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U.S. Judicial Branch 192 U.S
U.S. G OVERNMENT IN N EBRASKA 191 U.S. JUDICIAL BRANCH 192 U.S. G OVERNMENT IN NEBRASKA U.S. JUDICIAL BRANCH1 U.S. SUPREME COURT U.S. Supreme Court Building: 1 First St. N.E., Washington, D.C. 20543, phone (202) 479-3000 Chief Justice of the United States: John G. Roberts, Jr. Article III, Section 1 of the U.S. Constitution provides that “the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” The Supreme Court is composed of the chief justice of the United States and such number of associate justices as may be fi xed by Congress. The current number of associate justices is eight. The U.S. president nominates justices, and appointments are made with the advice and consent of the Senate. Article III, Section 1, further provides that “the Judges, both of the supreme and inferior Courts, shall hold their Offi ces during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Offi ce.” A justice may retire at age 70 after serving for 10 years as a federal judge or at age 65 after serving 15 years. The term of the court begins, by law, the fi rst Monday in October of each year and continues as long as the business before the court requires, usually until the end of June. Six members constitute a quorum. The court hears about 7,000 cases during a term. -
Federal Criminal Litigation in 20/20 Vision Susan Herman
Brooklyn Law School BrooklynWorks Faculty Scholarship 2009 Federal Criminal Litigation in 20/20 Vision Susan Herman Follow this and additional works at: https://brooklynworks.brooklaw.edu/faculty Part of the Criminal Law Commons, and the Litigation Commons Recommended Citation 13 Lewis & Clark L. Rev. 461 (2009) This Article is brought to you for free and open access by BrooklynWorks. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of BrooklynWorks. FEDERAL CRIMINAL LITIGATION IN 20/20 VISION by Susan N. Herman* In this Article, the author examines three snapshots of the history of criminal litigation in the federal courts, from the years 1968, 1988, and 2008, with a view to predicting the future course of federal criminal adjudication. The author examines three different aspects offederal criminal litigation at these different points in time: 1) the volume and nature offederal criminal cases, 2) constitutional criminal procedure rules, and 3) federal sentencing, highlighting trends and substantial changes in each of those areas. Throughout the Article, the author notes the ways in which the future of federal criminal litigation greatly depends upon the politics of the future, includingpotential nominations to thefederal judiciary by President Barack Obama. I. IN T RO D U CT IO N ................................................................................ 461 II. CRIM INAL ADJUDICATION .............................................................. 462 III. CONSTITUTIONAL CRIMINAL PROCEDURE ............................... 467 IV. SE N T EN C IN G ...................................................................................... 469 V. C O N C LU SIO N ..................................................................................... 471 I. INTRODUCTION This Article was adapted from a speech given at the 40th anniversary celebration of the Federal Judicial Center, hosted by Lewis & Clark Law School in September, 2008, to congratulate the Federal Judicial Center on forty years of excellent work. -
In the United States District Court for the District of Alaska
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA ERIC FLORES, Petitioner, vs. UNITED STATES ATTORNEY GENERAL, FEDERAL BUREAU OF INVESTIGATION, Case No. 2:15-cv-00002-SLG Respondents. ORDER OF DISMISSAL On April 24, 2015, Eric Flores, a self-represented resident of Texas, filed a class action Petition to Challenge the Constitutionality of the First Amendment, an Application to Waive Prepayment of the Filing Fee, and a Motion to Transfer his case to the District of Columbia.1 Title 28 U.S.C. Section 1915 requires the Court to review the action, and to dismiss if the action “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.”2 1 Dockets 1, 3, 5, 6. 2 28 U.S.C. § 1915(e)(2)(B); see also Lopez v. Smith, 203 F.3d 1122, 1129 n. 10 (9th Cir. 2000) (“Congress inserted 1915(e)(2) into the in forma pauperis statute, and we must follow this clear statutory direction.”); Calhoun v. Stahl, 254 F.3d 845 (9th Cir. 2001) (“The district court . properly concluded that Calhoun’s [non-prisoner] complaint should not be allowed to proceed. See 28 U.S.C. §1915(e)(2)(B)(iii) (requiring dismissal of in forma pauperis proceedings that seek monetary relief against immune defendants).”); Bilal v. Driver, 251 F.3d 1346, 1348 (11th Cir. 2001) (Under section § 1915(e)(2)(B)(ii) . “dismissal is now mandatory. [T]he complaint now may . -
PUBLIC LAW 85-508-JULY 7, 1958 339 Public Law 85-508 an ACT to Provide for the Admission of the State of Alaska Into the Union
i2 STAT.] PUBLIC LAW 85-508-JULY 7, 1958 339 Public Law 85-508 AN ACT July 7, 1958 To provide for the admission of the State of Alaska into the Union. ta R. 7999—] Be it enacted by the Senate and House of Representatives of the Alaska, siaie- United States of America in Congress assemhled. That, subject to the hood. provisions of this Act, and upon issuance of the proclamation required by section 8 (c) of this Act, the State of Alaska is hereby declared to be a State of the United States of America, is declared admitted into the Union on an equal footing with the other States in all respects whatever, and the constitution formed pursuant to the provisions of the Act of the Territorial Legislature of Alaska entitled, "An Act to provide for the holding of a constitutional convention to prepare a constitution for the State of Alaska; to submit the con stitution to the people for adoption or rejection; to prepare for the admission of Alaska as a State; to make an appropriation; and setting an effective date", approved March 19, 1955 (Chapter 46, Session Laws of Alaska, 1955), and adopted by a vote of the people of Alaska in the election held on April 24, 1956, is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed. SEC. 2. The State of Alaska shall consist of all the territory, Territory,, together with the territorial waters appurtenant thereto, now included in the Territory of Alaska, SEC. -
Examining the Demographic Compositions of U.S. Circuit and District Courts
GETTY STEELE IMAGES/KIM Examining the Demographic Compositions of U.S. Circuit and District Courts By Democracy and Government Reform Team February 2020 WWW.AMERICANPROGRESS.ORG Examining the Demographic Compositions of U.S. Circuit and District Courts By Democracy and Government Reform Team February 2020 Contents 1 Introduction and summary 7 The demographic compositions of the U.S. Courts of Appeals 10 1st Circuit 23 8th Circuit 12 2nd Circuit 25 9th Circuit 14 3rd Circuit 27 10th Circuit 16 4th Circuit 29 11th Circuit 18 5th Circuit 31 D.C. Circuit 20 6th Circuit 32 Federal Circuit 22 7th Circuit 33 The demographic compositions of the U.S. District Courts 36 District courts housed 66 District courts housed within the 1st Circuit within the 7th Circuit 39 District courts housed 71 District courts housed within the 2nd Circuit within the 8th Circuit 44 District courts housed 76 District courts housed within the 3rd Circuit within the 9th Circuit 48 District courts housed 86 District courts housed within the 4th Circuit within the 10th Circuit 54 District courts housed 91 District courts housed within the 5th Circuit within the 11th Circuit 60 District courts housed 97 District court housed within the 6th Circuit within the D.C. Circuit 110 Conclusion 111 Endnotes Introduction and summary Authors’ note: This report reflects data as of November 18, 2019. Its main goal is to provide advocates and policymakers with an accessible resource demonstrating general trends pertaining to the lack of demographic diversity across all of the lower federal courts. Some individual data points may have altered slightly between November and publication and are not reflected within this report. -
Alaska Seal and Fur Company. Letter from the Secretary of the Interior
University of Oklahoma College of Law University of Oklahoma College of Law Digital Commons American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 5-4-1888 Alaska Seal and Fur Company. Letter from the Secretary of the Interior, transmitting the Annual Report of the Governor of Alaska upon the operations of the Alaska Seal and Fur Company. Follow this and additional works at: https://digitalcommons.law.ou.edu/indianserialset Part of the Indian and Aboriginal Law Commons Recommended Citation H.R. Exec. Doc. No. 297, 50th Cong., 1st Sess. (1888) This House Executive Document is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 by an authorized administrator of University of Oklahoma College of Law Digital Commons. For more information, please contact [email protected]. 50TH CoNGRESS, L HOUSE OF REPRESENTATIVES. J Ex. Doc. 1st Session. f t No. 297. ALASKA SEAL AND FUR COMPANY. LETTER FROM THE SECRETARY OF THE INTERIOR, TRANSMITTING The annual report of the governor of Alaska upon the operations of the Alaska Seal and Fur Company. MAY 4, 1888.-Referred to the Committee on Merchant Marine and Fisheries and ordered to be printed. DEPARTMENT OF THE INTERIOR, Washington, May 2, 1888. SIR: I have the honor to transmit herewith a report to Congress by the governor of Alaska of the result of his inquiry into the operations of the Alaska Seal and Fur Company (Alaska Commercial Company), as required of him by sectiou5 of the act of May 17, 1884, entitled "An act providing a civil government for Alaska." Very respectfully, WM. -
United States District Court District of Alaska 222 W. 7Th Avenue, Box 4, Rm 229 Anchorage, Alaska 99513
United States District Court District of Alaska 222 W. 7th Avenue, Box 4, Rm 229 Anchorage, Alaska 99513 www.akd.uscourts.gov Position: Case Administrator II, Job# USDC 20-02 (Permanent, Part-time) (20 hours per week) Opening Date: August 26, 2020 Closing Date: September 9, 2020, or open until filled Starting Salary: $23,654 - $38,475 (CL 25, Step 1-61)* *Depending on qualifications and experience Location: Fairbanks, Alaska The United States District Court for the District of Alaska is seeking qualified applicants for the position of Case Administrator in Fairbanks, Alaska. The Case Administrator monitors the progression of civil and criminal cases and related proceedings. They receive and review incoming court documents with conformity with federal and local rules, and perform customer service and cashier duties for the purpose of providing procedural information and collection court fees. REPRESENTATIVE DUTIES: • Open and process new appeals and appeal related documents. Process opinions and close appeals. Make summary entries on all documents and proceedings. • Check for prior or prohibited filing. Verify attorney’s authority to practice. • Inform customers of required fees, receive payments and issue receipts. Process credit card payments for filed documents. • Create and process new case files. Docket initial events. Retrieve files and make copies of records for court personnel, attorneys or others. Certify court documents and ensure data quality. • Prepare, ship, and retrieve records from the appropriate Federal Records Center. Scan, copy, file and pick-up, and sort mail. Process e-mail received by electronic filers. Maintain court files. • Assist the public with electronic filing. Answer calls assisting attorneys and pro se litigants with filing questions and case status. -
Visiting Judges
Visiting Judges Marin K. Levy* Despite the fact that Article III judges hold particular seats on particular courts, the federal system rests on judicial interchangeability. Hundreds of judges “visit” other courts each year and collectively help decide thousands of appeals. Anyone from a retired Supreme Court Justice to a judge from the U.S. Court of International Trade to a district judge from out of circuit may come and hear cases on a given court of appeals. Although much has been written about the structure of the federal courts and the nature of Article III judgeships, little attention has been paid to the phenomenon of “sitting by designation”—how it came to be, how it functions today, and what it reveals about the judiciary more broadly. This Article offers an overdue account of visiting judges. It begins by providing an origin story, showing how the current practice stems from two radically different traditions. The first saw judges as fixed geographically, and allowed for visitors only as a stopgap measure when individual judges fell ill or courts fell into arrears with their cases. The second assumed greater fluidity within the courts, requiring Supreme Court Justices to ride circuit—to visit different regions and act as trial and appellate judges—for the first half of the Court’s history. These two traditions together provide the critical context for modern-day visiting. DOI: https://doi.org/10.15779/Z38ZK55M67 Copyright © 2019 California Law Review, Inc. California Law Review, Inc. (CLR) is a California nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. -
Alaska TABLE of CONTENTS
United States Sentencing Commission Statistical Information Packet Fiscal Year 2018 District of Alaska TABLE OF CONTENTS Figure A Federal Offenders by Type of Crime 1 Figure B Distribution of Primary Drug Type in Federal Drug Cases 2 Table 1 Distribution of Federal Offenders by Type of Crime 3 Table 2 Guilty Pleas and Trials in Each Circuit and District 4 Table 3 Guilty Pleas and Trials by Type of Crime 7 Table 4 Sentence Type by Type of Crime (National) 8 Table 5 Sentence Type by Type of Crime (District) 9 Table 6 Incarceration Rate of U.S. Citizen Offenders Eligible for Non-Prison Sentences by Type of Crime 10 Table 7 Sentence Length by Type of Crime 11 Table 8 Sentence Imposed Relative to the Guideline Range 12 Table 9 Sentence Imposed Relative to the Guideline Range in Each Circuit and District 13 Table 10 Sentence Imposed Relative to the Guideline Range by Type of Crime 16 Figure A FEDERAL OFFENDERS BY TYPE OF CRIME1 Fiscal Year 2018 National Drugs 28.1% Immigration 34.4% Firearms 10.8% Fraud/Theft/ Embezzlement Child 9.5% Pornography 2.0% Robbery Other 2.5% Money Sexual Abuse Laundering 9.2% 1.5% 1.9% Alaska Fraud/Theft/ Embezzlement 15.2% Robbery Drugs 4.6% 34.0% Money Laundering 4.6% Other 6.1% Sexual Abuse 2.5% Child Pornography 9.6% Firearms 23.4% The National figure includes the 69,425 cases reported to the Commission. The Drugs category includes trafficking and simple possession. The District of Alaska figure includes the 197 cases reported to the Commission. -
DISTRICT of ALASKA June 14, 2018
DISTRICT OF ALASKA June 14, 2018 DISTRICT OF ALASKA’S REPORT TO THE NINTH CIRCUIT (2017-2018) By Mary B. Pinkel, LRCC Alaska Representative LAWYER REPRESENTATIVES The District of Alaska has four lawyer representatives: Andrea Hattan, an Assistant United States Attorney in Anchorage; Jamie McGrady, an Assistant Federal Defender in Anchorage; Richard Monkman, a private practitioner in Juneau; and Mary Pinkel, an Assistant Attorney General for the State of Alaska in Anchorage. Darrel Gardner, an Assistant Federal Defender, serves as the chair of the Lawyers Representative Coordinating Committee (LRCC) for the Ninth Circuit and as the Vice-President of the Federal Bar Association of the Ninth Circuit. Contact information for the Alaska District’s Lawyer Representatives is as follows: (1) Andrea Hattan, Assistant United States Attorney; (907) 271-5071; [email protected]; (2) Jamie McGrady, Assistant Federal Defender; (907) 646-3400; [email protected]; (3) Richard Monkman; (907)586-5880; [email protected]; and (4) Mary Pinkel, Assistant Attorney General; (907) 269-5190; [email protected]. JUDICIAL NEWS The Alaska District Court, under the leadership of Chief Judge Timothy Burgess, is in the planning process for a new courthouse, is revising both the local civil and criminal rules, and is in the process of hiring a new full-time Magistrate Judge. Judge Sharon Gleason has been working steadfastly with a local committee of attorneys to revise the local civil rules. She anticipates that the draft proposed new rules will be circulated for comment later this summer and that the revised rules will be in place by December 1, 2018, the date amendments to the Federal Rules of Civil Procedure become effective. -
September(27+29,(2013( Hon
Jus4ces(and( Judges( Women&Transforming&Our& Communi1es&and&the&World& September(27+29,(2013( Hon. Ruth I. Abrams Class of 1956 “… it was clear one judge didn’t want me in the courtroom [even though I was the Assistant DA in Middlesex County]. He said I could not be in the courtroom without a hat and white gloves. The white hat and gloves were an excuse. Do you know how dirty the old Middlesex County courthouse was?” Honorable Ruth I. Abrams (Ret.) Justice, First Female Justice of the Massachusetts Supreme Judicial Court Harvard Law School Class of 1956 Radcliffe College (A.B., 1953) Hon. Cynthia G. Aaron '84 Hon. Sharon V. Burrell '82 Hon. Mary Grace Diehl '77 Hon. Justice Arden '70 Hon. Zoe A. Bush '79 Hon. Raya S. Dreben '54 Hon. Christine M. Arguello '80 Hon. V. Buthelezi-Khampepe '82 Hon. Fernande R. V. Duffly '78 Hon. Deborah A. Batts '72 Hon. Diane O. Campbell '76 Hon. Antoinette L. Dupont '54 Hon. Carol Berkman '67 Hon. Yvonne E. Campos '88 Hon. Jacquelyn P. Eckert '94 Hon. Marie-France Bich '80 Hon. Susan L. Carney '77 Hon. Maryanne E. Elliott '90 Hon. Cathy Bissoon '93 Hon. Denise Jefferson Casper '94 Hon. Christine C. Ewell '86 Hon. Catherine C. Blake '75 Hon. Shelley C. Chapman '81 Hon. Gail Ruderman Feuer '84 Hon. Karen J. Brandt '79 Hon. Dorothy Chin-Brandt '75 Hon. Dale S. Fischer '80 Hon. F. S. Brenneman '53 Hon. Cynthia J. Cohen '75 Hon. Fern Fisher '78 Hon. Eileen M. Brewer '87 Hon. Laura A. Cordero '88 Hon. -
Opioid & Stimulant Fact Sheet
FOR IMMEDIATE RELEASE CONTACT: KARA MCCARTHY, 202-307-1241 FRIDAY, OCTOBER 16, 2020 [email protected] OPIOID & STIMULANT FACT SHEET JUSTICE DEPARTMENT AWARDS MORE THAN $340 MILLION TO COMBAT OPIOID AND STIMULANT CRISES The Department of Justice’s Office of Justice Programs awarded grants totaling more than $340 million to help fight the addiction crisis looming over the United States, dramatically impacting crime victims, children, families, first responders and communities at large. Four components within OJP – the Bureau of Justice Assistance (BJA), the Office of Juvenile Justice and Delinquency Prevention (OJJDP), the Office for Victims of Crime (OVC) and the National Institute of Justice (NIJ) – provided funds to address the opioid and stimulant crisis. The following grants were awarded to help fight this crisis: Comprehensive Opioid, Stimulant, and Substance Abuse Site-based and Harold Rogers Prescription Drug Monitoring Programs BJA awarded 110 grants totaling more than $147 million to jurisdictions under BJA’s Comprehensive Opioid, Stimulant, and Substance Abuse Site-based Program, which provides financial and technical assistance to state, local and tribal jurisdictions to reduce opioid and stimulant abuse and fatalities, and mitigate impacts on crime victims. Authorized by the 2016 Comprehensive Addiction and Recovery Act, these programs offer grant awards across three focus areas. Category 1 encourages and supports the development of comprehensive, locally driven responses to the opioid and stimulant epidemics that expand access to supervision, treatment and recovery support services across the criminal justice system; support law enforcement and other first responder diversion programs for non-violent drug offenders; promote education and prevention activities; and address the needs of children impacted by the opioid and stimulant epidemics.