United States Court of Appeals for the Eighth Circuit

The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:

• Eastern District of Arkansas
• Western District of Arkansas
• Northern District of Iowa
• Southern District of Iowa
• District of Minnesota
• Eastern District of Missouri
• Western District of Missouri
• District of Nebraska
• District of North Dakota
• District of South Dakota

The court is composed of eleven active judges and is based at the Thomas F. Eagleton United States Courthouse in St. Louis, Missouri. It is one of thirteen United States courts of appeals.

Contents 1 Composition 2 Current composition of the court 2.1 Vacancies and pending nominations 3 List of former judges 4 Chief judges 5 Succession of seats 6 See also 7 Notes 8 References 9 External links 10 Navigation

Composition

Republican Presidents have appointed a greater percentage of judges to the Eighth Circuit (nine of eleven active judges, or 82%) than any other Court of Appeals in the United States. Six judges were appointed by George W. Bush, making the Eighth Circuit the only Circuit to have a majority of its judges appointed by a single President.

Current composition of the court

#	Title	Judge	Duty station	Born	Term of service			Appointed by
					Active	Chief	Senior
51	Chief Judge	William J. Riley	Omaha, NE	1947	2001–present	2010–present	—	G.W. Bush
42	Circuit Judge	Roger Leland Wollman	Sioux Falls, SD	1934	1985–present	1999–2002	—	Reagan
45	Circuit Judge	James B. Loken	Minneapolis, MN	1940	1990–present	2003–2010	—	G.H.W. Bush
48	Circuit Judge	Diana E. Murphy	Minneapolis, MN	1934	1994–present	(none)	—	Clinton
50	Circuit Judge	Kermit Edward Bye	Fargo, ND	1937	2000–present	(none)	—	Clinton
52	Circuit Judge	Michael Joseph Melloy	Cedar Rapids, IA	1948	2002–present	(none)	—	G.W. Bush
53	Circuit Judge	Lavenski R. Smith	Little Rock, AR	1958	2002–present	(none)	—	G.W. Bush
54	Circuit Judge	Steven M. Colloton	Des Moines, IA	1963	2003–present	(none)	—	G.W. Bush
55	Circuit Judge	Raymond W. Gruender	Saint Louis, MO	1963	2004–present	(none)	—	G.W. Bush
56	Circuit Judge	William Duane Benton	Kansas City, MO	1950	2004–present	(none)	—	G.W. Bush
57	Circuit Judge	Bobby E. Shepherd	El Dorado, AR	1951	2006–present	(none)	—	G.W. Bush
32	Senior Circuit Judge	Myron H. Bright	Fargo, ND	1919	1968–1985	(none)	1985–present	L. Johnson
33	Senior Circuit Judge	Donald Roe Ross	(inactive)	1922	1970–1987	(none)	1987–present	Nixon
40	Senior Circuit Judge	George Gardner Fagg	(inactive)	1934	1982–1999	(none)	1999–present	Reagan
41	Senior Circuit Judge	Pasco Bowman II	Kansas City, MO	1933	1983–2003	1998–1999	2003–present	Reagan
43	Senior Circuit Judge	Frank J. Magill	(inactive)	1927	1986–1997	(none)	1997–present	Reagan
44	Senior Circuit Judge	C. Arlen Beam	Lincoln, NE	1930	1987–2001	(none)	2001–present	Reagan
46	Senior Circuit Judge	David R. Hansen	(inactive)	1938	1991–2003	2002–2003	2003–2011	G.H.W. Bush
47	Senior Circuit Judge	Morris Sheppard Arnold	Little Rock, AR	1941	1992–2006	(none)	2006–present	G.H.W. Bush

Vacancies and pending nominations

Seat	Seat Last Held By	Vacancy Reason	Date of Vacancy	Nominee	Date of Nomination
—	No Current Vacancies

List of former judges

#	Judge	State	Born/Died	Active service	Term as Chief Judge	Senior status	Appointed by	Reason for termination
1	Caldwell, Henry ClayHenry Clay Caldwell	AR	1832–1915	1891–1903	(none)	(none)	[1]	retirement
2	Sanborn, Walter HenryWalter Henry Sanborn	MN	1845–1928	1892–1928	(none)	(none)	Harrison, B.B. Harrison	death
3	Thayer, Amos MaddenAmos Madden Thayer	MO	1841–1905	1894–1905	(none)	(none)	Cleveland, Cleveland	death
4	Van Devanter, WillisWillis Van Devanter		1859–1941	1903–1910	(none)	(none)	Roosevelt, T.T. Roosevelt	elevation to Supreme Court
5	Hook, William CatherWilliam Cather Hook	KS	1857–1921	1903–1921	(none)	(none)	Roosevelt, T.T. Roosevelt	death
6	Adams, Elmer BraggElmer Bragg Adams	MO	1842–1916	1905[2]–1916	(none)	(none)	Roosevelt, T.T. Roosevelt	death
—	Carland, John EmmettJohn Emmett Carland	SD	1853–1922	1911–1922	(none)	(none)	[3]	death
7	Smith, Walter I.Walter I. Smith	IA	1862–1922	1911–1922	(none)	(none)	Taft, Taft	death
8	Stone, KimbroughKimbrough Stone	MO	1875–1958	1916–1947	(none)	1947–1958	Wilson, Wilson	death
9	Lewis, Robert E.Robert E. Lewis	CO	1857–1941	1921–1929	(none)	(none)	Harding, Harding	reassignment to 10th Circuit
10	Kenyon, William SquireWilliam Squire Kenyon	IA	1869–1933	1922–1933	(none)	(none)	Harding, Harding	death
11	Booth, Wilbur FranklinWilbur Franklin Booth	MN	1861–1944	1925–1932	(none)	1932–1944	Coolidge, Coolidge	death
12	Van Valkenburgh, Arba SeymourArba Seymour Van Valkenburgh	MO	1862–1944	1925–1933	(none)	1933–1944	Coolidge, Coolidge	death
13	Cotteral, John HazeltonJohn Hazelton Cotteral	OK	1864–1933	1928–1929	(none)	(none)	Coolidge, Coolidge	reassignment to 10th Circuit
14	Gardner, Archibald K.Archibald K. Gardner	SD	1867–1962	1929–1960	1948–1959	1960–1962	Hoover, Hoover	death
15	Sanborn, Jr., John B.John B. Sanborn, Jr.	MN	1883–1964	1932–1958	(none)	1959–1964	Hoover, Hoover	death
16	Woodrough, Joseph WilliamJoseph William Woodrough	NE	1873–1977	1933–1961	(none)	1961–1977	Roosevelt, F.F. Roosevelt	death
17	Faris, Charles BreckenridgeCharles Breckenridge Faris	MO	1864–1938	1935–1935	(none)	1935–1938	Roosevelt, F.F. Roosevelt	death
18	Thomas, SethSeth Thomas	IA	1873–1962	1935(b)–1954	(none)	1954–1962	Roosevelt, F.F. Roosevelt	death
19	Johnsen, Harvey M.Harvey M. Johnsen	NE	1895–1975	1940–1965	1959–1965	1965–1975	Roosevelt, F.F. Roosevelt	death
20	Riddick, Walter GarrettWalter Garrett Riddick	AR	1883–1953	1941–1953	(none)	(none)	Roosevelt, F.F. Roosevelt	death
21	Collet, John CaskieJohn Caskie Collet	MO	1898–1955	1947–1955	(none)	(none)	Truman, Truman	death
22	Vogel, Charles JosephCharles Joseph Vogel	ND	1898–1980	1954–1968	1965–1968	1968–1980	Eisenhower, Eisenhower	death
23	Van Oosterhout, Martin DonaldMartin Donald Van Oosterhout	IA	1900–1979	1954–1971	1968–1970	1971–1979	Eisenhower, Eisenhower	death
24	Whittaker, Charles EvansCharles Evans Whittaker	MO	1901–1973	1956–1957	(none)	(none)	Eisenhower, Eisenhower	elevation to Supreme Court
25	Matthes, Marion CharlesMarion Charles Matthes	MO	1906–1980	1958–1973	1970–1973	1973–1980	Eisenhower, Eisenhower	death
26	Blackmun, HarryHarry Blackmun	MN	1908–1999	1959–1970	(none)	(none)	Eisenhower, Eisenhower	elevation to Supreme Court
27	Ridge, Albert AlphonsoAlbert Alphonso Ridge	MO	1898–1967	1961–1965	(none)	1965–1967	Kennedy, Kennedy	death
28	Mehaffy, PatPat Mehaffy	AR	1904–1981	1963–1974	1973–1974	1974–1981	Kennedy, Kennedy	death
29	Gibson, Floyd RobertFloyd Robert Gibson	MO	1910–2001	1965–1979	1974–1979	1979–2001	Johnson, L.L. Johnson	death
30	Lay, Donald P.Donald P. Lay	MN	1926–2007	1966–1992	1979–1992	1992–2007	Johnson, L.L. Johnson	death
31	Heaney, Gerald WilliamGerald William Heaney	MN	1918–2010	1966–1988	(none)	1988–2006	Johnson, L.L. Johnson	retirement
34	Stephenson, Roy LaverneRoy Laverne Stephenson	IA	1917–1982	1971–1982	(none)	1982–1982	Nixon, Nixon	death
35	Webster, William HedgcockWilliam Hedgcock Webster	MO	1924–present	1973–1978	(none)	(none)	Nixon, Nixon	resignation to become FBI Director
36	Henley, Jesse SmithJesse Smith Henley	AR	1917–1997	1975–1982	(none)	1982–1997	Ford, Ford	death
37	McMillian, TheodoreTheodore McMillian	MO	1919–2006	1978–2003	(none)	2003–2006	Carter, Carter	death
38	Arnold, Richard SheppardRichard Sheppard Arnold	AR	1936–2004	1980–2001	1992–1998	2001–2004	Carter, Carter	death
49	Kelly, John DavidJohn David Kelly	ND	1934–1998	1998–1998	(none)	(none)	Clinton, Clinton	death

Chief judges

Chief Judge Gardner 1948–1959 Johnsen 1959–1965 Vogel 1965–1968 Van Oosterhout 1968–1970 Matthes 1970–1973 Mehaffy 1973–1974 Gibson 1974–1979 Lay 1979–1992 Arnold 1992–1998 Bowman 1998–1999 Wollman 1999–2002 Hansen 2002–2003 Loken 2003–2010 Riley 2010–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 had thirteen seats for active judges. Two of these seats were reassigned to the United States Court of Appeals for the Tenth Circuit, leaving a eleven-seat court. The seats are 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 Circuit Judges Act as a circuit judgeship for the Eighth Circuit Reassigned to the United States Circuit Court of Appeals for the Eighth Circuit by the Judiciary Act of 1891 Caldwell AR 1891–1903 Hook KS 1903–1921 Lewis CO 1921–1929 Reassigned on February 28, 1929 to the United States Circuit Court of Appeals for the Tenth Circuit by 45 Stat. 1346

Seat 2 Established on June 16, 1891 by the Judiciary Act of 1891 W. Sanborn MN 1892–1928 Cotteral OK 1928–1929 Reassigned on February 28, 1929 to the United States Circuit Court of Appeals for the Tenth Circuit by 45 Stat. 1346

Seat 3 Established on July 23, 1894 by 28 Stat. 115 Thayer MO 1894–1905 Adams MO 1905–1916 Stone MO 1916–1947 Collet MO 1947–1955 Whittaker MO 1956–1957 Matthes MO 1958–1973 Webster MO 1973–1978 McMillian MO 1978–2003 Benton MO 2004–present

Seat 4 Established on January 31, 1903 by 32 Stat. 791 Van Devanter WY 1903–1910 W. Smith IA 1911–1922 Kenyon IA 1922–1933 Faris MO 1935–1935 Thomas IA 1935–1954 Van Oosterhout IA 1954–1971 Stephenson IA 1971–1982 Fagg IA 1982–1999 Melloy IA 2002–present

Seat 5 Established on March 3, 1925 by 43 Stat. 1116 Booth MN 1925–1932 J. Sanborn MN 1932–1959 Blackmun MN 1959–1970 Ross NE 1970–1987 Beam NE 1987–2001 Riley NE 2001–present

Seat 6 Established on March 3, 1925 by 43 Stat. 1116 Van Valkenburgh MO 1925–1933 Woodrough NE 1933–1961 Mehaffy AR 1963–1974 Henley AR 1975–1982 Bowman MO 1983–2003 Gruender MO 2004–present

Seat 7 Established on February 28, 1929 by 45 Stat. 1346 Gardner SD 1929–1960 Ridge MO 1961–1965 F. Gibson MO 1965–1979 J. Gibson MO 1982–1994 Murphy MN 1994–present

Seat 8 Established on May 24, 1940 by 54 Stat. 219 Johnsen NE 1940–1965 Lay NE 1966–1992 M. Arnold AR 1992–2006 Shepherd AR 2006–present

Seat 9 Established on May 24, 1940 by 54 Stat. 219 Riddick AR 1941–1953 Vogel ND 1954–1968 Bright ND 1968–1985 Magill ND 1986–1997 Kelly ND 1998–1998 Bye ND 2000–present

Seat 10 Established on March 18, 1966 by 80 Stat. 75 Heaney MN 1966–1988 Loken MN 1990–present

Seat 11 Established on October 20, 1978 by 92 Stat. 1629 R. Arnold AR 1980–2001 L. Smith AR 2002–present

Seat 12 Established on July 10, 1984 by 98 Stat. 333 Wollman SD 1985–present

Seat 13 Established on December 1, 1990 by 104 Stat. 5089 Hansen IA 1991–2003 Colloton IA 2003–present

See also

Wikisource has original works on the topic: United States Court of Appeals for the Eighth Circuit

• Federal judicial appointment history#Eighth Circuit

Notes

References

• "Standard Search". Federal Law Clerk Information System. https://lawclerks.ao.uscourts.gov/web/jobSearch. Retrieved June 10, 2005. 
  • primary but incomplete source for the duty stations
• "Instructions for Judicial Directory". Website of the University of Texas Law School. Archived from the original on November 11, 2005. http://web.archive.org/web/20051111193332/http://www.utexas.edu/law/depts/career/downloads/judicial_listing.html. Retrieved July 4, 2005. 
  • secondary source for the duty stations
  • data is current to 2002
• "U. S. Court of Appeals for the Eighth Circuit". Official website of the Federal Judicial Center. Archived from the original on May 2, 2005. http://web.archive.org/web/20050502185439/http://www.fjc.gov/history/home.nsf/usca_08_frm?OpenFrameSet. Retrieved June 10, 2005. 
  • source for the state, lifetime, term of active judgeship, term of chief judgeship, term of senior judgeship, appointer, termination reason, and seat information

External links

• United States Court of Appeals for the Eighth Circuit
• Recent opinions from FindLaw

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