United States Court of Appeals for the Federal Circuit

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The United States Court of Appeals for the Federal Circuit, or simply the Federal Circuit, is a United States court of appeals. The Federal Circuit was created by Congress with passage of the Federal Courts Improvement Act of 1982.

The court is headquartered in Washington, D.C., and occupies the Howard T. Markey National Courts Building, the Tayloe House, the former Cosmos Club, and the Dolley Madison House.

Contents

[edit] Jurisdiction

Pursuant to 28 U.S.C. § 1295, the Federal Circuit is a federal court with appellate jurisdiction over:

The Federal Circuit is the only judicial circuit that has its jurisdiction based wholly on subject matter rather than geographical location. It hears all appeals from United States district courts arising from non-tort monetary complaints against the federal government under $10,000 (the "Little Tucker Act"). It also hears all appeals from any of the United States district courts where the original action included a complaint arising under the patent laws, but not if the patent claims arose solely as counter-claims by the defendant (Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., 2002).[1] Though other appellate courts can now hear patents claims in theory, this has not happened often.

The court sits from time-to-time in locations other than Washington, and its judges can and do sit by designation on other courts of appeals and on district courts.

Pursuant to 28 U.S.C. § 44, all judges of the Federal Circuit are required to reside within 50 miles (80 km) of the District of Columbia while on active status. Judges on senior status are not subject to this restriction.

[edit] Current composition of the court

As of Kimberly Ann Moore's inauguration on September 8, 2006, the judges on the court are:

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
20 Chief Judge Paul Redmond Michel Washington, DC 1941 1988–present 2004–present — Reagan
16 Circuit Judge Pauline Newman Washington, DC 1927 1984–present — — Reagan
19 Circuit Judge Haldane Robert Mayer Washington, DC 1941 1987–present 1997–2004 — Reagan
22 Circuit Judge Alan David Lourie Washington, DC 1935 1990–present — — G.H.W. Bush
24 Circuit Judge Randall Ray Rader Washington, DC 1949 1990–present — — G.H.W. Bush
25 Circuit Judge Alvin Anthony Schall Washington, DC 1944 1992–present — — G.H.W. Bush
26 Circuit Judge William Curtis Bryson Washington, DC 1945 1994–present — — Clinton
27 Circuit Judge Arthur J. Gajarsa Washington, DC 1941 1997–present — — Clinton
28 Circuit Judge Richard Linn Washington, DC 1944 1999–present — — Clinton
29 Circuit Judge Timothy B. Dyk Washington, DC 1937 2000–present — — Clinton
30 Circuit Judge Sharon Prost Washington, DC 1951 2001–present — — G.W. Bush
31 Circuit Judge Kimberly Ann Moore Washington, DC 1968 2006–present — — G.W. Bush
5 Senior Circuit Judge Arnold Wilson Cowen (inactive) 1905 (none) (none) 1982–present [2]
13 Senior Circuit Judge Daniel Mortimer Friedman Washington, DC 1916 1982–1989 (none) 1989–present [2]
18 Senior Circuit Judge Glenn Leroy Archer, Jr. Washington, DC 1929 1985–1997 1994–1997 1997–present Reagan
21 Senior Circuit Judge S. Jay Plager Washington, DC 1931 1989–2000 (none) 2000–present G.H.W. Bush
23 Senior Circuit Judge Raymond Charles Clevenger III Washington, DC 1937 1990–2006[3] (none) 2006–present G.H.W. Bush

[edit] Pending nominations

  • There are no vacancies pending.

[edit] List of former judges

# Judge State Born/Died Term of service Appointed by Reason for
termination
Active Chief Senior
1 Don Nelson Laramore IN 1906–1989 (none) (none) 1982–1989 [2] death
2 Giles Sutherland Rich NY 1904–1999 1982–1999 (none) (none) [4] death
3 James Lindsay Almond, Jr. VA 1898–1986 (none) (none) 1982–1986 [4] death
4 Oscar Hirsh Davis DC 1914–1988 1982–1988 (none) (none) [2] death
6 Philip Nichols, Jr. DC 1907–1990 1982–1983 (none) 1983–1990 [2] death
7 Byron George Skelton TX 1905–2004 (none) (none) 1982–2004 [2] death
8 Phillip Benjamin Baldwin TX 1924–2002 1982–1986 (none) 1986–1991 [4] retirement
9 Howard Thomas Markey IL 1920–2006 1982–1991 1982–1990 (none) [4] retirement
10 Marion Tinsley Bennett MO 1914–2000 1982–1986 (none) 1986–2000 [2] death
11 Shiro Kashiwa HI 1912–1998 1982–1986 (none) (none) [2] retirement
12 Jack Richard Miller IA 1916–1994 1982–1985 (none) 1985–1994 [4] death
14 Edward Samuel Smith MD 1919–2001 1982–1989 (none) 1989–2001 [2] death
15 Helen Wilson Nies DC 1925–1996 1982–1995 1990–1994 1995–1996 [4] death
17 Jean Galloway Bissell SC 1936–1990 1984–1990 (none) (none) Reagan death

[edit] Chief judges

Chief Judges
Markey 1982–1990
Nies 1990–1994
Archer 1994–1997
Mayer 1997–2004
Michel 2004–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 twelve seats for active judges, numbered in alphabetical order by their occupant at the time the court was formed, with the sole vacant seat being numbered last. 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
Reassigned on April 2, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25
Baldwin 1982–1986
Michel 1988–present
Seat 2
Reassigned on April 2, 1982 from the United States Court of Claims by 96 Stat. 25
Bennett 1982–1986
Mayer 1987–present
Seat 3
Reassigned on April 2, 1982 from the United States Court of Claims by 96 Stat. 25
Davis 1982–1988
Clevenger 1990–2006
Moore 2006–present
Seat 4
Reassigned on April 2, 1982 from the United States Court of Claims by 96 Stat. 25
Kashiwa 1982–1986
Plager 1989–2000
Prost 2001–present
Seat 5
Reassigned on April 2, 1982 from the United States Court of Claims by 96 Stat. 25
Friedman 1982–1989
Lourie 1990–present
Seat 6
Reassigned on April 2, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25
Markey 1982–1990
Bryson 1994–present
Seat 7
Reassigned on April 2, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25
Miller 1982–1985
Archer 1985–1997
Dyk 2000–present
Seat 8
Reassigned on April 2, 1982 from the United States Court of Claims by 96 Stat. 25
Nichols 1982–1983
Newman 1984–present
Seat 9
Reassigned on April 2, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25
Nies 1982–1995
Gajarsa 1997–present
Seat 10
Reassigned on April 2, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25
Rich 1982–1999
Linn 1999–present
Seat 11
Reassigned on April 2, 1982 from the United States Court of Claims by 96 Stat. 25
Smith 1982–1989
Schall 1992–present
Seat 12
Established on April 2, 1982 by 96 Stat. 25
Bissell 1984–1990
Rader 1990–present

[edit] See also

[edit] Notes

  1. ^ Possible amendment to eliminate this provision was proposed on June 16, 2005 in House bill 109 H.R. 2955.
  2. ^ a b c d e f g h i Reassigned from the United States Court of Claims pursuant to the Federal Courts Improvement Act of 1982, 96 Stat. 25.
  3. ^ Federal Judiciary - Judicial Vacancies. Official website of the Alliance for Justice. Retrieved on March 16, 2006.
  4. ^ a b c d e f Reassigned from the United States Court of Customs and Patent Appeals pursuant to the Federal Courts Improvement Act of 1982, 96 Stat. 25.

[edit] References

  • Judicial Biographies. Official website of the United States Court of Appeals for the Federal Circuit. Retrieved on June 1, 2005.
    • source for Judge Cowen being inactive
  • Standard Search. Federal Law Clerk Information System. Retrieved on June 1, 2005.
    • source for the duty stations for senior judges
  • U. S. Court of Appeals for the Federal Circuit. Official website of the Federal Judicial Center. Retrieved on May 26, 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] Further reading

  • (1991) The United States Court of Appeals for the Federal Circuit: A History, 1982–1990. Washington, D.C.: United States Judicial Conference Committee on the Bicentennial of the Constitution of the United States. 
  • (2004) United States Court of Appeals for the Federal Circuit: A History: 1990–2002 / compiled by members of the Advisory Council to the United States Court of Appeals for the Federal Circuit in celebration of the court's twentieth anniversary.. Washington, D.C.: U.S. Court of Appeals for the Federal Circuit. 

[edit] External links

[edit] Navigation

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