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== Pending nominations ==
== Pending nominations ==
* On [[July 17]], [[2007]], President George W. Bush nominated [[Robert J. Conrad, Jr.]], to Seat 7 vacated by [[James Dickson Phillips, Jr.]].
* On [[July 17]], [[2007]], President George W. Bush nominated [[Robert J. Conrad]], to Seat 7 vacated by [[James Dickson Phillips, Jr.]].
* On [[September 6]], 2007, President Bush nominated [[E. Duncan Getchell]] to Seat 4 vacated by H. Emory Widener, Jr. On [[January 17]], 2008, Getchell informed President Bush in a letter that he wished to withdraw his name for consideration, realizing that he lacked support from the Democratic leadership in the Senate.
* On [[September 6]], 2007, President Bush nominated [[E. Duncan Getchell]] to Seat 4 vacated by H. Emory Widener, Jr. On [[January 17]], 2008, Getchell informed President Bush in a letter that he wished to withdraw his name for consideration, realizing that he lacked support from the Democratic leadership in the Senate.
* On September 6, 2007, President Bush nominated [[Steve A. Matthews]] to Seat 11 vacated by William Wilkins.
* On September 6, 2007, President Bush nominated [[Steve A. Matthews]] to Seat 11 vacated by William Wilkins.

Revision as of 15:18, 22 February 2008

The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia with appellate jurisdiction over the district courts in the following districts:

The court is based at the Lewis F. Powell, Jr. U.S. Courthouse in Richmond, Virginia. With fifteen authorized judgeships (currently there are 10 active judges, two senior judges who continue to hear cases part-time, and two retired judges who no longer hear cases) it is midsized among the thirteen United States courts of appeals.

Current composition of the court

As of July 17, 2007, the judges on the court are:

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
35 Chief Judge Karen J. Williams Orangeburg, SC 1951 1992–present 2007–present — G.H.W. Bush
29 Circuit Judge James Harvie Wilkinson III Charlottesville, VA 1944 1984–present 1996–2003 — Reagan
32 Circuit Judge Paul V. Niemeyer Baltimore, MD 1941 1990–present — — G.H.W. Bush
36 Circuit Judge M. Blane Michael Charleston, WV 1943 1993–present — — Clinton
37 Circuit Judge Diana Jane Gribbon Motz Baltimore, MD 1943 1994–present — — Clinton
38 Circuit Judge William Byrd Traxler, Jr. Greenville, SC 1948 1998–present — — Clinton
39 Circuit Judge Robert Bruce King Charleston, WV 1940 1998–present — — Clinton
40 Circuit Judge Roger L. Gregory Richmond, VA 1953 2000(a)–present — — Clinton/G.W. Bush
41 Circuit Judge Dennis W. Shedd Columbia, SC 1953 2002–present — — G.W. Bush
42 Circuit Judge Allyson Kay Duncan Raleigh, NC 1951 2003–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 7) (n/a) (n/a) (n/a) (n/a) (n/a) (n/a)
— Circuit Judge (vacant - seat 8) (n/a) (n/a) (n/a) (n/a) (n/a) (n/a)
— Circuit Judge (vacant - seat 11) (n/a) (n/a) (n/a) (n/a) (n/a) (n/a)
— Circuit Judge (vacant - seat 13) (n/a) (n/a) (n/a) (n/a) (n/a) (n/a)
24 Senior Circuit Judge James Dickson Phillips, Jr. (inactive) 1922 1978–1994 (none) 1994–present Carter
28 Senior Circuit Judge Robert Foster Chapman (inactive) 1926 1981–1991 (none) 1991–present Reagan
31 Senior Circuit Judge William Walter Wilkins Greenville, SC 1942 1986–2007 2003–2007 2007– present Reagan
33 Senior Circuit Judge Clyde H. Hamilton Columbia, SC 1934 1991–1999 (none) 1999–present G.H.W. Bush

(a) Recess appointment by Bill Clinton, re-appointed by George W. Bush and confirmed by the Senate at a later date.

Pending nominations

List of former judges

# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 Hugh Lennox Bond MD 1828–1893 1891–1893 (none) (none) [1] death
2 Nathan Goff, Jr. WV 1843–1920 1892–1913 (none) (none) B. Harrison resignation
3 Charles Henry Simonton SC 1829–1904 1893–1904 (none) (none) Cleveland death
4 Jeter Connelly Pritchard DC 1857–1921 1904–1921 (none) (none) T. Roosevelt death
5 Charles Albert Woods SC 1852–1925 1913–1925 (none) (none) Wilson death
— Martin Augustine Knapp NY 1843–1923 1916–1923 (none) (none) [2] death
6 Edmund Waddill, Jr. VA 1855–1931 1921–1931 (none) (none) Harding death
7 John Carter Rose MD 1861–1927 1922–1927 (none) (none) Harding death
8 John J. Parker NC 1885–1958 1925[3]–1958 1948–1958 (none) Coolidge death
9 Elliott Northcott WV 1869–1946 1927[3]–1939 (none) 1939–1946 Coolidge death
10 Morris Ames Soper MD 1873–1963 1931[3]–1955 (none) 1955–1963 Hoover death
11 Armistead Mason Dobie VA 1881–1962 1939[3]–1956 (none) 1956–1962 F. Roosevelt death
12 Simon E. Sobeloff MD 1894–1973 1956–1970 1958–1964 1970–1973 Eisenhower death
13 Clement Furman Haynsworth, Jr. SC 1912–1989 1957–1981 1964–1981 1981–1989 Eisenhower death
14 Herbert Stephenson Boreman WV 1897–1982 1959–1971 (none) 1971–1982 Eisenhower death
15 Albert Vickers Bryan VA 1899–1984 1961–1972 (none) 1972–1984 Kennedy death
16 J. Spencer Bell NC 1906–1967 1961–1967 (none) (none) Kennedy death
17 Harrison Lee Winter MD 1921–1990 1966–1990 1981–1989 1990–1990 L. Johnson death
18 James Braxton Craven, Jr. NC 1918–1977 1966–1977 (none) (none) L. Johnson death
19 John D. Butzner, Jr. VA 1917–2006 1967–1982 (none) 1982–2006 L. Johnson death
20 Donald Stuart Russell SC 1906–1998 1971–1998 (none) (none) Nixon death
21 John A. Field, Jr. WV 1910–1995 1971–1976 (none) 1976–1995 Nixon death
22 H. Emory Widener, Jr. VA 1923–2007 1972–2007 (none) 2007 R. Nixon death
23 Kenneth Keller Hall WV 1918–1999 1976–1998 (none) 1998–1999 Ford death
25 Francis Dominic Murnaghan, Jr. MD 1920–2000 1979–2000 (none) (none) Carter death
26 James Marshall Sprouse WV 1923–2004 1979–1992 (none) 1992–1995 Carter retirement
27 Samuel James Ervin III NC 1926–1999 1980–1999 1989–1996 (none) Carter death
30 Emory M. Sneeden DC 1927–1987 1984–1986 (none) (none) Reagan resignation
34 J. Michael Luttig VA 1954–present 1991–2006[4] (none) (none) G.H.W. Bush resignation

Chief judges

Chief Judge
Parker 1948–1958
Sobeloff 1958–1964
Haynsworth 1964–1981
Winter 1981–1989
Ervin 1989–1996
Wilkinson 1996–2003
Wilkins 2003–2007
Williams 2007–present

Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless the circuit justice (the Supreme Court justice responsible for the circuit) is also on the panel. Unlike the Supreme Court, where one justice is specifically 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, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges, with seniority determined first by commission date, then by age. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. If no judge qualifies to be chief, the youngest judge over the age of 65 who has served on the court for at least one year shall act as chief until another judge qualifies. If no judge has served on the court for more than a year, the most senior judge shall act as chief. Judges can forfeit or resign their chief judgeship or acting chief judgeship while retaining their active status as a circuit judge.[5]

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 become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.[6]


Succession of seats

The court has fifteen seats for active judges, numbered in the order in which they were initially filled. Judges who assume senior status enter a kind of retirement in which they remain on the bench but vacate their seats, thus allowing the U.S. President to appoint new judges to fill their seats.

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Trivia

  • The Fourth Circuit has never seen one of its judges promoted to the Supreme Court of the United States. Judges Wilkinson and Luttig were long considered to be front-runners for a justiceship if a vacancy arose during the George W. Bush presidential administration, but Bush did not appoint either of them to the two vacancies that arose in 2005. Luttig has since resigned from the bench.
  • Since the days of John Marshall, the Chief Justice of the United States has been the Circuit Justice for the Fourth Circuit.
  • The Fourth Circuit's Courthouse in Richmond, Virginia housed the treasury of the Confederacy during the American Civil War, and Jefferson Davis's office was located in the building. After the war, Davis was arraigned in the building, although he was never tried.
  • The Fourth is widely regarded as the most ideologically conservative court in the federal appellate system. It is also the most efficient circuit, taking an average of just over seven months to resolve each appeal.
  • The Fourth Circuit is considered an extremely collegial court. By tradition, the Judges of the Fourth Circuit come down from the bench following each oral argument to greet the lawyers.[citation needed]

See also

Notes

  1. ^ Bond was appointed as a circuit judge for the Fourth Circuit in 1870 by Ulysses S. Grant. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Fourth Circuit.
  2. ^ Knapp did not have a permanent seat on this court. Instead, he was appointed to the ill-fated United States Commerce Court in 1910 by William Howard Taft. Aside from their duties on the Commerce Court, the judges of the Commerce Court also acted as at-large appellate judges, able to be assigned by the Chief Justice of the United States to whichever circuit most needed help. Knapp was assigned to the Second Circuit immediately prior to his assignment to the Fourth Circuit.
  3. ^ a b c d Recess appointment, confirmed by the Senate at a later date.
  4. ^ Cite error: The named reference luttig_resign was invoked but never defined (see the help page).
  5. ^ 28 U.S.C. § 45
  6. ^ 62 Stat. 871, 72 Stat. 497, 96 Stat. 51

References

  • "Fourth Circuit Judges". Official website of the United States Court of Appeals for the Fourth Circuit. {{cite web}}: Cite has empty unknown parameter: |1= (help); Unknown parameter |accessmonthday= ignored (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
    • source for the phone numbers for the duty stations
    • indicates which senior judges are inactive
  • "Google Phone Book". Google. {{cite web}}: Cite has empty unknown parameter: |1= (help); Unknown parameter |accessmonthday= ignored (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
    • ties duty station phone numbers to duty stations (incomplete coverage)
  • "Obituaries: John Decker Butzner Jr". Website of the Charlottesville Daily Progress. {{cite web}}: Unknown parameter |accessmonthday= ignored (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
    • source for Butzner's death
  • "Standard Search". Federal Law Clerk Information System. {{cite web}}: Cite has empty unknown parameter: |1= (help); Unknown parameter |accessmonthday= ignored (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
    • source for the duty stations (incomplete coverage)
  • "U. S. Court of Appeals for the Fourth Circuit". Official website of the Federal Judicial Center. {{cite web}}: Cite has empty unknown parameter: |1= (help); Unknown parameter |accessmonthday= ignored (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
    • source for the state, lifetime, term of active judgeship, term of chief judgeship, term of senior judgeship, appointer, termination reason, and seat information
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