United States Court of Appeals for the First Circuit

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

The court is based at the John Joseph Moakley Federal Courthouse in Boston, Massachusetts. Most sittings are held in Boston, but the court sits for two weeks each year in Old San Juan, Puerto Rico and occasionally at other locations within the circuit.

With five active (six authorized) and four senior judges, the First Circuit is the smallest of the thirteen United States courts of appeals.

Despite its small size, the First Circuit has two alumni—David Souter and Stephen Breyer—who currently sit on the United States Supreme Court.

Contents

[edit] Current composition of the court

As of 2006, the judges on the court are:

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
25 Chief Judge Michael Boudin Boston, MA 1939 1992–present 2001–present — G.H.W. Bush
21 Circuit Judge Juan R. Torruella San Juan, PR 1933 1984–present 1994–2001 — Reagan
27 Circuit Judge Sandra Lea Lynch Boston, MA 1946 1995–present — — Clinton
28 Circuit Judge Kermit Victor Lipez Portland, ME 1941 1998–present — — Clinton
29 Circuit Judge Jeffrey R. Howard Concord, NH 1955 2002–present — — G.W. Bush
— Circuit Judge (vacant - seat 6) (n/a) (n/a) (n/a) (n/a) (n/a) (n/a)
18 Senior Circuit Judge Levin Hicks Campbell Boston, MA 1927 1972–1992 1983–1990 1992–present Nixon
23 Senior Circuit Judge Conrad Keefe Cyr Portland, ME 1931 1989–1997 (none) 1997–present G.H.W. Bush
26 Senior Circuit Judge Norman H. Stahl Boston, MA 1931 1992–2001 (none) 2001–present G.H.W. Bush
22 Senior Circuit Judge Bruce Marshall Selya Providence, RI 1934 1986–2006 (none) 2006–present Reagan

[edit] Pending nominations

  • There is a vacancy pending: Judge Bruce M. Selya assumed senior status at the end of 2006.[1] President George W. Bush has not yet nominated anyone to fill the position, although former Senator Lincoln Chafee has recommended former Rhode Island Supreme Court Judge Robert G. Flanders Jr. to succeed Judge Selya.[2]

[edit] List of former judges

# Judge State Born/Died Term of service Appointed by Reason for
termination
Active Chief Senior
1 LeBaron B. Colt RI 1846–1924 1891–1913 (none) (none) [3] resignation
2 William LeBaron Putnam ME 1835–1918 1892–1917 (none) (none) B. Harrison retirement
3 Francis Cabot Lowell MA 1855–1911 1905–1911 (none) (none) T. Roosevelt death
4 William Schofield MA 1857–1912 1911–1912 (none) (none) Taft death
5 Frederic Dodge MA 1847–1927 1912–1918 (none) (none) Taft resignation
6 George Hutchins Bingham NH 1864–1949 1913–1939 (none) 1939–1949 Wilson death
7 Charles Fletcher Johnson ME 1859–1930 1917–1929 (none) 1929–1930 Wilson death
8 George Weston Anderson MA 1861–1938 1918–1931 (none) 1931–1938 Wilson death
9 Scott Wilson ME 1870–1942 1929–1940 (none) 1940–1942 Hoover death
10 James Madison Morton, Jr. MA 1869–1940 1932–1939 (none) 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 (none) 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 (none) 1965–1968 Truman death
15 Bailey Aldrich MA 1907–2002 1959–1972 1965–1972 1972–2002 Eisenhower death
16 Edward Matthew McEntee RI 1906–1981 1965–1976 (none) 1976–1981 L. Johnson death
17 Frank M. Coffin ME 1919-present 1965–1989 1972–1983 1989–2006 L. Johnson retirement[4]
19 Hugh Henry Bownes NH 1920–2003 1977–1990 (none) 1990–2003 Carter death
20 Stephen Breyer MA 1938–present 1980–1994 1990–1994 (none) Carter elevation to Supreme Court
24 David Souter NH 1939–present 1990 (none) (none) G.H.W. Bush elevation to Supreme Court

[edit] Chief judges

Chief Judges
Magruder 1948–1959
Woodbury 1959–1964
Aldrich 1965–1972
Coffin 1972–1983
Campbell 1983–1990
Breyer 1990–1994
Torruella 1994–2001
Boudin 2001–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 six seats for active judges, 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 Judiciary Act of 1869 as a circuit judgeship for the First Circuit
Reassigned on June 16, 1891 to the United States Circuit Court of Appeals for the First Circuit by the Judiciary Act of 1891
Colt RI 1891–1913
Bingham NH 1913–1939
Magruder MA 1939–1959
Aldrich MA 1959–1972
Campbell MA 1972–1992
Boudin DC 1992–present
Seat 2
Established on June 16, 1891 by the Judiciary Act of 1891
Putnam ME 1892–1917
Johnson ME 1917–1929
Wilson ME 1929–1940
Woodbury NH 1941–1964
McEntee RI 1965–1976
Bownes NH 1977–1990
Souter NH 1990–1990
Stahl NH 1992–2001
Howard NH 2002–present
Seat 3
Established on January 21, 1905 by 33 Stat. 611
Lowell MA 1905–1911
Schofield MA 1911–1912
Dodge MA 1912–1918
Anderson MA 1918–1931
Morton MA 1932–1939
Mahoney RI 1940–1950
Hartigan RI 1950–1965
Coffin ME 1965–1989
Cyr ME 1989–1997
Lipez ME 1998–present
Seat 4
Established on October 20, 1978 by 92 Stat. 1629
Breyer MA 1980–1994
Lynch MA 1995–present
Seat 5
Established on July 10, 1984 by 98 Stat. 333
Torruella PR 1984–present
Seat 6
Established on July 10, 1984 by 98 Stat. 333
Selya RI 1986–2006
(vacant) (n/a) 2006–present

[edit] See also

[edit] Notes

  1. ^ "Selya to assume senior status, take on lighter caseload", The Boston Globe, 2006-03-14. Retrieved on 2006-07-26.
  2. ^ Tucker, Eric. "Former R.I. justice nominated to 1st U.S. Circuit appeals court", The Boston Globe, 2006-03-17. Retrieved on 2006-07-26.
  3. ^ Colt was appointed as a circuit judge for the First Circuit in 1884 by Chester A. Arthur. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the First Circuit.
  4. ^ Judge Coffin retired on September 30, 2006. (September 2006) "Judicial Milestones". The Third Branch: Newsletter of the Federal Courts 38 (9). Retrieved on 2007-01-09. 

[edit] References

Books
  • Dargo, George (1993). A History of the United States Court of Appeals for the First Circuit: Volume I, 1891–1960. 
Web
  • Judges. Official website of the United States Court of Appeals for the First Circuit. Retrieved on July 1, 2004.
    • source for the duty stations
  • U. S. Court of Appeals for the First Circuit. Official website of the Federal Judicial Center. Retrieved on May 29, 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

[edit] Navigation

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