United States Court of Appeals for the First Circuit
|United States Court of Appeals for the First Circuit|
|Location||John Joseph Moakley U.S. Courthouse|
|Established||June 16, 1891|
|Circuit Justice||Stephen Breyer|
|Chief Judge||Jeffrey R. Howard|
- District of Maine
- District of Massachusetts
- District of New Hampshire
- District of Puerto Rico
- District of Rhode Island
The court is based at the John Joseph Moakley Federal Courthouse in Boston, Massachusetts. Most sittings are held in Boston, where the court usually sits for one week most months of the year; in one of July or August, it takes a summer break and does not sit. The First Circuit also sits for one week each March and November at the Jose V. Toledo Federal Building and United States Courthouse in Old San Juan, Puerto Rico, and occasionally sits at other locations within the circuit.
With six active judges and four active senior judges, the First Circuit is the smallest of the thirteen United States courts of appeals. Since retiring from the United States Supreme Court, Associate Justice David Souter regularly sits on the First Circuit by designation.
Current composition of the court
As of July 28, 2016[update]:
|#||Title||Judge||Duty station||Born||Term of service||Appointed by|
|29||Chief Judge||Jeffrey R. Howard||Concord, NH||1955||2002–present||2015–present||—||G.W. Bush|
|21||Circuit Judge||Juan R. Torruella||San Juan, PR||1933||1984–present||1994–2001||—||Reagan|
|27||Circuit Judge||Sandra Lynch||Boston, MA||1946||1995–present||2008–2015||—||Clinton|
|30||Circuit Judge||O. Rogeriee Thompson||Providence, RI||1951||2010–present||—||—||Obama|
|31||Circuit Judge||William J. Kayatta Jr.||Portland, ME||1953||2013–present||—||—||Obama|
|32||Circuit Judge||David Jeremiah Barron||Boston, MA||1967||2014–present||—||—||Obama|
|18||Senior Circuit Judge||Levin H. Campbell||inactive||1927||1972–1992||1983–1990||1992–present||Nixon|
|22||Senior Circuit Judge||Bruce M. Selya||Providence, RI||1934||1986–2006||—||2006–present||Reagan|
|25||Senior Circuit Judge||Michael Boudin||Boston, MA||1939||1992–2013||2001–2008||2013–present||G.H.W. Bush|
|26||Senior Circuit Judge||Norman H. Stahl||Boston, MA||1931||1992–2001||—||2001–present||G.H.W. Bush|
|28||Senior Circuit Judge||Kermit Lipez||Portland, ME||1941||1998–2011||—||2011–present||Clinton|
List of former judges
|#||Judge||State||Born–died||Active service||Chief Judge||Senior status||Appointed by||Reason for|
|1||LeBaron B. Colt||RI||1846–1924||1891–1913[Note 1]||—||—||Arthur||resignation|
|2||William LeBaron Putnam||ME||1835–1918||1892–1917||—||—||B. Harrison||retirement|
|3||Francis Cabot Lowell||MA||1855–1911||1905–1911||—||—||T. Roosevelt||death|
|6||George Hutchins Bingham||NH||1864–1949||1913–1939||—||1939–1949||Wilson||death|
|7||Charles Fletcher Johnson||ME||1859–1930||1917–1929||—||1929–1930||Wilson||death|
|8||George Weston Anderson||MA||1861–1938||1918–1931||—||1931–1938||Wilson||death|
|10||James Madison Morton Jr.||MA||1869–1940||1932–1939||—||1939–1940||Hoover||death|
|11||Calvert Magruder||MA||1893–1968||1939–1959||1948–1959||1959–1968||F. Roosevelt||death|
|12||John Christopher Mahoney||RI||1882–1952||1940–1950||—||1950–1952||F. Roosevelt||death|
|13||Peter Woodbury||NH||1899–1970||1941–1964||1959–1964||1964–1970||F. Roosevelt||death|
|14||John Patrick Hartigan||RI||1887–1968||1950–1965||—||1965–1968||Truman||death|
|16||Edward Matthew McEntee||RI||1906–1981||1965–1976||—||1976–1981||L. Johnson||death|
|17||Frank M. Coffin||ME||1919–2009||1965–1989||1972–1983||1989–2009||L. Johnson||death|
|19||Hugh Henry Bownes||NH||1920–2003||1977–1990||—||1990–2003||Carter||death|
|20||Stephen Breyer||MA||1938–present||1980–1994||1990–1994||—||Carter||elevation to Supreme Court|
|23||Conrad K. Cyr||ME||1931–2016||1989–1997||—||1997–2016||G.H.W. Bush||death|
|24||David Souter||NH||1939–present||1990||—||—||G.H.W. Bush||elevation to Supreme Court|
Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve unless the circuit justice (i.e., 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. 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.
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.
Succession of seats
The court has six 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, while vacating their seats, thus allowing the president to appoint new judges to fill their seats.
- West v. Randall (1820), one of the first decisions setting precedent for class action suits
- Courts of the United States
- Federal judicial appointment history#First Circuit
- List of current United States Circuit Judges
- List of United States federal courthouses in the First Circuit
- "Court Calendar". United States Court of Appeals for the First Circuit. Retrieved October 26, 2012.
In January through June, and October through December, the Court usually sits for one week starting on the first Monday of the month. In either July or August, the court sits for one week. In September, the Court starts on the Wednesday after Labor Day and sits for the 3 days in that week and the 5 days in the following week. In November and March the court sits two weeks, with one week in Boston and one week in Puerto Rico. Court sittings are held in the morning, typically between 9:30 a.m. and 1:00 p.m.
- Dargo, George (1993). A History of the United States Court of Appeals for the First Circuit: Volume I, 1891–1960.
- United States Court of Appeals for the First Circuit
- Recent opinions from Findlaw
- First Circuit Court Records Finder
- United States Courts for the First Circuit. "2002 Annual Report" (PDF). Archived from the original (PDF) on October 15, 2004.