Lower Courts of the United States

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Lower Courts of the United States 66 U.S. GOVERNMENT MANUAL 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 Information Officer. 8,000 cases are filed with the Court in Appellate Jurisdiction Appellate the course of a term, and some 1,000 jurisdiction has been conferred upon the applications of various kinds are filed Supreme Court by various statutes under each year that can be acted upon by a the authority given Congress by the single Justice. Constitution. The basic statute effective at this time in conferring and controlling Access to Facilities The Supreme Court jurisdiction of the Supreme Court may is open to the public from 9 a.m. to 4:30 be found in 28 U.S.C. 1251, 1253, p.m., Monday through Friday, except on 1254, 1257–1259, and various special Federal holidays. Unless the Court or statutes. Congress has no authority to Chief Justice orders otherwise, the change the original jurisdiction of this Clerk’s office is open from 9 a.m. to 5 Court. p.m., Monday through Friday, except on Rulemaking Power Congress has from Federal legal holidays. The library is time to time conferred upon the open to members of the bar of the Court, Supreme Court power to prescribe rules attorneys for the various Federal of procedure to be followed by the departments and agencies, and Members lower courts of the United States. 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 They also are empowered to review and section 1, that the judicial power of the enforce orders of many Federal United States shall be invested in one administrative bodies. The decisions of Supreme Court and in ‘‘such inferior the courts of appeals are final except as Courts as the Congress may from time to they are subject to review on writ of time ordain and establish.’’ The Supreme certiorari by the Supreme Court. Court has held that these constitutional The United States is divided courts ‘‘. share in the exercise of the geographically into 12 judicial circuits, judicial power defined in that section, including the District of Columbia. Each can be invested with no other circuit has a court of appeals (28 U.S.C. jurisdiction, and have judges who hold 41, 1294). Each of the 50 States is office during good behavior, with no assigned to one of the circuits. The power in Congress to provide territories and the Commonwealth of otherwise.’’ Puerto Rico 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 28 U.S.C. 1291, 1292) of district courts. behavior as provided by Article III, VerDate Nov 24 2008 15:47 Sep 23, 2009 Jkt 217558 PO 00000 Frm 00066 Fmt 6997 Sfmt 6997 M:\GOVMAN\217558\217558.009 APPS06 PsN: 217558 dkrause on GSDDPC29 with $$_JOB JUDICIAL BRANCH 67 section 1, of the Constitution. The judge established under Article III of the senior in commission who is under 70 Constitution pursuant to the Federal years of age (65 at inception of term), Courts Improvement Act of 1982 (28 has been in office at least 1 year, and U.S.C. 41, 44, 48), as successor to the has not previously been chief judge, former United States Court of Customs serves as the chief judge of the circuit and Patent Appeals and the United for a 7-year term. One of the justices of States Court of Claims. The jurisdiction the Supreme Court is assigned as circuit of the court is nationwide (as provided justice for each of the 13 judicial by 28 U.S.C. 1295) and includes appeals circuits. Each court of appeals normally from the district courts in patent cases; hears cases in panels consisting of three appeals from the district courts in judges but may sit en banc with all contract, and certain other civil actions judges present. in which the United States is a The judges of each circuit (except the defendant; and appeals from final Federal Circuit) by vote determine the decisions of the U.S. Court of size of the judicial council for the International Trade, the U.S. Court of circuit, which consists of the chief judge Federal Claims, and the U.S. Court of and an equal number of circuit and Appeals for Veterans Claims. The district judges. The council considers the jurisdiction of the court also includes the state of Federal judicial business in the review of administrative rulings by the circuit and may ‘‘make all necessary and Patent and Trademark Office, U.S. appropriate orders for [its] effective and International Trade Commission, expeditious administration . .’’ (28 Secretary of Commerce, agency boards U.S.C. 332). The chief judge of each of contract appeals, and the Merit circuit may summon periodically a Systems Protection Board, as well as judicial conference of all judges of the rulemaking of the Department of circuit, including members of the bar, to Veterans Affairs; review of decisions of discuss the business of the Federal courts the U.S. Senate Select Committee on of the circuit (28 U.S.C. 333). The chief Ethics concerning discrimination claims judge of each circuit and a district judge of Senate employees; and review of a elected from each of the 12 geographical final order of an entity to be designated circuits, together with the chief judge of by the President concerning the Court of International Trade, serve as discrimination claims of Presidential members of the Judicial Conference of appointees. 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 (11) (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 VerDate Nov 24 2008 15:47 Sep 23, 2009 Jkt 217558 PO 00000 Frm 00067 Fmt 6997 Sfmt 6997 M:\GOVMAN\217558\217558.009 APPS06 PsN: 217558 dkrause on GSDDPC29 with $$_JOB 68 U.S. GOVERNMENT MANUAL Judicial Circuits—United States Courts of Appeals—Continued Circuit Judges Official Station (2 vacancies) First Circuit (6) 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) Second Circuit (13) 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) 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) Fourth Circuit (15) 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.
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