United States Court of Appeals for the Third Circuit

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The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts:

• District of Delaware
• District of New Jersey
• Eastern District of Pennsylvania
• Middle District of Pennsylvania
• Western District of Pennsylvania

It also has appellate jurisdiction over the District Court of the Virgin Islands which, in spite of the name, is a territorial court and belongs to no federal judicial district.

The court is composed of 14 active judges and is based at the U.S. Courthouse in Philadelphia, Pennsylvania. It is one of thirteen United States courts of appeals.

Contents 1 Current composition of the court 2 Vacancies and pending nominations 3 List of former judges 4 Chief judges 5 Succession of seats 6 Trivia 7 See also 8 Notes 9 References 10 External links 11 Navigation

[edit] Current composition of the court

As of 2009^[update], the judges on the court are:

#	Title	Judge	Duty station	Born	Term of service			Appointed by
					Active	Chief	Senior
44	Chief Judge	Anthony Joseph Scirica	Philadelphia, PA	1940	1987–present	2003–present	—	Reagan
38	Circuit Judge	Dolores Korman Sloviter	Philadelphia, PA	1932	1979–present	1991–1998	—	Carter
50	Circuit Judge	Theodore A. McKee	Philadelphia, PA	1947	1994–present	—	—	Clinton
52	Circuit Judge	Marjorie O. Rendell	Philadelphia, PA	1947	1997–present	—	—	Clinton
53	Circuit Judge	Maryanne Trump Barry	Newark, NJ	1937	1999–present	—	—	Clinton
54	Circuit Judge	Thomas L. Ambro	Wilmington, DE	1949	2000–present	—	—	Clinton
55	Circuit Judge	Julio M. Fuentes	Newark, NJ	1946	2000–present	—	—	Clinton
56	Circuit Judge	D. Brooks Smith	Duncansville, PA	1951	2002–present	—	—	G.W. Bush
58	Circuit Judge	D. Michael Fisher	Pittsburgh, PA	1944	2003–present	—	—	G.W. Bush
60	Circuit Judge	Michael Chagares[1]	Newark, NJ	1962	2006–present	—	—	G.W. Bush
61	Circuit Judge	Kent A. Jordan[2]	Wilmington, DE	1957	2006–present	—	—	G.W. Bush
62	Circuit Judge	Thomas M. Hardiman	Pittsburgh, PA	1965	2007–present	—	—	G.W. Bush
—	Circuit Judge	(vacant - seat 4)	(n/a)	(n/a)	(n/a)	(n/a)	(n/a)	(n/a)
—	Circuit Judge	(vacant - seat 9)	(n/a)	(n/a)	(n/a)	(n/a)	(n/a)	(n/a)
28	Senior Circuit Judge	Ruggero J. Aldisert	Santa Barbara, CA	1919	1968–1986	1984–1986	1986–present	L. Johnson
35	Senior Circuit Judge	Joseph F. Weis Jr.	Pittsburgh, PA	1923	1973–1988	(none)	1988–present	Nixon
36	Senior Circuit Judge	Leonard I. Garth	Newark, NJ	1921	1973–1986	(none)	1986–present	Nixon
41	Senior Circuit Judge	Walter King Stapleton	Wilmington, DE	1934	1985–1999	(none)	1999–present	Reagan
42	Senior Circuit Judge	Morton Ira Greenberg	Trenton, NJ	1933	1987–2000	(none)	2000–present	Reagan
45	Senior Circuit Judge	Robert E. Cowen	Trenton, NJ	1930	1987–1998	(none)	1998–present	Reagan
46	Senior Circuit Judge	Richard Lowell Nygaard	Erie, PA	1940	1988–2005	(none)	2005–present	Reagan
48	Senior Circuit Judge	Jane Richards Roth	Wilmington, DE	1935	1991–2006	(none)	2006–present	G.H.W. Bush
59	Senior Circuit Judge	Franklin Stuart Van Antwerpen	Easton, PA	1941	2004–2006	(none)	2006–present	G.W. Bush

[edit] Vacancies and pending nominations

On June 19, 2009, Barack Obama nominated Federal District Court Judge Joseph A. Greenaway, Jr. to the 3rd Circuit seat left vacant by the elevation of Judge Samuel Alito to the Supreme Court.^[3]

On August 6, 2009, Barack Obama nominated Federal District Court Judge Thomas I. Vanaskie to the 3rd Circuit seat left vacant by the decision by Judge Franklin Stuart Van Antwerpen to take senior status in 2006.^[4]

[edit] List of former judges

#	Judge	State	Born/Died	Active service	Term as Chief Judge	Senior status	Appointed by	Reason for termination
1	Acheson, Marcus WilsonMarcus Wilson Acheson	PA	1828–1906	1891–1906	(none)	(none)	[5]	death
2	Dallas, George M.George M. Dallas	PA	1839–1917	1892–1909	(none)	(none)	B. Harrison	retirement
3	Gray, GeorgeGeorge Gray	DE	1840–1925	1899[6]–1914	(none)	(none)	McKinley	retirement
4	Buffington, JosephJoseph Buffington	PA	1855–1947	1906[6]–1938	(none)	1938–1947	T. Roosevelt	death
5	Lanning, William MershonWilliam Mershon Lanning	NJ	1849–1912	1909–1912	(none)	(none)	Taft	death
—	Archbald, Robert W.Robert W. Archbald	PA	1848–1926	1911–1913	(none)	(none)	[7]	impeachment and conviction
6	McPherson, John BayardJohn Bayard McPherson	PA	1846–1919	1912–1919	(none)	(none)	Taft	death
7	Woolley, Victor BaynardVictor Baynard Woolley	DE	1867–1945	1914–1938	(none)	1938–1945	Wilson	death
8	Haight, Thomas GriffithThomas Griffith Haight	NJ	1879–1942	1919[6]–1920	(none)	(none)	Wilson	resignation
9	Davis, John WarrenJohn Warren Davis	NJ	1867–1945	1920–1939	(none)	1939–1941	Wilson	resignation
10	Thompson, Joseph WhitakerJoseph Whitaker Thompson	PA	1861–1946	1931–1938	(none)	1938–1946	Hoover	death
11	Biggs, Jr., JohnJohn Biggs, Jr.	DE	1895–1979	1937–1965	1948–1965	1965–1979	F. Roosevelt	death
12	Maris, Albert BransonAlbert Branson Maris	PA	1893–1989	1938–1958	(none)	1958–1989	F. Roosevelt	death
13	Clark, WilliamWilliam Clark	NJ	1891–1957	1938–1943	(none)	(none)	F. Roosevelt	resignation
14	Biddle, FrancisFrancis Biddle	PA	1886–1968	1939–1940	(none)	(none)	F. Roosevelt	resignation
15	Jones, Charles AlvinCharles Alvin Jones	PA	1887–1966	1939–1944	(none)	(none)	F. Roosevelt	resignation
16	Goodrich, Herbert FunkHerbert Funk Goodrich	PA	1889–1962	1940–1962	(none)	(none)	F. Roosevelt	death
17	McLaughlin, GeraldGerald McLaughlin	NJ	1893–1977	1943–1968	(none)	1968–1977	F. Roosevelt	death
18	O'Connell, John JosephJohn Joseph O'Connell	PA	1894–1949	1945–1949	(none)	(none)	Truman	death
19	Kalodner, Harry EllisHarry Ellis Kalodner	PA	1896–1977	1946–1969	1965–1966	1969–1977	Truman	death
20	Hastie, William HenryWilliam Henry Hastie	VI	1904–1976	1949[6]–1971	1968–1971	1971–1976	Truman	death
21	Staley, Austin LeanderAustin Leander Staley	PA	1902–1978	1950–1967	1966–1967	1967–1978	Truman	death
22	Forman, PhillipPhillip Forman	NJ	1895–1978	1959–1961	(none)	1961–1978	Eisenhower	death
23	Ganey, James CullenJames Cullen Ganey	PA	1899–1972	1961–1966	(none)	1966–1972	Kennedy	death
24	Smith, William FrancisWilliam Francis Smith	NJ	1903–1968	1961–1968	(none)	(none)	Kennedy	death
25	Freedman, Abraham LincolnAbraham Lincoln Freedman	PA	1904–1971	1964–1971	(none)	(none)	L. Johnson	death
26	Seitz, Collins JacquesCollins Jacques Seitz	DE	1914–1998	1966–1989	1971–1984	1989–1998	L. Johnson	death
27	Van Dusen, Francis LundFrancis Lund Van Dusen	PA	1912–1993	1967–1977	(none)	1977–1993	L. Johnson	death
29	Stahl, David HenryDavid Henry Stahl	PA	1920–1970	1968–1970	(none)	(none)	L. Johnson	death
30	Adams, Arlin M.Arlin M. Adams	PA	1921–present	1969–1987	(none)	(none)	Nixon	retirement
31	Gibbons, John JosephJohn Joseph Gibbons	NJ	1924–present	1969–1990	1987–1990	(none)	Nixon	retirement
32	Rosenn, MaxMax Rosenn	PA	1910-2006[8]	1970–1981	(none)	1981–2006	Nixon	death
33	Rosen, JamesJames Rosen	NJ	1909–1972	1971–1972	(none)	(none)	Nixon	death
34	Hunter III, JamesJames Hunter III	NJ	1916–1989	1971–1986	(none)	1986–1989	Nixon	death
37	Higginbotham, Jr., Aloyisus LeonAloyisus Leon Higginbotham, Jr.	PA	1928–1998	1977–1991	1990–1991	1991–1993	Carter	retirement
39	Becker, Edward RoyEdward Roy Becker[9]	PA	1933–2006	1981–2003	1998–2003	2003–2006	Reagan	death
40	Mansmann, Carol LosCarol Los Mansmann	PA	1942–2002	1985–2002	(none)	(none)	Reagan	death
43	Hutchinson, William D.William D. Hutchinson	PA	1932–1995	1987–1995	(none)	(none)	Reagan	death
47	Alito, Jr., Samuel A.Samuel A. Alito, Jr.	NJ	1950–present	1990–2006	(none)	(none)	G.H.W. Bush	elevation to Supreme Court
49	Lewis, Timothy K.Timothy K. Lewis	PA	1954–present	1992–1999	(none)	(none)	G.H.W. Bush	resignation
51	Sarokin, H. LeeH. Lee Sarokin	NJ	1928–present	1994–1996	(none)	(none)	Clinton	retirement
57	Chertoff, MichaelMichael Chertoff	NJ	1953–present	2003–2005	(none)	(none)	G.W. Bush	resignation to become United States Secretary of Homeland Security

[edit] Chief judges

Chief Judge Biggs 1948–1965 Kalodner 1965–1966 Hastie 1968–1971 Staley 1966–1967 Seitz 1971–1984 Aldisert 1984–1986 Gibbons 1987–1990 Higginbotham 1990–1991 Sloviter 1991–1998 Becker 1998–2003 Scirica 2003–present

In order to qualify for the office of Chief Judge, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as Chief Judge. A vacancy in the office of Chief Judge is filled by the judge highest in seniority among the group of qualified judges. The Chief Judge serves for a term of seven years or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position. Unlike the Chief Justice of the United States, a Chief Judge returns to active service after the expiration of his or her term and does not create a vacancy on the bench by the fact of his or her promotion. See 28 U.S.C. § 45.

The above rules have applied since October 1, 1982. The office of Chief Judge was created in 1948 and until August 6, 1959 was filled by 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. From then until 1982 it was filled by the senior such judge who had not turned 70.

[edit] Succession of seats

The court has fourteen seats for active judges, numbered in the order in which they were filled. Judges who retire into senior status remain on the bench but leave their seat vacant. That seat is filled by the next circuit judge appointed by the President.

Seat 1 Established on December 10, 1869 by the Judiciary Act of 1869 as a circuit judgeship for the Third Circuit Reassigned on June 16, 1891 to the newly formed United States Circuit Court of Appeals for the Third Circuit by the Judiciary Act of 1891 Acheson PA 1891–1906 Buffington PA 1906–1938 Biddle PA 1939–1940 Goodrich PA 1940–1962 Freedman PA 1964–1971 Weis PA 1973–1988 Nygaard PA 1988–2005 Hardiman PA 2007–present

Seat 2 Established on June 16, 1891 by the Judiciary Act of 1891 Dallas PA 1892–1909 Lanning NJ 1909–1912 McPherson PA 1912–1919 Haight NJ 1919–1920 Davis NJ 1920–1939 Jones PA 1939–1944 Kalodner PA 1946–1969 Adams PA 1969–1987 Hutchinson PA 1987–1995 Rendell PA 1997–present

Seat 3 Established on February 23, 1899 by 30 Stat. 846 Gray DE 1899–1914 Woolley DE 1914–1938 Maris PA 1938–1958 Forman NJ 1959–1961 W. Smith NJ 1961–1968 Hunter NJ 1971–1986 Cowen NJ 1987–1998 Fuentes NJ 2000–present

Seat 4 Established on June 10, 1930 by 46 Stat. 538 Thompson PA 1931–1938 Clark NJ 1938–1943 McLaughlin NJ 1943–1968 Gibbons NJ 1969–1990 Alito NJ 1990–2006 (vacant) (n/a) 2006–present

Seat 5 Established as a temporary judgeship on June 24, 1936 by 49 Stat. 1903 Made permanent on May 31, 1938 by 52 Stat. 584 Biggs DE 1937–1965 Seitz DE 1966–1989 Roth DE 1991–2006 Jordan DE 2006–present

Seat 6 Established on December 7, 1944 by 58 Stat. 796 O'Connell PA 1945–1949 Staley PA 1950–1967 Aldisert PA 1968–1986 Scirica PA 1987–present

Seat 7 Established on August 3, 1949 by 63 Stat. 493 Hastie VI 1949–1971 Rosen NJ 1971–1972 Garth NJ 1973–1986 Greenberg NJ 1987–2000 Chertoff NJ 2003–2005 Chagares NJ 2006–present

Seat 8 Established on May 19, 1961 by 75 Stat. 80 Ganey PA 1961–1966 Van Dusen PA 1967–1977 Higginbotham PA 1977–1991 McKee PA 1994–present

Seat 9 Established on June 18, 1968 by 82 Stat. 184 Stahl PA 1968–1970 Rosenn PA 1970–1981 Becker PA 1981–2003 Van Antwerpen PA 2004–2006 (vacant) (n/a) 2006–present

Seat 10 Established on October 20, 1978 by 92 Stat. 1629 Sloviter PA 1979–present

Seat 11 Established on July 10, 1984 by 98 Stat. 333 Mansmann PA 1985–2002 Fisher PA 2003–present

Seat 12 Established on July 10, 1984 by 98 Stat. 333 Stapleton DE 1985–1999 Ambro DE 2000–present

Seat 13 Established on December 1, 1990 by 104 Stat. 5089 Lewis PA 1992–1999 B. Smith PA 2002–present

Seat 14 Established on December 1, 1990 by 104 Stat. 5089 Sarokin NJ 1994–1996 Barry NJ 1999–present

[edit] Trivia

Following the confirmation of Thomas Hardiman, the Third Circuit is the only of the Federal Courts of Appeals to be split evenly between Republican and Democratic-appointed judges.

See Federal judicial appointment history.

[edit] See also

• Federal judicial appointment history#Third Circuit

[edit] Notes

[edit] References

• "Third Circuit Court of Appeals Judges" (PDF). Official website of the United States Court of Appeals for the Third Circuit. http://www.ca3.uscourts.gov/judgelist/coa-jdgs.pdf. Retrieved 2005-05-30. 
  • PDF (34 kB)
  • source for the duty stations
• "U. S. Court of Appeals for the Third Circuit". Official website of the Federal Judicial Center. http://www.fjc.gov/history/home.nsf/usca_03_frm?OpenFrameSet. Retrieved 2005-05-30. 
  • source for the state, lifetime, term of active judgeship, term of chief judgeship, term of senior judgeship, appointer, termination reason, and seat information

[edit] External links

• United States Court of Appeals for the Third Circuit
• Recent opinions from Findlaw

[edit] Navigation

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