United States Court of Appeals for the Eighth Circuit

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The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:

• Eastern District of Arkansas
• Western District of Arkansas
• Northern District of Iowa
• Southern District of Iowa
• District of Minnesota
• Eastern District of Missouri
• Western District of Missouri
• District of Nebraska
• District of North Dakota
• District of South Dakota

The court is composed of eleven active judges and is based at the Thomas F. Eagleton U.S. Courthouse in St. Louis, Missouri. It is one of thirteen United States courts of appeals.

Contents 1 Current composition of the court 2 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 Morris Sheppard Arnold's retirement on October 16, 2006, the judges on the court are:

#	Title	Judge	Duty station	Born	Term of service			Appointed by
					Active	Chief	Senior
45	Chief Judge	James B. Loken	Minneapolis, MN	1940	1990–present	2003–present	—	G.H.W. Bush
42	Circuit Judge	Roger Leland Wollman	Sioux Falls, SD	1934	1985–present	1999–2002	—	Reagan
48	Circuit Judge	Diana E. Murphy	Minneapolis, MN	1934	1994–present	(none)	—	Clinton
50	Circuit Judge	Kermit Edward Bye	Fargo, ND	1937	2000–present	(none)	—	Clinton
51	Circuit Judge	William J. Riley	Omaha, NE	1947	2001–present	(none)	—	G.W. Bush
52	Circuit Judge	Michael Joseph Melloy	Cedar Rapids, IA	1948	2002–present	(none)	—	G.W. Bush
53	Circuit Judge	Lavenski R. Smith	Little Rock, AR	1958	2002–present	(none)	—	G.W. Bush
54	Circuit Judge	Steven M. Colloton	Des Moines, IA	1963	2003–present	(none)	—	G.W. Bush
55	Circuit Judge	Raymond W. Gruender	Saint Louis, MO	1963	2004–present	(none)	—	G.W. Bush
56	Circuit Judge	William Duane Benton	Kansas City, MO	1950	2004–present	(none)	—	G.W. Bush
57	Circuit Judge	Bobby E. Shepherd	El Dorado, AR	1951	2006–present	(none)	—	G.W. Bush
30	Senior Circuit Judge	Donald Pomery Lay	Saint Paul, MN	1926	1966–1992	1979–1992	1992–present	L. Johnson
32	Senior Circuit Judge	Myron H. Bright	Fargo, ND	1919	1968–1985	(none)	1985–present	L. Johnson
33	Senior Circuit Judge	Donald Roe Ross	Omaha, NE	1922	1970–1987	(none)	1987–present	Nixon
39	Senior Circuit Judge	John R. Gibson	Kansas City, MO	1925	1982–1994	(none)	1994–present	Reagan
40	Senior Circuit Judge	George Gardner Fagg	Des Moines, IA	1934	1982–1999	(none)	1999–present	Reagan
41	Senior Circuit Judge	Pasco Bowman II	Kansas City, MO	1933	1983–2003	1998–1999	2003–present	Reagan
43	Senior Circuit Judge	Frank J. Magill	Fargo, ND	1927	1986–1997	(none)	1997–present	Reagan
44	Senior Circuit Judge	C. Arlen Beam	Lincoln, NE	1930	1987–2001	(none)	2001–present	Reagan
46	Senior Circuit Judge	David Rasmussen Hansen	Cedar Rapids, IA	1938	1991–2003	2002–2003	2003–present	G.H.W. Bush
47	Senior Circuit Judge	Morris Sheppard Arnold	Little Rock, AR	1941	1992–2006	(none)	2006–present	G.H.W. Bush

[edit] Pending nominations

• There are currently no Circuit vacancies.

[edit] List of former judges

#	Judge	State	Born/Died	Term of service			Appointed by	Reason for termination
				Active	Chief	Senior
1	Henry Clay Caldwell	AR	1832–1915	1891–1903	(none)	(none)	[1]	retirement
2	Walter Henry Sanborn	MN	1845–1928	1892–1928	(none)	(none)	B. Harrison	death
3	Amos Madden Thayer	MO	1841–1905	1894–1905	(none)	(none)	Cleveland	death
4	Willis Van Devanter		1859–1941	1903–1910	(none)	(none)	T. Roosevelt	elevation to Supreme Court
5	William Cather Hook	KS	1857–1921	1903–1921	(none)	(none)	T. Roosevelt	death
6	Elmer Bragg Adams	MO	1842–1916	1905[2]–1916	(none)	(none)	T. Roosevelt	death
—	John Emmett Carland	SD	1853–1922	1911–1922	(none)	(none)	[3]	death
7	Walter Inglewood Smith	IA	1862–1922	1911–1922	(none)	(none)	Taft	death
8	Kimbrough Stone	MO	1875–1958	1916–1947	(none)	1947–1958	Wilson	death
9	Robert E. Lewis	CO	1857–1941	1921–1929	(none)	(none)	Harding	reassignment to 10th Circuit
10	William Squire Kenyon	IA	1869–1933	1922–1933	(none)	(none)	Harding	death
11	Wilbur Franklin Booth	MN	1861–1944	1925–1932	(none)	1932–1944	Coolidge	death
12	Arba Seymour Van Valkenburgh	MO	1862–1944	1925–1933	(none)	1933–1944	Coolidge	death
13	John Hazelton Cotteral	OK	1864–1933	1928–1929	(none)	(none)	Coolidge	reassignment to 10th Circuit
14	Archibald K. Gardner	SD	1867–1962	1929–1960	1948–1959	1960–1962	Hoover	death
15	John Benjamin Sanborn	MN	1883–1964	1932–1958	(none)	1959–1964	Hoover	death
16	Joseph William Woodrough	NE	1873–1977	1933–1961	(none)	1961–1977	F. Roosevelt	death
17	Charles Breckenridge Faris	MO	1864–1938	1935–1935	(none)	1935–1938	F. Roosevelt	death
18	Seth Thomas	IA	1873–1962	1935(b)–1954	(none)	1954–1962	F. Roosevelt	death
19	Harvey M. Johnsen	NE	1895–1975	1940–1965	1959–1965	1965–1975	F. Roosevelt	death
20	Walter Garrett Riddick	AR	1883–1953	1941–1953	(none)	(none)	F. Roosevelt	death
21	John Caskie Collet	MO	1898–1955	1947–1955	(none)	(none)	Truman	death
22	Charles Joseph Vogel	ND	1898–1980	1954–1968	1965–1968	1968–1980	Eisenhower	death
23	Martin Donald Van Oosterhout	IA	1900–1979	1954–1971	1968–1970	1971–1979	Eisenhower	death
24	Charles Evans Whittaker	MO	1901–1973	1956–1957	(none)	(none)	Eisenhower	elevation to Supreme Court
25	Marion Charles Matthes	MO	1906–1980	1958–1973	1970–1973	1973–1980	Eisenhower	death
26	Harry Blackmun	MN	1908–1999	1959–1970	(none)	(none)	Eisenhower	elevation to Supreme Court
27	Albert Alphonso Ridge	MO	1898–1967	1961–1965	(none)	1965–1967	Kennedy	death
28	Pat Mehaffy	AR	1904–1981	1963–1974	1973–1974	1974–1981	Kennedy	death
29	Floyd Robert Gibson	MO	1910–2001	1965–1979	1974–1979	1979–2001	L. Johnson	death
31	Gerald William Heaney	MN	1918–present	1966–1988	(none)	1988–2006	L. Johnson	retirement
34	Roy Laverne Stephenson	IA	1917–1982	1971–1982	(none)	1982–1982	Nixon	death
35	William Hedgcock Webster	MO	1924–present	1973–1978	(none)	(none)	Nixon	resignation to become FBI Director
36	Jesse Smith Henley	AR	1917–1997	1975–1982	(none)	1982–1997	Ford	death
37	Theodore McMillian	MO	1919–2006	1978–2003	(none)	2003–2006	Carter	death
38	Richard Sheppard Arnold	AR	1936–2004	1980–2001	1992–1998	2001–2004	Carter	death
49	John David Kelly	ND	1934–1998	1998–1998	(none)	(none)	Clinton	death

[edit] Chief judges

Chief Judge Gardner 1948–1959 Johnsen 1959–1965 Vogel 1965–1968 Van Oosterhout 1968–1970 Matthes 1970–1973 Mehaffy 1973–1974 Gibson 1974–1979 Lay 1979–1992 Arnold 1992–1998 Bowman 1998–1999 Wollman 1999–2002 Hansen 2002–2003 Loken 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 had thirteen seats for active judges. Two of these seats were reassigned to the United States Court of Appeals for the Tenth Circuit, leaving a eleven-seat court. The seats are 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 Circuit Judges Act as a circuit judgeship for the Eighth Circuit Reassigned to the United States Circuit Court of Appeals for the Eighth Circuit by the Judiciary Act of 1891 Caldwell AR 1891–1903 Hook KS 1903–1921 Lewis CO 1921–1929 Reassigned on February 28, 1929 to the United States Circuit Court of Appeals for the Tenth Circuit by 45 Stat. 1346

Seat 2 Established on June 16, 1891 by the Judiciary Act of 1891 W. Sanborn MN 1892–1928 Cotteral OK 1928–1929 Reassigned on February 28, 1929 to the United States Circuit Court of Appeals for the Tenth Circuit by 45 Stat. 1346

Seat 3 Established on July 23, 1894 by 28 Stat. 115 Thayer MO 1894–1905 Adams MO 1905–1916 Stone MO 1916–1947 Collet MO 1947–1955 Whittaker MO 1956–1957 Matthes MO 1958–1973 Webster MO 1973–1978 McMillian MO 1978–2003 Benton MO 2004–present

Seat 4 Established on January 31, 1903 by 32 Stat. 791 Van Devanter WY 1903–1910 W. Smith IA 1911–1922 Kenyon IA 1922–1933 Faris MO 1935–1935 Thomas IA 1935–1954 Van Oosterhout IA 1954–1971 Stephenson IA 1971–1982 Fagg IA 1982–1999 Melloy IA 2002–present

Seat 5 Established on March 3, 1925 by 43 Stat. 1116 Booth MN 1925–1932 J. Sanborn MN 1932–1958 Blackmun MN 1959–1970 Ross NE 1970–1987 Beam NE 1987–2001 Riley NE 2001–present

Seat 6 Established on March 3, 1925 by 43 Stat. 1116 Van Valkenburgh MO 1925–1933 Woodrough NE 1933–1961 Mehaffy AR 1963–1974 Henley AR 1975–1982 Bowman MO 1983–2003 Gruender MO 2004–present

Seat 7 Established on February 28, 1929 by 45 Stat. 1346 Gardner SD 1929–1960 Ridge MO 1961–1965 F. Gibson MO 1965–1979 J. Gibson MO 1982–1994 Murphy MN 1994–present

Seat 8 Established on May 24, 1940 by 54 Stat. 219 Johnsen NE 1940–1965 Lay NE 1966–1992 M. Arnold AR 1992–2006 Shepherd AR 2006–present

Seat 9 Established on May 24, 1940 by 54 Stat. 219 Riddick AR 1941–1953 Vogel ND 1954–1968 Bright ND 1968–1985 Magill ND 1986–1997 Kelly ND 1998–1998 Bye ND 2000–present

Seat 10 Established on March 18, 1966 by 80 Stat. 75 Heaney MN 1966–1988 Loken MN 1990–present

Seat 11 Established on October 20, 1978 by 92 Stat. 1629 R. Arnold AR 1980–2001 L. Smith AR 2002–present

Seat 12 Established on July 10, 1984 by 98 Stat. 333 Wollman SD 1985–present

Seat 13 Established on December 1, 1990 by 104 Stat. 5089 Hansen IA 1991–2003 Colloton IA 2003–present

[edit] Trivia

• The Eighth Circuit is the most Republican [U.S. Court of Appeals in the nation, with 9 of its 11 active judges (82%) appointed by Republican Presidents. The opposite end of the political spectrum is represented by the United States Court of Appeals for the Ninth Circuit, which has the highest percentage of Democratic appointees at 67%.

  See Federal judicial appointment history.

• The Eighth Circuit is also one of only three Courts of Appeals in the nation to have a majority of its judges appointed by a single President. George W. Bush has appointed seven of the Court's eleven allotted judges since assuming office in 2001. The United States Court of Appeals for the Second Circuit, however, is a majority-Clinton court, with seven of its thirteen judges appointed during his two terms as President, and six of the eleven judges on the United States Court of Appeals for the Seventh Circuit were appointed by Ronald Reagan

  See Federal judicial appointment history.

[edit] See also

• Federal judicial appointment history#Eighth Circuit

[edit] Notes

1. ^ Caldwell was appointed as a circuit judge for the Eighth Circuit in 1890 by Benjamin Harrison. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Eighth Circuit.
2. ^ Recess appointment, confirmed by the Senate at a later date.
3. ^ Carland 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. Carland was assigned to the Eighth Circuit upon his commission.

[edit] References

• Standard Search. Federal Law Clerk Information System. Retrieved on June 10, 2005.
  • primary but incomplete source for the duty stations
• Instructions for Judicial Directory. Website of the University of Texas Law School. Retrieved on July 4, 2005.
  • secondary source for the duty stations
  • data is current to 2002
• U. S. Court of Appeals for the Eighth Circuit. Official website of the Federal Judicial Center. Retrieved on June 10, 2005.
  • 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 Eighth Circuit
• Recent opinions from FindLaw

[edit] Navigation

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