United States Court of Appeals for the Fourth Circuit

United States Court of Appeals for the Fourth Circuit
Location Richmond, Virginia
Appeals from
Established June 16, 1891
Chief judge William Byrd Traxler, Jr.
Active judges 14 & 1 nominee
Senior judges 3
Official site

The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:

The court is based at the Lewis F. Powell, Jr. U.S. Courthouse in Richmond, Virginia. With 15 authorized judgeships (currently there are 14 active judges, one senior judge who continues to hear cases part-time, and two retired judges who no longer hear cases) it is mid-sized among the 13 United States courts of appeals.

Contents

Current composition of the court

Active

As of October 3, 2011, the active judges on the court are as follows (chief judge in bold)[1]:

# Judge Duty station[2] Born Appointed Chief Appointed by
38 William Byrd Traxler, Jr. Greenville, SC 1948 1998 2009– Clinton
29 J. Harvie Wilkinson III Charlottesville, VA 1944 1984 1996–2003 Reagan
32 Paul V. Niemeyer Baltimore, MD 1941 1990 —— G.H.W. Bush
37 Diana Gribbon Motz Baltimore, MD 1943 1994 —— Clinton
39 Robert Bruce King Charleston, WV 1940 1998 —— Clinton
40 Roger Gregory Richmond, VA 1953 2000 —— Clinton/
G.W. Bush[3]
41 Dennis Shedd Columbia, SC 1953 2002 —— G.W. Bush
42 Allyson Kay Duncan Raleigh, NC 1951 2003 —— G.W. Bush
43 G. Steven Agee Salem, VA 1952 2008 —— G.W. Bush
44 Andre M. Davis Baltimore, MD 1949 2009 —— Obama
45 Barbara Milano Keenan Alexandria, VA 1950 2010 —— Obama
46 James A. Wynn Raleigh, NC 1954 2010 —— Obama
47 Albert Diaz Charlotte, NC 1960 2010 —— Obama
48 Henry Franklin Floyd Pickens, SC 1947 2011 —— Obama
Vacant (seat 9) (formerly held by Michael)
Vacancies and pending nominations
Seat Prior incumbent Vacancy reason Date of vacancy Nominee Date of nomination
9 M. Blane Michael Death March 25, 2011 Stephanie Thacker September 8, 2011

Senior

One former circuit judge continues to hear cases on senior status[1]:

# Judge Duty station[2] Born Active service Chief Senior
since		 Appointed by
24 James Dickson Phillips, Jr. (inactive) 1922 1978–1994 —— 1994 Carter
28 Robert Foster Chapman (inactive) 1926 1981–1991 —— 1991 Reagan
33 Clyde H. Hamilton Columbia, SC 1934 1991–1999 —— 1999 G.H.W. Bush

List of former judges

Thirty judges used to serve on the court, but no longer do[1]:

#
 Judge
 State
 Born/Died
 Active
 Chief
 Senior
 Appointed by
 Reason for
termination
1 Bond, Hugh LennoxHugh Lennox Bond MD 1828–1893 1891–1893 —— —— Grant, Grant[4] death
2 Goff, Jr., NathanNathan Goff, Jr. WV 1843–1920 1892–1913 —— —— Harrison, B.B. Harrison resignation
3 Simonton, Charles HenryCharles Henry Simonton SC 1829–1904 1893–1904 —— —— Cleveland, Cleveland death
4 Pritchard, Jeter ConnellyJeter Connelly Pritchard NC/DC 1857–1921 1904–1921 —— —— Roosevelt, T.T. Roosevelt death
5 Woods, Charles AlbertCharles Albert Woods SC 1852–1925 1913–1925 —— —— Wilson, Wilson death
6 Waddill, Jr., EdmundEdmund Waddill, Jr. VA 1855–1931 1921–1931 —— —— Harding, Harding death
7 Rose, John CarterJohn Carter Rose MD 1861–1927 1922–1927 —— —— Harding, Harding death
8 Parker, John J.John J. Parker NC 1885–1958 1925–1958 1948–1958 —— Coolidge, Coolidge death
9 Northcott, ElliottElliott Northcott WV 1869–1946 1927–1939 —— 1939–1946 Coolidge, Coolidge death
10 Soper, Morris AmesMorris Ames Soper[5] MD 1873–1963 1931–1955 —— 1955–1963 Hoover, Hoover death
11 Dobie, Armistead MasonArmistead Mason Dobie[5] VA 1881–1962 1939–1956 —— 1956–1962 Roosevelt, F.F. Roosevelt death
12 Sobeloff, Simon E.Simon E. Sobeloff MD 1894–1973 1956–1970 1958–1964 1970–1973 Eisenhower, Eisenhower death
13 Haynsworth, ClementClement Haynsworth SC 1912–1989 1957–1981 1964–1981 1981–1989 Eisenhower, Eisenhower death
14 Boreman, Herbert StephensonHerbert Stephenson Boreman WV 1897–1982 1959–1971 —— 1971–1982 Eisenhower, Eisenhower death
15 Bryan Jr., Albert V.Albert V. Bryan Jr. VA 1899–1984 1961–1972 —— 1972–1984 Kennedy, Kennedy death
16 Bell, J. SpencerJ. Spencer Bell NC 1906–1967 1961–1967 —— —— Kennedy, Kennedy death
17 Winter, Harrison LeeHarrison Lee Winter MD 1921–1990 1966–1990 1981–1989 1990–1990 Johnson, L.L. Johnson death
18 Craven, Jr., James BraxtonJames Braxton Craven, Jr. NC 1918–1977 1966–1977 —— —— Johnson, L.L. Johnson death
19 Butzner, Jr., John D.John D. Butzner, Jr. VA 1917–2006 1967–1982 —— 1982–2006 Johnson, L.L. Johnson death
20 Russell, Donald StuartDonald Stuart Russell SC 1906–1998 1971–1998 —— —— Nixon, Nixon death
21 Field, Jr., John A.John A. Field, Jr. WV 1910–1995 1971–1976 —— 1976–1995 Nixon, Nixon death
22 Widener, Jr., H. EmoryH. Emory Widener, Jr. VA 1923–2007 1972–2007 —— 2007 Nixon, Nixon death
23 Hall, Kenneth KellerKenneth Keller Hall WV 1918–1999 1976–1998 —— 1998–1999 Ford, Ford death
25 Murnaghan, Jr., Francis DominicFrancis Dominic Murnaghan, Jr. MD 1920–2000 1979–2000 —— —— Carter, Carter death
26 Sprouse, James MarshallJames Marshall Sprouse WV 1923–2004 1979–1992 —— 1992–1995 Carter, Carter retirement
27 Ervin III, Samuel JamesSamuel James Ervin III NC 1926–1999 1980–1999 1989–1996 —— Carter, Carter death
30 Sneeden, Emory M.Emory M. Sneeden DC 1927–1987 1984–1986 —— —— Reagan, Reagan resignation
31 Wilkins, William WalterWilliam Walter Wilkins SC 1942– 1986–2007 2003–2007 2007–2008 Reagan, Reagan retirement
34 Luttig, J. MichaelJ. Michael Luttig VA 1954– 1991–2006 —— —— Bush, G.H.W.G.H.W. Bush resignation
35 Williams, Karen J.Karen J. Williams SC 1951– 1992–2009 2007–2009 —— Bush, G.H.W.G.H.W. Bush retirement
36 Michael, M. BlaneM. Blane Michael WV 1943–2011 1993–2011 —— —— Clinton, Clinton death

Chief judges

Chief Judge
Parker 1948–1958
Sobeloff 1958–1964
Haynsworth 1964–1981
Winter 1981–1989
Ervin 1989–1996
Wilkinson 1996–2003
Wilkins 2003–2007
Williams 2007–2009
Traxler 2009–

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 fifteen 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 Fourth Circuit
Reassigned on June 16, 1891 to the United States Circuit Court of Appeals for the Fourth Circuit by the Judiciary Act of 1891
Bond MD 1891–1893
Simonton SC 1893–1904
Pritchard DC 1904–1921
Waddill VA 1921–1931
Soper MD 1931–1955
Sobeloff MD 1956–1970
Russell SC 1971–1998
Traxler SC 1998–
Seat 2
Established on June 16, 1891 by the Judiciary Act of 1891
Goff WV 1892–1913
Woods SC 1913–1925
Parker NC 1925–1958
Boreman WV 1959–1971
Field WV 1971–1976
Hall WV 1976–1998
King WV 1998–
Seat 3
Established on September 14, 1922 by 42 Stat. 837
Rose MD 1922–1927
Northcott WV 1927–1939
Dobie VA 1939–1956
Haynsworth SC 1957–1981
Chapman SC 1981–1991
Williams SC 1992–2009
Floyd SC 2011–
Seat 4
Established on May 19, 1961 by 75 Stat. 80
Bryan VA 1961–1972
Widener VA 1972–2007
Keenan VA 2010–
Seat 5
Established on May 19, 1961 by 75 Stat. 80
Bell NC 1961–1967
Butzner VA 1967–1982
Wilkinson VA 1984–
Seat 6
Established on March 18, 1966 by 80 Stat. 75
Winter MD 1966–1990
Niemeyer MD 1990–
Seat 7
Established on March 18, 1966 by 80 Stat. 75
Craven NC 1966–1977
Phillips NC 1978–1994
Wynn NC 2010–
Seat 8
Established on October 20, 1978 by 92 Stat. 1629
Murnaghan MD 1979–2000
Davis MD 2009–
Seat 9
Established on October 20, 1978 by 92 Stat. 1629
Sprouse WV 1979–1992
Michael WV 1993–2011
Vacant 2011–
Seat 10
Established on October 20, 1978 by 92 Stat. 1629
Ervin NC 1980–1999
Duncan NC 2003–
Seat 11
Established on July 10, 1984 by 98 Stat. 333
Sneeden DC 1984–1986
Wilkins SC 1986–2007
Diaz NC 2010–
Seat 12
Established on December 1, 1990 by 104 Stat. 5089
Hamilton SC 1991–1999
Shedd SC 2002–
Seat 13
Established on December 1, 1990 by 104 Stat. 5089
Luttig VA 1991–2006
Agee VA 2008–
Seat 14
Established on December 1, 1990 by 104 Stat. 5089
Motz MD 1994–
Seat 15
Established on December 1, 1990 by 104 Stat. 5089
Gregory VA 2000–

Practice in the 4th Circuit

The Fourth is the most efficient circuit, taking an average of just over seven months to resolve each appeal.

The Chief Justice is always assigned to the Fourth Circuit as the circuit advisory justice, due to Richmond's close proximity to Washington, D.C.

The Fourth Circuit is considered an extremely collegial court. By tradition, the Judges of the Fourth Circuit come down from the bench following each oral argument to greet the lawyers.[6]

See also

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

References

  1. ^ a b c "U. S. Court of Appeals for the Fourth Circuit". Official website of the Federal Judicial Center. http://www.fjc.gov/history/home.nsf/usca_04_frm?OpenFrameSet. Retrieved June 1, 2005. 
  2. ^ a b "Fourth Circuit Judges". Official website of the United States Court of Appeals for the Fourth Circuit. http://www.ca4.uscourts.gov/Judges.htm. Retrieved June 1, 2005. 
  3. ^ Recess appointment by Bill Clinton, re-appointed by George W. Bush and confirmed by the United States Senate at a later date.
  4. ^ Bond was appointed as a circuit judge for the Fourth Circuit in 1870 by Ulysses S. Grant. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Fourth Circuit.
  5. ^ a b Recess appointment, confirmed by the United States Senate at a later date.
  6. ^ http://www.shapirosher.com/news/JudgePaulNiemeyer.htm

External links