Lower Courts of the United States
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68 U.S. GOVERNMENT MANUAL Constitution further provides that ‘‘[t]he change the original jurisdiction of this Judges, both of the supreme and inferior Court. Courts, shall hold their Offices during Rulemaking Power Congress has from good Behaviour, and shall, at stated time to time conferred upon the Times, receive for their Services, a Supreme Court power to prescribe rules Compensation, which shall not be of procedure to be followed by the diminished during their Continuance in lower courts of the United States. Office.’’ Court Term The term of the Court begins on the first Monday in October Court officers assist the Court in the and lasts until the first Monday in performance of its functions. They October of the next year. Approximately include the Administrative Assistant to 8,000 cases are filed with the Court in the Chief Justice, the Clerk, the Reporter the course of a term, and some 1,000 of Decisions, the Librarian, the Marshal, applications of various kinds are filed the Director of Budget and Personnel, each year that can be acted upon by a the Court Counsel, the Curator, the single Justice. Director of Data Systems, and the Public Access to Facilities The Supreme Court Information Officer. is open to the public from 9 a.m. to 4:30 Appellate Jurisdiction Appellate p.m., Monday through Friday, except on jurisdiction has been conferred upon the Federal holidays. Unless the Court or Supreme Court by various statutes under Chief Justice orders otherwise, the the authority given Congress by the Clerk’s office is open from 9 a.m. to 5 Constitution. The basic statute effective p.m., Monday through Friday, except on at this time in conferring and controlling Federal legal holidays. The library is jurisdiction of the Supreme Court may open to members of the bar of the Court, be found in 28 U.S.C. 1251, 1253, attorneys for the various Federal 1254, 1257–1259, and various special departments and agencies, and Members statutes. Congress has no authority to 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 Supreme Court of considering all appeals section 1, that the judicial power of the in cases originally decided by the United States shall be invested in one Federal trial courts. They are empowered Supreme Court and in ‘‘such inferior to review all final decisions and certain Courts as the Congress may from time to interlocutory decisions (18 U.S.C. 3731; time ordain and establish.’’ The Supreme 28 U.S.C. 1291, 1292) of district courts. Court has held that these constitutional They also are empowered to review and courts ‘‘. share in the exercise of the enforce orders of many Federal judicial power defined in that section, administrative bodies. The decisions of can be invested with no other the courts of appeals are final except as jurisdiction, and have judges who hold they are subject to review on writ of office during good behavior, with no certiorari by the Supreme Court. power in Congress to provide The United States is divided otherwise.’’ geographically into 12 judicial circuits, United States Courts of Appeals The including the District of Columbia. Each courts of appeals are intermediate circuit has a court of appeals (28 U.S.C. appellate courts created by act of March 41, 1294). Each of the 50 States is 3, 1891 (28 U.S.C. ch. 3), to relieve the assigned to one of the circuits. The VerDate Aug 31 2005 10:56 Sep 04, 2008 Jkt 214669 PO 00000 Frm 00078 Fmt 6997 Sfmt 6997 M:\GOVMAN\214669CX\MAN08.009 APPS10 PsN: MAN08 dkrause on GSDDPC44 with DEFAULT JUDICIAL BRANCH 69 territories and the Commonwealth of is the governing body for the Puerto Rico are assigned variously to the administration of the Federal judicial first, third, and ninth circuits. There is system as a whole (28 U.S.C. 331). also a Court of Appeals for the Federal United States Court of Appeals for the Circuit, which has nationwide Federal Circuit This court was jurisdiction defined by subject matter. At established under Article III of the present each court of appeals has from 6 Constitution pursuant to the Federal to 28 permanent circuit judgeships (179 Courts Improvement Act of 1982 (28 in all), depending upon the amount of U.S.C. 41, 44, 48), as successor to the judicial work in the circuit. Circuit former United States Court of Customs judges hold their offices during good and Patent Appeals and the United behavior as provided by Article III, States Court of Claims. The jurisdiction section 1, of the Constitution. The judge senior in commission who is under 70 of the court is nationwide (as provided years of age (65 at inception of term), by 28 U.S.C. 1295) and includes appeals has been in office at least 1 year, and from the district courts in patent cases; has not previously been chief judge, appeals from the district courts in serves as the chief judge of the circuit contract, and certain other civil actions for a 7-year term. One of the justices of in which the United States is a the Supreme Court is assigned as circuit defendant; and appeals from final justice for each of the 13 judicial decisions of the U.S. Court of circuits. Each court of appeals normally International Trade, the U.S. Court of hears cases in panels consisting of three Federal Claims, and the U.S. Court of judges but may sit en banc with all Appeals for Veterans Claims. The judges present. jurisdiction of the court also includes the The judges of each circuit (except the review of administrative rulings by the Federal Circuit) by vote determine the Patent and Trademark Office, U.S. size of the judicial council for the International Trade Commission, circuit, which consists of the chief judge Secretary of Commerce, agency boards and an equal number of circuit and of contract appeals, and the Merit district judges. The council considers the Systems Protection Board, as well as state of Federal judicial business in the rulemaking of the Department of circuit and may ‘‘make all necessary and Veterans Affairs; review of decisions of appropriate orders for [its] effective and the U.S. Senate Select Committee on expeditious administration . .’’ (28 Ethics concerning discrimination claims U.S.C. 332). The chief judge of each of Senate employees; and review of a circuit may summon periodically a final order of an entity to be designated judicial conference of all judges of the by the President concerning circuit, including members of the bar, to discrimination claims of Presidential discuss the business of the Federal courts appointees. of the circuit (28 U.S.C. 333). The chief The court consists of 12 circuit judges. judge of each circuit and a district judge It sits in panels of three or more on each elected from each of the 12 geographical circuits, together with the chief judge of case and may also hear or rehear a case the Court of International Trade, serve as en banc. The court sits principally in members of the Judicial Conference of Washington, DC, and may hold court the United States, over which the Chief wherever any court of appeals sits (28 Justice of the United States presides. This 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: Elizabeth H. Paret; Chief Justice John G. Roberts, Jr. Washington, DC) Circuit Judges VerDate Aug 31 2005 10:56 Sep 04, 2008 Jkt 214669 PO 00000 Frm 00079 Fmt 6997 Sfmt 6997 M:\GOVMAN\214669CX\MAN08.009 APPS10 PsN: MAN08 dkrause on GSDDPC44 with DEFAULT 70 U.S. GOVERNMENT MANUAL Judicial Circuits—United States Courts of Appeals—Continued Circuit Judges Official Station David Bryan Sentelle, Chief Judge Washington, DC Douglas H. Ginsburg 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 Janice Rogers Brown Washington, DC Thomas B. Griffith Washington, DC Brett M. Kavanaugh Washington, DC (2 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 Sandra L. Lynch Boston, MA Kermit V. Lipez Portland, ME Jeffrey R. Howard Concord, NH (vacancy) 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 Dennis G. Jacobs, Chief Judge New York, NY (Clerk: Catherine O’Hagan Wolfe; Guido Calabresi New Haven, CT Circuit Executive: Karen Greve Milton; Jose A. Cabranes New Haven, CT New York, NY) 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 Peter W. Hall New York, NY Debra Ann Livingston 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.