United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York, and Vermont, and the court has appellate jurisdiction over the district courts in the following districts:
The Second Circuit ordinarily has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse in Foley Square in lower Manhattan. Due to renovations at that building, during the summer of 2006 the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse in New York City across Pearl Street from the Marshall Courthouse. Some of the Court's offices, including the Office of Legal Affairs, have moved to the Woolworth Building for the duration of the renovations, which are expected to take several years.[1]
Current composition of the court
With 13 active and 13 senior judges, the Second Circuit is midsized among the thirteen United States courts of appeals.
Active
As of December 1, 2011 (2011 -12-01)[update], the active judges on the court are as follows[2]:
# |
Judge |
Duty station[3][4] |
Born |
Appointed |
Chief |
Appointed by |
50 |
Dennis G. Jacobs |
New York, NY |
1944 |
1992 |
2006 |
G.H.W. Bush |
53 |
José A. Cabranes |
New Haven, CT |
1940 |
1994 |
— |
Clinton |
55 |
Rosemary S. Pooler |
Syracuse, NY |
1938 |
1998 |
— |
Clinton |
59 |
Robert Katzmann |
New York, NY |
1953 |
1999 |
— |
Clinton |
61 |
Reena Raggi |
Brooklyn, NY |
1951 |
2002 |
— |
G.W. Bush |
62 |
Richard C. Wesley |
Geneseo, NY |
1949 |
2003 |
— |
G.W. Bush |
63 |
Peter W. Hall |
Rutland, VT |
1948 |
2004 |
— |
G.W. Bush |
64 |
Debra Ann Livingston |
New York, NY |
1959 |
2007 |
— |
G.W. Bush |
65 |
Gerard E. Lynch |
New York, NY |
1951 |
2009 |
— |
Obama |
66 |
Denny Chin |
New York, NY |
1954 |
2010 |
— |
Obama |
67 |
Raymond Lohier, Jr. |
New York, NY |
1965 |
2010 |
— |
Obama |
68 |
Susan L. Carney |
New Haven, CT |
1951 |
2011 |
— |
Obama |
69 |
Christopher F. Droney |
New Haven, CT |
1954 |
2011 |
— |
Obama |
Senior
Twelve former circuit judges continue to serve on senior status[2]:
# |
Judge |
Duty station[3][4] |
Born |
Active service |
Chief |
Senior
since |
Appointed by |
31 |
Wilfred Feinberg |
New York, NY |
1920 |
1966–1991 |
1980–1988 |
1991 |
L. Johnson |
39 |
Jon Ormond Newman |
Hartford, CT |
1932 |
1979–1997 |
1993–1997 |
1997 |
Carter |
40 |
Amalya Lyle Kearse |
New York, NY |
1937 |
1979–2002 |
—— |
2002 |
Carter |
41 |
Richard J. Cardamone |
(inactive) |
1925 |
1981–1993 |
—— |
1993 |
Reagan |
43 |
Ralph K. Winter, Jr. |
New Haven, CT |
1935 |
1981–2000 |
1997–2000 |
2000 |
Reagan |
45 |
Roger Jeffrey Miner |
Albany, NY |
1934 |
1985–1997 |
—— |
1997 |
Reagan |
48 |
John M. Walker, Jr. |
New Haven, CT |
1940 |
1989–2006 |
2000–2006 |
2006 |
G.H.W. Bush |
49 |
Joseph Michael McLaughlin |
New York, NY |
1933 |
1990–1998 |
—— |
1998 |
G.H.W. Bush |
51 |
Pierre N. Leval |
New York, NY |
1936 |
1993–2002 |
—— |
2002 |
Clinton |
52 |
Guido Calabresi |
New Haven, CT |
1932 |
1994–2009 |
—— |
2009 |
Clinton |
56 |
Chester J. Straub |
New York, NY |
1937 |
1998–2008 |
—— |
2008 |
Clinton |
57 |
Robert D. Sack |
New York, NY |
1939 |
1998–2009 |
—— |
2009 |
Clinton |
60 |
Barrington Daniels Parker, Jr. |
New York, NY |
1944 |
2001–2009 |
—— |
2009 |
G.W. Bush |
List of former judges
Forty-three judges used to serve on the court, but no longer do[2]:
#
|
Judge
|
State
|
Born/Died
|
Active
|
Chief
|
Senior
|
Appointed by
|
Reason for
termination |
1 |
Wallace, William JamesWilliam James Wallace |
NY |
1837–1917 |
1891–1907 |
—— |
—— |
[5] |
retirement |
2 |
Lacombe, Emile HenryEmile Henry Lacombe |
NY |
1846–1924 |
1891–1916 |
—— |
—— |
[6] |
retirement |
3 |
Shipman, NathanielNathaniel Shipman |
CT |
1828–1906 |
1892–1902 |
—— |
—— |
Harrison, B.B. Harrison |
retirement |
4 |
Townsend, William KneelandWilliam Kneeland Townsend |
CT |
1849–1907 |
1902–1907 |
—— |
—— |
Roosevelt, T.T. Roosevelt |
death |
5 |
Coxe, Sr., Alfred ConklingAlfred Conkling Coxe, Sr. |
NY |
1847–1923 |
1902–1917 |
—— |
—— |
Roosevelt, T.T. Roosevelt |
retirement |
6 |
Ward, Henry GalbraithHenry Galbraith Ward[7] |
NY |
1851–1933 |
1907–1921 |
—— |
1921–1924 |
Roosevelt, T.T. Roosevelt |
retirement |
7 |
Noyes, Walter ChadwickWalter Chadwick Noyes[7] |
CT |
1865–1926 |
1907–1913 |
—— |
—— |
Roosevelt, T.T. Roosevelt |
resignation |
8 |
Rogers, Henry WadeHenry Wade Rogers |
CT |
1853–1926 |
1913–1926 |
—— |
—— |
Wilson, Wilson |
death |
9 |
Hough, Charles MerrillCharles Merrill Hough |
NY |
1858–1927 |
1916–1927 |
—— |
—— |
Wilson, Wilson |
death |
10 |
Manton, Martin ThomasMartin Thomas Manton |
NY |
1880–1946 |
1918–1939 |
—— |
—— |
Wilson, Wilson |
resignation |
11 |
Mayer, Julius MarshuetzJulius Marshuetz Mayer |
NY |
1865–1925 |
1921–1924 |
—— |
—— |
Harding, Harding |
resignation |
12 |
Hand, LearnedLearned Hand |
NY |
1872–1961 |
1924–1951 |
1948–1951 |
1951–1961 |
Coolidge, Coolidge |
death |
13 |
Swan, Thomas WalterThomas Walter Swan |
CT |
1877–1975 |
1926–1953 |
1951–1953 |
1953–1975 |
Coolidge, Coolidge |
death |
14 |
Hand, Augustus NobleAugustus Noble Hand |
NY |
1869–1954 |
1927–1953 |
—— |
1953–1954 |
Coolidge, Coolidge |
death |
15 |
Chase, Harrie BrighamHarrie Brigham Chase |
VT |
1889–1969 |
1929–1953 |
1953–1954 |
1954–1969 |
Coolidge, Coolidge |
death |
16 |
Clark, Charles EdwardCharles Edward Clark |
CT |
1889–1963 |
1939–1963 |
1954–1959 |
—— |
Roosevelt, F.F. Roosevelt |
death |
17 |
Patterson, Sr., Robert PorterRobert Porter Patterson, Sr. |
NY |
1891–1952 |
1939–1940 |
—— |
—— |
Roosevelt, F.F. Roosevelt |
resignation |
18 |
Frank, Jerome NewJerome New Frank |
|
1889–1957 |
1941–1957 |
—— |
—— |
Roosevelt, F.F. Roosevelt |
death |
19 |
Medina, Harold RaymondHarold Raymond Medina |
NY |
1888–1990 |
1951–1958 |
—— |
1958–1980 |
Truman, Truman |
retirement |
20 |
Hincks, Carroll ClarkCarroll Clark Hincks |
CT |
1889–1964 |
1953–1959 |
—— |
1959–1964 |
Eisenhower, Eisenhower |
death |
21 |
Harlan II, John MarshallJohn Marshall Harlan II |
NY |
1899–1971 |
1954–1955 |
—— |
—— |
Eisenhower, Eisenhower |
elevation to Supreme Court |
22 |
Lumbard, Joseph EdwardJoseph Edward Lumbard |
NY |
1901–1999 |
1955–1971 |
1959–1971 |
1971–1999 |
Eisenhower, Eisenhower |
death |
23 |
Waterman, Sterry RobinsonSterry Robinson Waterman |
VT |
1901–1984 |
1955–1970 |
—— |
1970–1984 |
Eisenhower, Eisenhower |
death |
24 |
Moore, Leonard PageLeonard Page Moore |
NY |
1898–1982 |
1957–1971 |
—— |
1971–1982 |
Eisenhower, Eisenhower |
death |
25 |
Friendly, HenryHenry Friendly |
NY |
1903–1986 |
1959–1974 |
1971–1973 |
1974–1986 |
Eisenhower, Eisenhower |
death |
26 |
Smith, John JosephJohn Joseph Smith |
CT |
1904–1980 |
1960–1971 |
—— |
1971–1980 |
Eisenhower, Eisenhower |
death |
27 |
Kaufman, IrvingIrving Kaufman |
NY |
1910–1992 |
1961–1987 |
1973–1980 |
1987–1992 |
Kennedy, Kennedy |
death |
28 |
Hays, Paul RaymondPaul Raymond Hays |
NY |
1903–1980 |
1962–1974 |
—— |
1974–1980 |
Kennedy, Kennedy |
death |
29 |
Marshall, ThurgoodThurgood Marshall |
|
1908–1993 |
1962–1965 |
—— |
—— |
Kennedy, Kennedy |
resignation to become
United States Solicitor General |
30 |
Anderson, Robert PalmerRobert Palmer Anderson |
CT |
1906–1978 |
1964–1971 |
—— |
1971–1978 |
Johnson, L.L. Johnson |
death |
32 |
Mansfield, Walter RoeWalter Roe Mansfield |
NY |
1911–1987 |
1971–1981 |
—— |
1981–1987 |
Nixon, Nixon |
death |
33 |
Mulligan, William HughesWilliam Hughes Mulligan |
NY |
1918–1996 |
1971–1981 |
—— |
—— |
Nixon, Nixon |
resignation |
34 |
Oakes, James LowellJames Lowell Oakes |
VT |
1924–2007 |
1971–1992 |
1988–1992 |
1992–2007 |
Nixon, Nixon |
death |
35 |
Timbers, William HomerWilliam Homer Timbers |
CT |
1915–1994 |
1971–1981 |
—— |
1981–1994 |
Nixon, Nixon |
death |
36 |
Gurfein, Murray IrwinMurray Irwin Gurfein |
NY |
1907–1979 |
1974–1979 |
—— |
—— |
Nixon, Nixon |
death |
37 |
Van Graafeiland, Ellsworth AlfredEllsworth Alfred Van Graafeiland |
NY |
1915–2004 |
1974–1985 |
—— |
1985–2004 |
Ford, Ford |
death |
38 |
Meskill, Thomas JosephThomas Joseph Meskill |
CT |
1928–2007 |
1975–1993 |
1992–1993 |
1993–2007 |
Ford, Ford |
death |
42 |
Pierce, Lawrence WarrenLawrence Warren Pierce |
NY |
1924– |
1981–1990 |
—— |
1990–1995 |
Reagan, Reagan |
retirement |
44 |
Pratt, George CheneyGeorge Cheney Pratt |
NY |
1928– |
1982–1993 |
—— |
1993–1995 |
Reagan, Reagan |
retirement |
46 |
Altimari, Frank X.Frank X. Altimari |
NY |
1928–1998 |
1985–1996 |
—— |
1996–1998 |
Reagan, Reagan |
death |
47 |
Mahoney, John DanielJohn Daniel Mahoney |
NY |
1931–1996 |
1986–1996 |
—— |
—— |
Reagan, Reagan |
death |
54 |
Parker, Fred I.Fred I. Parker |
VT |
1938–2003 |
1994–2003 |
—— |
—— |
Clinton, Clinton |
death |
58 |
Sotomayor, SoniaSonia Sotomayor |
NY |
1954 |
1998–2009 |
—— |
—— |
Clinton, Clinton |
elevation to Supreme Court |
Chief judges
Chief Judge |
L. Hand |
1948–1951 |
Swan |
1951–1953 |
Chase |
1953–1954 |
Clark |
1954–1959 |
Lumbard |
1959–1971 |
Friendly |
1971–1973 |
Kaufman |
1973–1980 |
Feinberg |
1980–1988 |
Oakes |
1988–1992 |
Meskill |
1992–1993 |
Newman |
1993–1997 |
Winter |
1997–2000 |
Walker |
2000–2006 |
Jacobs |
2006–present |
|
Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve unless the circuit justice (i.e., the Supreme Court justice responsible for the circuit) is also on the panel. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the circuit judges. To be chief, 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 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.
When the office was created in 1948, the chief judge was 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. After August 6, 1959, judges could not become chief after turning 70 years old. The current rules have been in operation since October 1, 1982.
Succession of seats
The court has thirteen 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 6, 1869 by the Judiciary Act of 1869 as a circuit judgeship for the Second Circuit |
Reassigned on June 16, 1891 to the newly formed U.S. Circuit Court of Appeals for the Second Circuit by the Judiciary Act of 1891 |
Wallace |
NY |
1891–1907 |
Ward |
NY |
1907–1921 |
Mayer |
NY |
1921–1924 |
L. Hand |
NY |
1924–1951 |
Medina |
NY |
1951–1958 |
Friendly |
NY |
1959–1974 |
Van Graafeiland |
NY |
1974–1985 |
Altimari |
NY |
1985–1996 |
Pooler |
NY |
1998–present |
|
Seat 2 |
Established on March 3, 1887 by 24 Stat. 492 as a circuit judgeship for the Second Circuit |
Reassigned on June 16, 1891 to the newly formed U.S. Circuit Court of Appeals for the Second Circuit by the Judiciary Act of 1891 |
Lacombe |
NY |
1891–1916 |
Hough |
NY |
1916–1927 |
A. Hand |
NY |
1927–1953 |
Harlan |
NY |
1954–1955 |
Lumbard |
NY |
1955–1971 |
Mulligan |
NY |
1971–1981 |
Cardamone |
NY |
1981–1993 |
Cabranes |
CT |
1994–present |
|
Seat 3 |
Established on June 16, 1891 by the Judiciary Act of 1891 |
Shipman |
CT |
1892–1902 |
Townsend |
CT |
1902–1907 |
Noyes |
CT |
1907–1913 |
Rogers |
CT |
1913–1926 |
Swan |
CT |
1926–1953 |
Hincks |
CT |
1953–1959 |
Smith |
CT |
1960–1971 |
Meskill |
CT |
1975–1993 |
Calabresi |
CT |
1994–2009 |
Droney |
CT |
2011–present |
|
Seat 4 |
Established on April 17, 1902 by 32 Stat. 106 |
Coxe |
NY |
1902–1917 |
Manton |
NY |
1918–1939 |
Patterson |
NY |
1939–1940 |
Frank |
|
1941–1957 |
Moore |
NY |
1957–1971 |
Mansfield |
NY |
1971–1981 |
Winter |
CT |
1981–2000 |
B. Parker |
NY |
2001–2009 |
Carney |
CT |
2011–present |
|
Seat 5 |
Established on January 17, 1929 by 45 Stat. 1081 |
Chase |
VT |
1929–1953 |
Waterman |
VT |
1955–1970 |
Oakes |
VT |
1971–1992 |
F. Parker |
VT |
1994–2003 |
Hall |
VT |
2004–present |
|
Seat 6 |
Established on May 31, 1938 by 52 Stat. 584 |
Clark |
CT |
1939–1963 |
Anderson |
CT |
1964–1971 |
Timbers |
CT |
1971–1981 |
Pratt |
NY |
1982–1993 |
Leval |
NY |
1993–2002 |
Wesley |
NY |
2003–present |
|
Seat 7 |
Established on May 19, 1961 by 75 Stat. 80 |
Kaufman |
NY |
1961–1987 |
Walker |
NY |
1989–2006 |
Livingston |
NY |
2007–present |
|
Seat 8 |
Established on May 19, 1961 by 75 Stat. 80 |
Hays |
NY |
1962–1974 |
Gurfein |
NY |
1974–1979 |
Pierce |
NY |
1981–1990 |
McLaughlin |
NY |
1990–1998 |
Straub |
NY |
1998–2008 |
Lynch |
NY |
2009–present |
|
Seat 9 |
Established on May 19, 1961 by 75 Stat. 80 |
Marshall |
|
1962–1965 |
Feinberg |
NY |
1966–1991 |
Jacobs |
NY |
1992–present |
|
Seat 10 |
Established on October 20, 1978 by 92 Stat. 1629 |
Kearse |
NY |
1979–2002 |
Raggi |
NY |
2002–present |
|
Seat 11 |
Established on October 20, 1978 by 92 Stat. 1629 |
Newman |
CT |
1979–1997 |
Katzmann |
DC |
1999–present |
|
Seat 12 |
Established on July 10, 1984 by 98 Stat. 333 |
Miner |
NY |
1985–1997 |
Sack |
NY |
1998–2009 |
Chin |
NY |
2010–present |
|
Seat 13 |
Established on July 10, 1984 by 98 Stat. 333 |
Mahoney |
NY |
1986–1996 |
Sotomayor |
NY |
1998–2009 |
Lohier |
NY |
2010–present |
|
Notables
- Judge Learned Hand served on the Second Circuit from 1924 to 1951, as did his cousin, Augustus Noble Hand, from 1927 until 1953.
- Judge Henry Friendly served on the court from 1959 to 1974, and wrote a large number of notable and enduring opinions.
See also
References
External links