United States Court of Appeals for the Third Circuit
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.
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 |
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 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.
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
- ^ 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) - ^ Bennett, Elizabeth (December 11, 2006). "Senate Confirms Jordan to 3rd Circuit Replacing Senior Judge Jane Roth". Retrieved 2006-12-09.
- ^ "White House Press Release - Joseph Greenaway Nomination"
- ^ 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/
- ^ 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.
- ^ a b c d Recess appointment, confirmed by the United States Senate at a later date.
- ^ 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.
- ^ "Judge Rosenn dies". Wilkes-Barre Time-Leader. Retrieved 2006-02-07.
- ^ 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.
- ^ 28 U.S.C. § 45
- ^ 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