COUNTY COURTHOUSE 303 E. BROAD ST. ANNISTON, AL 36201-4584 P.O. BOX 816 EUFAULA, AL 36027 Circuit Clerk: ASHLAND, AL 36251 Circuit Clerk: James “Eli” Henderson Circuit Clerk: David Nix 256-231-1750 Jeffery L. Colburn 334-687-1500 256-354-7926 BIBB COUNTY 35 COURT SQ. EAST CHAMBERS COUNTY CLEBURNE COUNTY P.O. BOX 185 2 LAFAYETTE ST. 120 VICKERY ST. CENTREVILLE, AL 35042 LAFAYETTE, AL 36862 HEFLIN, AL 36264 Circuit Clerk: Circuit Clerk: Circuit Clerk: Gayle S. Bearden Lisa M. Burdette Jerry P. Owen 205-926-3103 334-864-4348 256-463-2651

Copyright 2014 WANT Publishing Co.

EXCERPT TO GUIDE TO COURTS SECTION FOLLOWS >>> GUIDE TO COURTS 403 ______

GUIDE TO THE U.S. COURT SYSTEM (AND HOW A CASE IS LITIGATED) The Guide to the Courts section is intended as a primer for those who may not be familiar with the U.S. court system or seek refresher material. It will be of particular interest to librarians, paralegals, teachers and students, and all those interested in the courts and how they operate. Additional explanatory material included throughout the directory.

Contents - Guide to the Courts Section

Federal-State System...... 404 Three Levels of Appeal...... 404 Special Courts...... 405 Steps in Litigation Process...... 406 Life Cycle of a Civil Case...... 406 Differences in Civil & Criminal Cases...... 407 Statutory Law versus Common Law...... 408 Basic Courtroom Diagram...... 409 Glossary of Terms...... 410 Landmark U.S. Supreme Court Cases...... 412 Teaching Judicial History...... 413 Technology of the Modern Courtroom ...... 414 U.S. Supreme Court Membership (1789 to Present)...... 415

EXCERPT BEGINS ON NEXT PAGE >>> 404 GUIDE TO COURTS ______

Federal-State Court Systems

There are basically two sets of judicial systems in the United States. One set is that of the state and local courts established in each of the 50 states under the authority of that particular state's constitution and statutory law. The other is that of the federal courts, established by the U.S. Congress, pursuant to authority vested in it by the Constitution. This dual, Federal-State, structure is a distinguishing feature of our American judicial system.

It should be noted that it is the state judicial systems that handle the bulk of the nation's legal matters. State courts are the primary forums for such major areas of litigation as contract actions, (e.g., personal injury/product liability suits), criminal prosecutions, divorce and custody actions, and the probate of estates. The federal courts, on the other hand, specialize in such areas as intellectual property (patent, trademark, and copyright), civil rights, environment protection, and bankruptcy.

For example, because the U.S. Constitution gives Congress sole authority to make uniform laws concerning patents and copyrights and bankruptcies, a state court would lack jurisdiction in these matters. Likewise, since the Constitution does not give the federal government authority in most family law matters, a federal court would lack jurisdiction in a divorce case.

As the chart on the inside front cover indicates, the U.S. Supreme Court is the final court of appeals for both the federal and the state courts. A state court case, however, is appropriate for appeal to the U.S. Supreme Court only when a question of federal statutory or Constitutional law is involved. If the controversy relates only to a question of state law, then the state supreme court has the final say in the matter.

The U.S. Supreme Court consists of nine justices, one being designated Chief Justice. The justices are appointed for life by the President with the of the U.S. Senate, as are all Article III judges in the federal system. Article III judges, including federal appellate and district judges, receive lifetime appointments under Article III of the U.S. Constitution.

The listing beginning on page 415 below gives the names of the chief justices and members of the Court from the founding of the nation to the present. Also included is the president who appointed each justice. The current Chief Justice, John G. Roberts Jr., was confirmed by the U.S. Senate on September 29, 2005.

In the states, the size of the courts of last resort (they are not always called “supreme courts”) generally range from five to nine members. The method of selecting members of the state’s court of last resort varies from state to state. One method a number of states use is that of having the governor initially appoint a member to the court and then requiring that person to stand for a state-wide retention vote after serving a fixed number of years. For additional information on state judicial selection procedures, see National Center for State Courts (www.ncsc.org).

Three Levels of Appeal

The federal courts (and most state courts) are organized into three levels and may be likened to a pyramid. At the apex of the pyramid stands the U.S. Supreme Court, the highest court in the land. On the next level stand the U.S. courts of appeal, 13 in all. On the third level stand the U.S. district courts, 94 in all. The district courts are the trial courts of the federal system, that is, the point at which federal cases are initially heard and a decision rendered.

The federal system also includes special courts, such as the Tax Court and the U.S. Court of Federal Claims, where general claims against the Government are filed (more on special courts below), and administrative agencies, such as the Federal Trade Commission and the National Labor Relations Board. Appeals from decisions of the Tax Court and most administrative agencies skip the district court (trial court) level and go directly to a U.S. Court of Appeals. Appeals from the U.S. Court of Federal Claims are to the Court of Appeals for the Federal Circuit. The final level of appeal in these cases is the U.S. Supreme Court. GUIDE TO COURTS 405 ______

Unlike judges of the three-tiered federal system who are appointed for life, judges of the U.S. administrative agencies -- called administrative law judges -- are employees of the Government, more specifically the particular agency for which they work. There are over one thousand administrative law judges employed by 28 federal agencies, about twice the number of federal district judges.

Most of the nation's litigation, as indicated, occurs in the state courts. When people have grievances or problems that need a hearing, they can generally be assured that there is a state court or state administrative agency that will consider their issues. The federal judiciary, on the other hand, is empowered to hear only those cases that have been granted to it by the U.S. Constitution or by Congress. These include: (1) Questions involving U.S. Constitutional or federal law; (2) Cases in which the U.S. Government is a party; or (3) Cases in which there is a "diversity" of citizenship between the parties, i.e., the plaintiff and defendant come from different states. The idea behind the diversity requirement is the concern that in a state court there may be a bias against the out-of-state litigant. In diversity cases, the amount in controversy must exceed $75,000.

Special Federal Courts

The U.S. Constitution mandates a Supreme Court but allows Congress to create lower federal courts. Thus the U.S. appellate and district courts are creations of Congress, as are special courts that Congress has created within the federal system to deal with particular types of cases. The major special courts are:

(1) The U.S. Court of Federal Claims. This is the principal forum where individual citizens and businesses may bring suits against the Federal Government. These suits may involve contracts, torts, or tax matters. (The U.S. Tax Court and district courts also have jurisdiction in tax matters.) Appeals from the U.S. Court of Federal Claims are to the U.S. Federal Circuit.

(2) U.S. Court of Appeals for the Federal Circuit. In addition to appeals from the U.S. Court of Federal Claims, this court hears appeals from the Patent & Trademark Office, the U.S. Court of International Trade and from U.S. district courts in patent infringement cases. Appeals from the U.S. Court of Appeals for the Federal Circuit are to the U.S. Supreme Court.

(3) U.S. Court of International Trade. This court has jurisdiction over tariff conflicts and hears appeals from the U.S. Int’l Trade Commission.

(4) The International Trade Commission investigates and issues rulings concerning unfair practices in import trade.

(5) U.S. Tax Court periodically travels to over 100 cities across the country, hears taxpayer appeals involving income, estate, and gift taxes.

(6) U.S. Court of Appeals for the Armed Forces. This court consists of five civilian judges appointed by the President. The court reviews court martial convictions of all the armed services. Decisions of the court are subject to Supreme Court review.

(7) Court of Veterans Appeals. Reviews decisions of the Board of Veterans Appeals.

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Copyright 2014 Want Publishing Co.