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United States Court of Appeals for the Third Circuit: Difference between revisions

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Revision as of 03:48, 25 August 2009

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:

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.

Current composition of the court

As of 2009, 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

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]

List of former judges

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

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

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.[10]

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.[11]


Succession of seats

The court has fourteen 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

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.

See also

Notes

  1. ^ de la Cruz, Donna (April 4, 2006). "Senate confirms New Jersey lawyer to 3rd U.S. Circuit". Newsday. Newsday, Inc. Retrieved 2006-04-04. {{cite news}}: Check date values in: |date= (help)
  2. ^ Bennett, Elizabeth (December 11, 2006). "Senate Confirms Jordan to 3rd Circuit Replacing Senior Judge Jane Roth". Retrieved 2006-12-09.
  3. ^ "White House Press Release - Joseph Greenaway Nomination"
  4. ^ http://www.whitehouse.gov/the_press_office/President-Obama-Nominates-Jane-Stranch-for-United-States-Court-of-Appeals-for-the-Sixth-Circuit-Judge-Thomas-Vanaskie-for-United-States-Court-of-Appeals-for-the-Third-Circ/
  5. ^ Acheson was appointed as a circuit judge for the Third Circuit in 1891 by Benjamin Harrison. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Third Circuit.
  6. ^ a b c d Recess appointment, confirmed by the United States Senate at a later date.
  7. ^ Archbald did not have a permanent seat on this court. Instead, he was appointed to the ill-fated United States Commerce Court in 1911 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. Archbald was assigned to the Third Circuit upon his commission.
  8. ^ "Judge Rosenn dies". Wilkes-Barre Time-Leader. Retrieved 2006-02-07.
  9. ^ Weiner, Tim (2006-05-20). "Edward R. Becker, 73, Judge on Federal Court of Appeals, Dies". The New York Times. The New York Times Company. Retrieved 2006-05-21.
  10. ^ 28 U.S.C. § 45
  11. ^ 62 Stat. 871, 72 Stat. 497, 96 Stat. 51

References

  • "Third Circuit Court of Appeals Judges" (PDF). Official website of the United States Court of Appeals for the Third Circuit. 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. 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

External links

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