United States Court of Appeals for the Tenth Circuit

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

These districts were part of the Eighth Circuit until 1929. The court is composed of twelve active judges and is based at the Byron White U.S. Courthouse in Denver, Colorado. It is one of thirteen United States courts of appeals.

Contents

[edit] History

For the first time in more than 65 years, Congress in 1929 created a new judicial circuit to accommodate the increased number of states and the expansion of caseload in the federal courts. The 12 states that entered the Union between 1866 and 1912 had been incorporated into the Eighth and Ninth Circuits. The Eighth Circuit, encompassing 13 states stretching from Canada to Mexico and from the Mississippi to beyond the Rocky Mountains, became the largest in the nation. By the 1920s, the Eighth Circuit Court of Appeals was meeting in three divisions, and district court judges were recruited regularly to assist the six circuit judges. Various groups representing the bar and the judiciary feared that such a large circuit threatened the efficient administration of justice in regionally-defined courts.

An American Bar Association committee suggested in 1925 that Congress realign the nation’s entire circuit structure and establish one additional circuit in order to redistribute the appellate caseload without authorizing additional judgeships. The congressional hearings on the proposal in 1928 revealed widespread opposition to a plan that would have changed the composition of all but two circuits and for the first time have made a single state, New York, a circuit unto itself. The arguments against the proposal demonstrated the extent to which judges and lawyers considered the existing circuits to be geographically-distinct legal cultures defined by local procedures and types of litigation. Chief Justice Taft suggested that a reorganization limited to the Eighth Circuit might solve the most serious problems and find broader support.

Later in the same Congress, the House of Representatives considered two proposals to divide the existing Eighth Circuit. Representative Walter Newton of Minnesota offered a bill to separate the circuit’s eastern and western states, thus creating circuits organized on the basis of two regional economies, one predominantly agricultural and the other related to mining and irrigation. An alternative proposal divided the northern from the southern states. The judges of the existing circuit court of appeals thought the division of east and west would create a fair balance of caseload, and the bar of the circuit agreed. With little opposition to the principle of dividing the circuit, congressional deliberation on the bill focused on the need for more judgeships and requests for more meeting places of the circuit courts of appeals. With almost no discussion on the floor, the House and Senate passed a statute that grouped Minnesota, Iowa, North Dakota, South Dakota, Nebraska, Missouri, and Arkansas as the Eighth Circuit and established a Tenth Circuit consisting of Wyoming, Colorado, Utah, New Mexico, Kansas, and Oklahoma. Sitting circuit judges were reassigned according to their residence, and three additional judgeships were authorized. Five judges would serve the Eighth Circuit, and four would sit in the Tenth.

References
  • Tenth Circuit Act of 1929. Official website of the Federal Judicial Center. Retrieved on 2006-10-20.
    • The content of this site is in the public domain as a work of the United States federal government.

[edit] Current composition of the court

As of Jerome Holmes' confirmation on July 26, 2006,[1] the judges on the court are:

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
24 Chief Judge Deanell Reece Tacha Lawrence, KS 1946 1985–present 2001–present — Reagan
28 Circuit Judge Paul Joseph Kelly, Jr. Santa Fe, NM 1940 1992–present (none) — G.H.W. Bush
29 Circuit Judge Robert Harlan Henry Oklahoma City, OK 1953 1994–present (none) — Clinton
30 Circuit Judge Mary Beck Briscoe Lawrence, KS 1947 1995–present (none) — Clinton
31 Circuit Judge Carlos F. Lucero Denver, CO 1940 1995–present (none) — Clinton
32 Circuit Judge Michael R. Murphy Salt Lake City, UT 1947 1995–present (none) — Clinton
33 Circuit Judge Harris L. Hartz Albuquerque, NM 1947 2001–present (none) — G.W. Bush
34 Circuit Judge Terrence L. O'Brien Cheyenne, WY 1943 2002–present (none) — G.W. Bush
35 Circuit Judge Michael W. McConnell Salt Lake City, UT 1955 2002–present (none) — G.W. Bush
36 Circuit Judge Timothy M. Tymkovich Denver, CO 1956 2003–present (none) — G.W. Bush
37 Circuit Judge Neil M. Gorsuch Colorado 1967 2006–present (none) G.W. Bush
38 Circuit Judge Jerome A. Holmes Tulsa, OK 1961 2006-present (none) — G.W. Bush
15 Senior Circuit Judge William Judson Holloway, Jr. Oklahoma City, OK 1923 1968–1992 1984–1991 1992–present L. Johnson
16 Senior Circuit Judge Robert Hugh McWilliams, Jr. Denver, CO 1916 1970–1984 (none) 1984–present Nixon
17 Senior Circuit Judge James Emmett Barrett (inactive) 1922 1971–1987 (none) 1987–present Nixon
19 Senior Circuit Judge Monroe G. McKay Salt Lake City, UT 1928 1977–1993 1991–1993 1993–present Carter
21 Senior Circuit Judge Stephanie Kulp Seymour Tulsa, OK 1940 1979–2005 1994–2000 2005–present Carter
22 Senior Circuit Judge John Carbone Porfilio [2] Denver, CO 1934 1985–1999 (none) 1999–present Reagan
23 Senior Circuit Judge Stephen Hale Anderson Salt Lake City, UT 1932 1985–2000 (none) 2000–present Reagan
25 Senior Circuit Judge Bobby Ray Baldock Roswell, NM 1936 1985–2001 (none) 2001–present Reagan
26 Senior Circuit Judge Wade Brorby Cheyenne, WY 1934 1988–2001 (none) 2001–present Reagan
27 Senior Circuit Judge David M. Ebel Denver, CO 1940 1988–2006[3] (none) 2006–present Reagan

[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 Robert E. Lewis CO 1857–1941 1929–1940 (none) 1940–1941 [4] death
2 John Hazelton Cotteral OK 1864–1933 1929–1933 (none) (none) [5] death
3 Orie Leon Phillips NM 1885–1974 1929–1956 1948–1956 1956–1974 Hoover death
4 George Thomas McDermott KS 1886–1937 1929–1937 (none) (none) Hoover death
5 Sam Gilbert Bratton NM 1888–1963 1933–1961 1956–1959 1961–1963 F. Roosevelt death
6 Robert L. Williams OK 1868–1948 1937–1939 (none) 1939–1948 F. Roosevelt death
7 Walter August Huxman KS 1887–1972 1939–1957 (none) 1957–1972 F. Roosevelt death
8 Alfred Paul Murrah OK 1904–1975 1940–1970 1959–1970 1970–1975 F. Roosevelt death
9 John Coleman Pickett WY 1896–1983 1949–1966 (none) 1966–1983 Truman death
10 David Thomas Lewis UT 1912–1983 1956–1977 1970–1977 1977–1983 Eisenhower death
11 Jean Sala Breitenstein CO 1900–1986 1957–1970 (none) 1970–1986 Eisenhower death
12 Delmas Carl Hill KS 1906–1989 1961–1977 (none) 1977–1989 Kennedy death
13 Oliver Seth NM 1915–1996 1962–1984 1977–1984 1984–1996 Kennedy death
14 John Joseph Hickey WY 1911–1970 1966–1970 (none) (none) L. Johnson death
18 William Edward Doyle CO 1911–1986 1971–1984 (none) 1984–1986 Nixon death
20 James Kenneth Logan KS 1929–present 1977–1994 (none) 1994–1998 Carter retirement

[edit] Chief judges

Chief Judge
Phillips 1948–1956
Bratton 1956–1959
Murrah 1959–1970
Lewis 1970–1977
Seth 1977–1984
Holloway 1984–1991
McKay 1991–1993
Seymour 1994–2000
Tacha 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 twelve 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 Eighth Circuit
Reassigned on June 16, 1891 to the United States Circuit Court of Appeals for the Eighth Circuit by the Judiciary Act of 1891
Reassigned on February 28, 1929 to the United States Circuit Court of Appeals for the Tenth Circuit by 45 Stat. 1346
R. Lewis CO 1929–1940
Murrah OK 1940–1970
Doyle CO 1971–1984
Ebel CO 1988–2006
Gorsuch CO 2006–present
Seat 2
Established on June 16, 1891 by the Judiciary Act of 1891 as a seat of the Circuit Court of Appeals for the Eighth Circuit
Reassigned on February 28, 1929 to the United States Circuit Court of Appeals for the Tenth Circuit by 45 Stat. 1346
Cotteral OK 1929–1933
Bratton NM 1933–1961
Seth NM 1962–1984
Baldock NM 1985–2001
Hartz NM 2001–present
Seat 3
Established on February 28, 1929 by 45 Stat. 1346
Phillips NM 1929–1956
D. Lewis UT 1956–1977
McKay UT 1977–1993
Murphy UT 1995–present
Seat 4
Established on February 28, 1929 by 45 Stat. 1346
McDermott KS 1929–1937
Williams OK 1937–1939
Huxman KS 1939–1957
Breitenstein CO 1957–1970
McWilliams CO 1970–1984
Porfilio CO 1985–1999
Tymkovich CO 2003–present
Seat 5
Established on August 3, 1949 by 63 Stat. 493
Pickett WY 1949–1966
Hickey WY 1966–1970
Barrett WY 1971–1987
Brorby WY 1988–2001
O'Brien WY 2002–present
Seat 6
Established on May 19, 1961 by 75 Stat. 80
Hill KS 1961–1977
Logan KS 1977–1994
Briscoe KS 1995–present
Seat 7
Established on June 18, 1968 by 82 Stat. 184
Holloway OK 1968–1992
Henry OK 1994–present
Seat 8
Established on October 20, 1978 by 92 Stat. 1629
Seymour OK 1979–2005
Holmes OK 2006–present
Seat 9
Established on July 10, 1984 by 98 Stat. 333
Anderson UT 1985–2000
McConnell UT 2002–present
Seat 10
Established on July 10, 1984 by 98 Stat. 333
Tacha KS 1985–present
Seat 11
Established on December 1, 1990 by 104 Stat. 5089
Kelly NM 1992–present
Seat 12
Established on December 1, 1990 by 104 Stat. 5089
Lucero CO 1995–present

[edit] See also

[edit] Notes

  1. ^ Technically speaking, Holmes was not a member of the Court until he took the oath of office, a date which Wikipedia does not have.
  2. ^ Prior to January 8, 1996, Judge Porfilio was named John Porfilio Moore.
  3. ^ Federal Judiciary - Judicial Vacancies. Official website of the Alliance for Justice. Retrieved on March 16, 2006.
  4. ^ Lewis was appointed to the bench of the United States Court of Appeals for the Eighth Circuit in 1921 by Warren G. Harding. 45 Stat. 1346 reassigned his seat to the U.S. Court of Appeals for the Tenth Circuit.
  5. ^ Cotteral was appointed to the bench of the United States Court of Appeals for the Eighth Circuit in 1928 by Calvin Coolidge. 45 Stat. 1346 reassigned his seat to the U.S. Court of Appeals for the Tenth Circuit.

[edit] References

[edit] External links

[edit] Navigation

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