Lower Courts of the United States

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 United States. 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 8,000 cases are filed with the Court in Information Officer. the course of a term, and some 1,000 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. The otherwise.’’ territories and the Commonwealth of United States Courts of Appeals The Puerto Rico are assigned variously to the courts of appeals are intermediate first, third, and ninth circuits. There is appellate courts created by act of March also a Court of Appeals for the Federal 3, 1891 (28 U.S.C. ch. 3), to relieve the Circuit, which has nationwide Supreme Court of considering all appeals jurisdiction defined by subject matter. At in cases originally decided by the present each court of appeals has from 6 Federal trial courts. They are empowered to 28 permanent circuit judgeships (179 to review all final decisions and certain in all), depending upon the amount of interlocutory decisions (18 U.S.C. 3731; judicial work in the circuit. Circuit VerDate Dec 13 2002 15:22 Jul 29, 2004 Jkt 198805 PO 00000 Frm 00076 Fmt 6997 Sfmt 6997 D:\NARA\198805.009 APPS06 PsN: 198805 JUDICIAL BRANCH 69 judges hold their offices during good established under Article III of the behavior as provided by Article III, Constitution pursuant to the Federal section 1, of the Constitution. The judge Courts Improvement Act of 1982 (28 senior in commission who is under 70 U.S.C. 41, 44, 48), as successor to the years of age (65 at inception of term), former United States Court of Customs has been in office at least 1 year, and and Patent Appeals and the United has not previously been chief judge, States Court of Claims. The jurisdiction serves as the chief judge of the circuit of the court is nationwide (as provided for a 7-year term. One of the justices of by 28 U.S.C. 1295) and includes appeals the Supreme Court is assigned as circuit from the district courts in patent cases; justice for each of the 13 judicial appeals from the district courts in circuits. Each court of appeals normally contract, and certain other civil actions hears cases in panels consisting of three in which the United States is a judges but may sit en banc with all defendant; and appeals from final judges present. 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 Trademark 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 court consists of 12 circuit judges. the United States, over which the Chief 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 VerDate Dec 13 2002 15:22 Jul 29, 2004 Jkt 198805 PO 00000 Frm 00077 Fmt 6997 Sfmt 6997 D:\NARA\198805.009 APPS06 PsN: 198805 70 U.S. GOVERNMENT MANUAL Judicial Circuits—United States Courts of Appeals—Continued Circuit Judges Official Station 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 Chester J. Straub New York, NY Rosemary S. Pooler Syracuse, NY Robert D. Sack New York, NY Sonia Sotomayor 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 (vacancy) 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) Theodore A. McKee Philadelphia, PA Marjorie O. Rendell Philadelphia, PA Maryanne Trump Barry Newark, NJ Thomas L. Ambro Wilmington, DE Julio M. Fuentes Newark, NJ D. Brooks Smith Johnstown, PA Michael Chertoff Philadelphia, PA D. Michael Fisher Pittsburgh, PA Fanklin S.

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