United States Court of Appeals for the Third Circuit
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The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:
- District of Delaware
- District of New Jersey
- Eastern District of Pennsylvania
- Middle District of Pennsylvania
- Western District of Pennsylvania
It also has appellate jurisdiction over the District Court of the Virgin Islands which, in spite of the name, is a territorial court and belongs to no federal judicial district.
The court is composed of 14 active judges and is based at the U.S. Courthouse in Philadelphia, Pennsylvania. It is one of thirteen United States courts of appeals.
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[edit] Current composition of the court
As of 2007, the judges on the court are:
# | Title | Judge | Duty station | Born | Term of service | Appointed by | ||
---|---|---|---|---|---|---|---|---|
Active | Chief | Senior | ||||||
44 | Chief Judge | Anthony Joseph Scirica | Philadelphia, PA | 1940 | 1987–present | 2003–present | — | Reagan |
38 | Circuit Judge | Dolores Korman Sloviter | Philadelphia, PA | 1932 | 1979–present | 1991–1998 | — | Carter |
50 | Circuit Judge | Theodore McKee | Philadelphia, PA | 1947 | 1994–present | — | — | Clinton |
52 | Circuit Judge | Marjorie Rendell | Philadelphia, PA | 1947 | 1997–present | — | — | Clinton |
53 | Circuit Judge | Maryanne Trump Barry | Newark, NJ | 1937 | 1999–present | — | — | Clinton |
54 | Circuit Judge | Thomas L. Ambro | Wilmington, DE | 1949 | 2000–present | — | — | Clinton |
55 | Circuit Judge | Julio M. Fuentes | Newark, NJ | 1946 | 2000–present | — | — | Clinton |
56 | Circuit Judge | D. Brooks Smith | Duncansville, PA | 1951 | 2002–present | — | — | G.W. Bush |
58 | Circuit Judge | D. Michael Fisher | Pittsburgh, PA | 1944 | 2003–present | — | — | G.W. Bush |
60 | Circuit Judge | Michael A. Chagares[1] | Newark, NJ | 1962 | 2006–present | — | — | G.W. Bush |
61 | Circuit Judge | Kent A. Jordan[2] | Wilmington, DE | 1957 | 2006–present | — | — | G.W. Bush |
62 | Circuit Judge | Thomas M. Hardiman | Pittsburgh, PA | 1965 | 2007–present | — | — | G.W. Bush |
— | Circuit Judge | (vacant - seat 4) | (n/a) | (n/a) | (n/a) | (n/a) | (n/a) | (n/a) |
— | Circuit Judge | (vacant - seat 9) | (n/a) | (n/a) | (n/a) | (n/a) | (n/a) | (n/a) |
28 | Senior Circuit Judge | Ruggero J. Aldisert | Santa Barbara, CA | 1919 | 1968–1986 | 1984–1986 | 1986–present | L. Johnson |
35 | Senior Circuit Judge | Joseph Francis Weis, Jr. | Pittsburgh, PA | 1923 | 1973–1988 | (none) | 1988–present | Nixon |
36 | Senior Circuit Judge | Leonard I. Garth | Newark, NJ | 1921 | 1973–1986 | (none) | 1986–present | Nixon |
41 | Senior Circuit Judge | Walter King Stapleton | Wilmington, DE | 1934 | 1985–1999 | (none) | 1999–present | Reagan |
42 | Senior Circuit Judge | Morton Ira Greenberg | Trenton, NJ | 1933 | 1987–2000 | (none) | 2000–present | Reagan |
45 | Senior Circuit Judge | Robert E. Cowen | Trenton, NJ | 1930 | 1987–1998 | (none) | 1998–present | Reagan |
46 | Senior Circuit Judge | Richard Lowell Nygaard | Erie, PA | 1940 | 1988–2005 | (none) | 2005–present | Reagan |
48 | Senior Circuit Judge | Jane Richards Roth | Wilmington, DE | 1935 | 1991–2006 | (none) | 2006–present | G.H.W. Bush |
59 | Senior Circuit Judge | Franklin Stuart Van Antwerpen | Easton, PA | 1941 | 2004–2006 | (none) | 2006–present | G.W. Bush |
[edit] Pending nominations
- On July 17, 2007, President George W. Bush nominated Shalom D. Stone to Seat 4 vacated by Samuel A. Alito, Jr..
- On November 15, 2007, President Bush nominated Gene E. K. Pratter to Seat 9 vacated by Franklin Van Antwerpen.
[edit] List of former judges
# | Judge | State | Born/Died | Active service | Term as Chief Judge | Senior status | Appointed by | Reason for termination |
---|---|---|---|---|---|---|---|---|
1 | Marcus Wilson Acheson | PA | 1828–1906 | 1891–1906 | (none) | (none) | [3] | death |
2 | George M. Dallas | PA | 1839–1917 | 1892–1909 | (none) | (none) | B. Harrison | retirement |
3 | George Gray | DE | 1840–1925 | 1899[4]–1914 | (none) | (none) | McKinley | retirement |
4 | Joseph Buffington | PA | 1855–1947 | 1906[4]–1938 | (none) | 1938–1947 | T. Roosevelt | death |
5 | William Mershon Lanning | NJ | 1849–1912 | 1909–1912 | (none) | (none) | Taft | death |
— | Robert W. Archbald | PA | 1848–1926 | 1911–1913 | (none) | (none) | [5] | impeachment and conviction |
6 | John Bayard McPherson | PA | 1846–1919 | 1912–1919 | (none) | (none) | Taft | death |
7 | Victor Baynard Woolley | DE | 1867–1945 | 1914–1938 | (none) | 1938–1945 | Wilson | death |
8 | Thomas Griffith Haight | NJ | 1879–1942 | 1919[4]–1920 | (none) | (none) | Wilson | resignation |
9 | John Warren Davis | NJ | 1867–1945 | 1920–1939 | (none) | 1939–1941 | Wilson | resignation |
10 | Joseph Whitaker Thompson | PA | 1861–1946 | 1931–1938 | (none) | 1938–1946 | Hoover | death |
11 | John Biggs, Jr. | DE | 1895–1979 | 1937–1965 | 1948–1965 | 1965–1979 | F. Roosevelt | death |
12 | Albert Branson Maris | PA | 1893–1989 | 1938–1958 | (none) | 1958–1989 | F. Roosevelt | death |
13 | William Clark | NJ | 1891–1957 | 1938–1943 | (none) | (none) | F. Roosevelt | resignation |
14 | Francis Biddle | 1886–1968 | 1939–1940 | (none) | (none) | F. Roosevelt | resignation | |
15 | Charles Alvin Jones | PA | 1887–1966 | 1939–1944 | (none) | (none) | F. Roosevelt | resignation |
16 | Herbert Funk Goodrich | PA | 1889–1962 | 1940–1962 | (none) | (none) | F. Roosevelt | death |
17 | Gerald McLaughlin | NJ | 1893–1977 | 1943–1968 | (none) | 1968–1977 | F. Roosevelt | death |
18 | John Joseph O'Connell | PA | 1894–1949 | 1945–1949 | (none) | (none) | Truman | death |
19 | Harry Ellis Kalodner | PA | 1896–1977 | 1946–1969 | 1965–1966 | 1969–1977 | Truman | death |
20 | William Henry Hastie | VI | 1904–1976 | 1949[4]–1971 | 1968–1971 | 1971–1976 | Truman | death |
21 | Austin Leander Staley | PA | 1902–1978 | 1950–1967 | 1966–1967 | 1967–1978 | Truman | death |
22 | Phillip Forman | NJ | 1895–1978 | 1959–1961 | (none) | 1961–1978 | Eisenhower | death |
23 | James Cullen Ganey | PA | 1899–1972 | 1961–1966 | (none) | 1966–1972 | Kennedy | death |
24 | William Francis Smith | NJ | 1903–1968 | 1961–1968 | (none) | (none) | Kennedy | death |
25 | Abraham Lincoln Freedman | PA | 1904–1971 | 1964–1971 | (none) | (none) | L. Johnson | death |
26 | Collins Jacques Seitz | DE | 1914–1998 | 1966–1989 | 1971–1984 | 1989–1998 | L. Johnson | death |
27 | Francis Lund Van Dusen | PA | 1912–1993 | 1967–1977 | (none) | 1977–1993 | L. Johnson | death |
29 | David Henry Stahl | PA | 1920–1970 | 1968–1970 | (none) | (none) | L. Johnson | death |
30 | Arlin Marvin Adams | PA | 1921–present | 1969–1987 | (none) | (none) | Nixon | retirement |
31 | John Joseph Gibbons | NJ | 1924–present | 1969–1990 | 1987–1990 | (none) | Nixon | retirement |
32 | Max Rosenn | PA | 1910-2006[6] | 1970–1981 | (none) | 1981–2006 | Nixon | death |
33 | James Rosen | NJ | 1909–1972 | 1971–1972 | (none) | (none) | Nixon | death |
34 | James Hunter III | NJ | 1916–1989 | 1971–1986 | (none) | 1986–1989 | Nixon | death |
37 | Aloyisus Leon Higginbotham, Jr. | PA | 1928–1998 | 1977–1991 | 1990–1991 | 1991–1993 | Carter | retirement |
39 | Edward Roy Becker[7] | PA | 1933–2006 | 1981–2003 | 1998–2003 | 2003–2006 | Reagan | death |
40 | Carol Los Mansmann | PA | 1942–2002 | 1985–2002 | (none) | (none) | Reagan | death |
43 | William D. Hutchinson | PA | 1932–1995 | 1987–1995 | (none) | (none) | Reagan | death |
47 | Samuel A. Alito, Jr. | NJ | 1950–present | 1990–2006 | (none) | (none) | G.H.W. Bush | elevation to Supreme Court |
49 | Timothy K. Lewis | PA | 1954–present | 1992–1999 | (none) | (none) | G.H.W. Bush | resignation |
51 | H. Lee Sarokin | NJ | 1928–present | 1994–1996 | (none) | (none) | Clinton | retirement |
57 | Michael Chertoff | NJ | 1953–present | 2003–2005 | (none) | (none) | G.W. Bush | resignation to become United States Secretary of Homeland Security |
[edit] Chief judges
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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 fourteen 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.
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[edit] Trivia
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Following the confirmation of Thomas Hardiman, the Third Circuit is the only of the Federal Courts of Appeals to be split evenly between Republican and Democratic-appointed judges.
[edit] See also
[edit] Notes
- ^ de la Cruz, Donna. "Senate confirms New Jersey lawyer to 3rd U.S. Circuit", Newsday, Newsday, Inc., April 4, 2006. Retrieved on 2006-04-04.
- ^ Bennett, Elizabeth. "Senate Confirms Jordan to 3rd Circuit Replacing Senior Judge Jane Roth", December 11, 2006. Retrieved on 2006-12-09.
- ^ Acheson was appointed as a circuit judge for the Third Circuit in 1891 by Benjamin Harrison. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Third Circuit.
- ^ a b c d Recess appointment, confirmed by the Senate at a later date.
- ^ Archbald 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. Archbald was assigned to the Third Circuit upon his commission.
- ^ Judge Rosenn dies. Wilkes-Barre Time-Leader. Retrieved on February 7, 2006.
- ^ Weiner, Tim. "Edward R. Becker, 73, Judge on Federal Court of Appeals, Dies", The New York Times, The New York Times Company, 2006-05-20. Retrieved on 2006-05-21.
[edit] References
- Third Circuit Court of Appeals Judges. Official website of the United States Court of Appeals for the Third Circuit. Retrieved on May 30, 2005.
- PDF (34 kB)
- source for the duty stations
- U. S. Court of Appeals for the Third Circuit. Official website of the Federal Judicial Center. Retrieved on May 30, 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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