United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, with appellate jurisdiction over the district courts in the following districts: District of Maryland Eastern District of North Carolina Middle District of North Carolina Western District of North Carolina District of South Carolina Eastern District of Virginia Western District of Virginia Northern District of West Virginia Southern District of West VirginiaThe court is based at the Lewis F. Powell Jr. United States Courthouse in Richmond, Virginia. With 15 authorized judgeships, it is mid-sized among the 13 United States Courts of Appeals; as of March 21, 2019, the judges on the court are as follows: Chief judges have administrative responsibilities with respect to their circuits, preside over any panel on which they serve unless the circuit justice is on the panel. Unlike the Supreme Court, where one justice is nominated to be chief, the office of chief judge rotates among the circuit judges.
To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, have not served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges; the chief judge serves until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position; when the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire on what has since 1958 been known as senior status or declined to serve as chief judge. After August 6, 1959, judges could not remain chief after turning 70 years old; the current rules have been in operation since October 1, 1982. The court has fifteen seats for active judges, numbered in the order. Judges who retire into senior status leave their seat vacant; that seat is filled by the next circuit judge appointed by the president. The Fourth is the most efficient circuit, taking an average of just over seven months to resolve each appeal.
From 2000 to 2008, the Court had the highest rate of non-publication on the Federal Circuit. The Chief Justice is always assigned to the Fourth Circuit as the circuit advisory justice, due to Richmond's close proximity to Washington, D. C; the Fourth Circuit is considered an collegial court. By tradition, the Judges of the Fourth Circuit come down from the bench following each oral argument to greet the lawyers. Federal judicial appointment history#Fourth Circuit Same-sex marriage in the Fourth Circuit United States Court of Appeals for the Fourth Circuit Recent opinions from Findlaw
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: Eastern District of Louisiana Middle District of Louisiana Western District of Louisiana Northern District of Mississippi Southern District of Mississippi Eastern District of Texas Northern District of Texas Southern District of Texas Western District of TexasThe court is one of 13 United States courts of appeals. Composed of 17 active judges, it is based at the John Minor Wisdom United States Court of Appeals Building in New Orleans, with the clerk's office located at the F. Edward Hebert Federal Building in New Orleans; this court was created by the Evarts Act on June 16, 1891, which moved the circuit judges and appellate jurisdiction from the Circuit Courts of the Fifth Circuit to this court. At the time of its creation, the Fifth Circuit covered Florida, Alabama, Mississippi and Texas. On June 25, 1948, the Panama Canal Zone was added to the Fifth Circuit by 62 Stat. 870.
On October 1, 1981, under Pub. L. 96–452, the Fifth Circuit was split: Alabama and Florida were moved to the new Eleventh Circuit. On March 31, 1982, the Fifth Circuit lost jurisdiction over the Panama Canal Zone, transferred to Panamanian control. During the late 1950s, Chief Judge Elbert Tuttle and three of his colleagues became known as the "Fifth Circuit Four", or "The Four", for decisions crucial in advancing the civil rights of African Americans. In this, they were opposed by their fellow Fifth Circuit Judge, Benjamin F. Cameron of Mississippi, until his death in 1964. Hurricane Katrina struck New Orleans on August 29, 2005, devastating the city and damaging the John Minor Wisdom Courthouse. All deadlines concerning filings were extended; the court temporarily relocated its administrative operations to Houston, but has since returned to normal operations in New Orleans. As of July 19, 2018, the judges on the court are as follows: Chief judges have administrative responsibilities with respect to their circuits, preside over any panel on which they serve unless the circuit justice is on the panel.
Unlike the Supreme Court, where one justice is nominated to be chief, the office of chief judge rotates among the circuit judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, have not served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges; the chief judge serves until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position; when the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire on what has since 1958 been known as senior status or declined to serve as chief judge. After August 6, 1959, judges could not remain chief after turning 70 years old; the current rules have been in operation since October 1, 1982. The court has had 29 seats for active judges. Twelve of these seats were reassigned to the United States Court of Appeals for the Eleventh Circuit, leaving a seventeen-seat court.
The seats are numbered in the order. Judges who retire into senior status leave their seat vacant; that seat is filled by the next circuit judge appointed by the president. Courts of Louisiana Courts of Texas Federal judicial appointment history #Fifth Jack. Unlikely Heroes. University of Alabama Press. ISBN 0-8173-0491-6. United States Court of Appeals for the Fifth Circuit Recent Fifth Circuit opinions from FindLaw Criminal law opinions from the Fifth Circuit Business litigation opinions from the Fifth Circuit
Maryland Court of Appeals
The Court of Appeals of Maryland is the supreme court of the U. S. state of Maryland. The court, composed of one chief judge and six associate judges, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis; the term of the Court begins the second Monday of September. The Court is unique among American courts; the Maryland Court of Appeals joins the New York Court of Appeals in being the only two state highest courts to bear the name "Court of Appeals" rather than "Supreme Court". As Maryland's highest court, the Court of Appeals reviews cases of both minor importance. Throughout the year, the Court of Appeals holds hearings on the adoption or amendment of rules of practice and procedure, it supervises the Attorney Grievance Commission and State Board of Law Examiners in attorney disciplinary and admission matters. The Chief Judge of the Court of Appeals, designated by the Governor, is the constitutional administrative head of the Maryland judicial system. Cases come before the Court of Appeals on a petition for a writ of certiorari to the Court of Special Appeals.
The court can decline the petition, refuse to hear the case, or it can grant the "cert," and hear the appeal. The judges sometimes decide to hear an appeal; this is known as the Court'granting certiorari on its own motion', or'reaching down'. In this instance, the writ of certiorari is issued to the trial court, rather than to the Court of Special Appeals; the court does not sit in panels. In practice all cases are heard by seven judges, though a quorum for the court is five judges. While it is an Appellate court and hears most cases on appeal, the Court of Appeals has exclusive jurisdiction over certain matters, such as legislative redistricting, removal of certain officers, certification of questions of law. Additionally, it had exclusive jurisdiction in death penalty appeals prior to the abolition of capital punishment in Maryland; as the state's "supreme court," the Court of Appeals retains original jurisdiction to discipline all attorneys admitted to the practice of law in Maryland. They can impose penalties ranging from reprimands to disbarrment.
The seven judges of the Court of Appeals are appointed by the Governor of Maryland with Senate consent. They serve ten-year terms. However, note that the ballot for re-election says only'for continuance in office'. I.e. There is no opposing candidate; the Judges of the court are required to be qualified voters in Maryland. Prior to their appointment, they must have resided in Maryland for at least five years, must have resided for at least six months in the appellate judicial circuit from which they are appointed, they must be at least thirty years of age at the time of appointment, must have been admitted to practice law in Maryland. Appointees should be "most distinguished for integrity and sound legal knowledge." After initial appointment by the Governor and confirmation by the Senate, members of the court, at the first general election occurring at least one year after their appointment, run for continuance in office on their records without opposition. If the voters reject the retention in office of a judge, or the vote is tied, the office becomes vacant.
Otherwise, the incumbent judge is retained in office for a ten-year term. This requirement of voter approval is similar to provisions in the Missouri Plan, a non-partisan method for selecting judges, used by 11 states. Like all Maryland judges, members of the Court of Appeals must retire by their 70th birthday. There is one judge from each of the state's seven Appellate Judicial Circuits; each judge is required to be a resident of her respective circuit. The circuits are as follows: Unlike most other states, the jurists on the Maryland Court of Appeals are called judges, not justices. Unlike most other American federal and local courts, the judges on the Court of Appeals wear red robes and with white cross-collars, reminiscent of British court dress. Judges at all other levels of the Maryland judiciary wear the more customary black robes; as the highest tribunal in Maryland, the Court of Appeals was created by Article 56 of the Maryland Constitution of 1776. The Court was to be "composed of persons of integrity and sound judgment in the law, whose judgment shall be final and conclusive in all cases of appeal, from the general court, court of chancery, court of admiralty..."
With counsel and consent, the Governor appointed all of the judges. Five judges were commissioned in 1778, but that number was reduced to three in 1801; the Court was restructured in 1806 by dividing the State into six judicial districts with a chief judge and two associate judges for each district appointed by the Governor and Council. Together, these six chief judges constituted the Court of Appeals which began to sit on the Eastern Shore at Easton as well as on the Western Shore at the State capital; the Maryland Constitution of 1851 divided the State into four judicial districts. Voters of each district elected a judge to the Court of Appeals for a ten-year term; the Court became responsible for appellate duties and sat only at Annapolis, whereas before it sat in various locations throughout the State. Five judges, each elected from one of five judicial districts, were prescribed by the Maryland Constitution of 1864; the Maryland Constitution of 1867 (cu
United States Court of Appeals for the Tenth Circuit
The United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts: District of Colorado District of Kansas District of New Mexico Eastern District of Oklahoma Northern District of Oklahoma Western District of Oklahoma District of Utah District of WyomingThese districts were part of the Eighth Circuit until 1929. The court is composed of twelve active judges and is based at the Byron White U. S. Courthouse in Denver, Colorado, it is one of thirteen United States courts of appeals and has jurisdiction over 560,625 square miles, or 20 percent of the country's land mass. Congress created a new judicial circuit in 1929 to accommodate the increased caseload in the federal courts. Between 1866 and 1912, twelve new states had entered the Union and been incorporated into the Eighth and Ninth Circuits; the Eighth Circuit had become the largest in the nation. Chief Justice William Howard Taft suggested the reorganization of the Eight Circuit Court in response to widespread opposition in 1928 to a proposal to reorganize the nation's entire circuit structure.
The original plan had sprung from an American Bar Association committee in 1925 and would have changed the composition of all but two circuits. The House of Representatives considered two proposals to divide the existing Eighth Circuit. A bill by Representative Walter Newton would separate the circuit's western states. An alternate proposal divided the northern from the southern states. With the judges and bar of the existing Eighth Circuit for Newton's bill and little opposition to dividing the circuit, lawmakers focused on providing for more judgeships and meeting places of the circuit courts of appeals in their deliberations. Congress passed a statute that placed Minnesota, North Dakota, South Dakota, Nebraska and Arkansas in the Eighth Circuit and created a Tenth Circuit that included Wyoming, Utah, New Mexico and Oklahoma. Three additional judgeships were authorized and the sitting circuit judges were reassigned according to their residence; the Tenth Circuit was assigned a total of four judgeships.
As of May 17, 2018, the judges on the court are as follows: Chief judges have administrative responsibilities with respect to their circuits, preside over any panel on which they serve unless the circuit justice is on the panel. Unlike the Supreme Court, where one justice is nominated to be chief, the office of chief judge rotates among the circuit judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, have not served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges; the chief judge serves until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position; when the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire on what has since 1958 been known as senior status or declined to serve as chief judge. After August 6, 1959, judges could not remain chief after turning 70 years old.
The current rules have been in operation since October 1, 1982. The court has twelve seats for active judges, numbered in the order. Judges who retire into senior status leave their seat vacant; that seat is filled by the next circuit judge appointed by the president. Federal judicial appointment history of the Tenth Circuit "Standard Search". Federal Law Clerk Information System. Archived from the original on October 21, 2005. Retrieved June 16, 2005.primary but incomplete source for the duty stations "Instructions for Judicial Directory". Website of the University of Texas Law School. Archived from the original on November 11, 2005. Retrieved July 4, 2005.secondary source for the duty stations data is current to 2002 "U. S. Court of Appeals for the Tenth Circuit". Official website of the Federal Judicial Center. Archived from the original on January 1, 2005. Retrieved June 16, 2005.source for the state, term of active judgeship, term of chief judgeship, term of senior judgeship, termination reason, seat information United States Court of Appeals for the Tenth Circuit Recent opinions from FindLaw The Tenth Judicial Circuit Historical Society
Colorado Court of Appeals
The Colorado Court of Appeals is the intermediate-level appellate court for the state of Colorado. It was established by statute in 1891, abolished in 1905, but re-established in 1913, re-abolished in 1917 and established its current form again in 1970 by the Colorado General Assembly under Article VI, Section 1 of the Constitution of Colorado. The Court of Appeals has appellate jurisdiction over final judgments of district courts acting as trial courts, of 33 kinds of administrative agency or board determinations, it is bypassed in the case of death penalty appeals, cases in which a lower court has declared a law or ordinance to be unconstitutional, appeals from Public Utilities Commission decisions, certain appeals related to the initiative process, interlocutory relief, the further appeal of cases appealed from a county or municipal court to a district court judge, all of which are appealed directly to the Colorado Supreme Court. There is a single geographical division of the Colorado Court of Appeals.
The court sits in three-member divisions to decide cases. The chief judge, appointed by the Chief Justice of the Supreme Court, assigns judges to the divisions and rotates their assignments; the Colorado Court of Appeals does not have any internal subject-matter divisions, it does not have "en banc" review of panel decisions as the federal United States courts of appeals do. The court is authorized to sit in any county seat to hear cases; the court sends panels once a year to decide cases at the University of Colorado School of Law and the Sturm College of Law at the University of Denver to allow law students to observe the appellate process. The court has two courtrooms in the Ralph L. Carr Colorado Judicial Center, located at 2 East 14th Avenue in Denver, Colorado; these court has many others employee including support staff, law clerk and attorneys. There are 105 court employees, including the judges; the Colorado appeals court had appealed more than 100 cases each year since 2012. In the past two decades the states appeal court has experienced a dramatic increase in both caseload volume and delay, because of this, case time is measured in terms of months and years.
The Colorado Court of Appeals, located in Denver, has 22 judges. The judges are subject to retention elections; each of these judges has his or her own separate chambers located in the Ralph L. Carr Judicial Center. Chief Judge Alan M. Loeb Judge Daniel M. Taubman Judge John Daniel Dailey Judge John R. Webb Judge Robert D. Hawthorne Judge Gilbert M. Roman Judge David M. Furman Judge Steve Bernard Judge Diana Terry Judge Jerry N. Jones Judge Nancy J. Lichtenstein Judge David J. Richman Judge Laurie A. Booras Judge Terry Fox Judge Stephanie Dunn Judge Anthony J. Navarro Judge Karen M. Ashby Judge Michael H. Berger Judge Elizabeth L. Harris Judge Rebecca R. Freyre Judge Craig R. Welling Judge Ted C. Tow III 1. "Columbia Law Review Association, Inc." JSTOR. Columbia Law Review, n.d. Web. 8 Dec. 2014. 2. Smith, Eduard. "Court of Appeals." Duke Law Review, n.d. Web. 5 July 2013. 3. Bryson, Elizabeth. "Colorado Judicial Branch - Court of Appeals - Homepage." Colorado Judicial Branch - Court of Appeals - Homepage.
Colorado Judicial Branch, n.d. Web. 1 Aug. 2015. Official homepage of the Colorado Court of Appeals Procedures and policies of the Court of Appeals
North Carolina Court of Appeals
The North Carolina Court of Appeals is the only intermediate appellate court in the state of North Carolina. It is composed of fifteen members; the Court of Appeals was created by the North Carolina General Assembly in 1967 after voters approved a constitutional amendment in 1965 which "authorized the creation of an intermediate court of appeals to relieve pressure on the North Carolina Supreme Court."Judges serve eight-year terms and are elected in statewide elections. The General Assembly made Court of Appeals elections non-partisan starting with the 2004 elections, but made them partisan again after the 2016 elections. A complete list of former judges can be found at a site maintained by the N. C. Supreme Court Historical Society. North Carolina Supreme Court Official site
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U. S. Federal court with appellate jurisdiction over the district courts in the following districts: District of Alaska District of Arizona Central District of California Eastern District of California Northern District of California Southern District of California District of Hawaii District of Idaho District of Montana District of Nevada District of Oregon Eastern District of Washington Western District of WashingtonIt has appellate jurisdiction over the following territorial courts: District of Guam District of the Northern Mariana IslandsHeadquartered in San Francisco, the Ninth Circuit is by far the largest of the thirteen courts of appeals, with 29 active judgeships; the court's regular meeting places are Seattle at the William Kenzo Nakamura United States Courthouse, Portland at the Pioneer Courthouse, San Francisco at the James R. Browning U. S. Court of Appeals Building, Pasadena at the Richard H. Chambers U. S. Court of Appeals.
Panels of the court travel to hear cases in other locations within the circuit. Although the judges travel around the circuit, the court arranges its hearings so that cases from the northern region of the circuit are heard in Seattle or Portland, cases from southern California are heard in Pasadena, cases from northern California, Nevada and Hawaii are heard in San Francisco. For lawyers who must come and present their cases to the court in person, this administrative grouping of cases helps to reduce the time and cost of travel; the large size of the current court is because both the population of the western states and the geographic jurisdiction of the Ninth Circuit have increased since the U. S. Congress created the United States Court of Appeals for the Ninth Circuit in 1891; the court was granted appellate jurisdiction over federal district courts in California, Montana, Nevada and Washington. As new states and territories were added to the federal judicial hierarchy in the twentieth century, many of those in the West were placed in the Ninth Circuit: the newly acquired Territory of Hawaii in 1900, Arizona upon its admission to the Union in 1912, the Territory of Alaska in 1948, Guam in 1951, the Commonwealth of the Northern Mariana Islands in 1977.
The Ninth Circuit had jurisdiction over certain American interests in China, in that it had jurisdiction over appeals from the United States Court for China during the existence of that court from 1906 through 1943. However, the Philippines were never under the Ninth Circuit's jurisdiction. Congress never created a federal district court in the Philippines from which the Ninth Circuit could hear appeals. Instead, appeals from the Supreme Court of the Philippines were taken directly to the Supreme Court of the United States. In 1979, the Ninth Circuit became the first federal judicial circuit to set up a Bankruptcy Appellate Panel as authorized by the Bankruptcy Reform Act of 1978; the cultural and political jurisdiction of the Ninth Circuit is just as varied as the land within its geographical borders. In a dissenting opinion in a rights of publicity case involving the Wheel of Fortune star Vanna White, Circuit Judge Alex Kozinski sardonically noted that "or better or worse, we are the Court of Appeals for the Hollywood Circuit."
Judges from more remote parts of the circuit note the contrast between legal issues confronted by populous states such as California and those confronted by rural states such as Alaska, Idaho and Nevada. Judge Andrew J. Kleinfeld, who maintains his judicial chambers in Fairbanks, wrote in a letter in 1998: "Much federal law is not national in scope.... It is easy to make a mistake construing these laws when unfamiliar with them, as we are, or not interpreting them as we never do." Some argue. From 1999 to 2008, of the 0.151% of Ninth Circuit Court rulings that were reviewed by the Supreme Court, 20% were affirmed, 19% were vacated, 61% were reversed. From 2010 to 2015, of the cases it accepted to review, the Supreme Court reversed around 79 percent of the cases from the Ninth Circuit, ranking its reversal rate third among the circuits; some argue the court's high percentage of reversals is illusory, resulting from the circuit hearing more cases than the other circuits. This results in the Supreme Court reviewing a smaller proportion of its cases, letting stand the vast majority of its cases.
Some argue. Chief among these is the Ninth Circuit's unique rules concerning the composition of an en banc court. In other circuits, en banc courts are composed of all active circuit judges, plus any senior judges who took part in the original panel decision. By contrast, in the Ninth Circuit it is impractical for 29 or more judges to take part in a single oral argument and deliberate on a decision en masse; the court thus provides for a limited en banc review of a randomly selected 11 judge panel. This means that en banc reviews may not reflect the views of the majority of the court and indeed may not include any of the three judges involved in the decision being reviewed in the first place; the result, according to detractors, is a high risk of intracircuit conflicts of law where different groupings of judges end up delivering contradictory opinions. That is said to cause uncertainty within the bar. However, en banc review is a relatively