United States Court of Appeals for the Second Circuit

United States Court of Appeals for the Second Circuit
(2d Cir.)

Thurgood Marshall United States Courthouse at 40 Centre Street.
Location Thurgood Marshall United States Courthouse
New York City
Appeals from
Established June 16, 1891
Chief judge Robert A. Katzmann
Active judges 13
Senior judges 11
Circuit justice Ruth Bader Ginsburg
Official website

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 has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square, and certain court offices temporarily relocated to the Woolworth Building at 233 Broadway.[1]

Current composition of the court

Daniel Patrick Moynihan United States Courthouse at 500 Pearl Street; the court's former temporary home.

With 11 active and 11 senior judges, the Second Circuit is midsized among the thirteen United States courts of appeals.

As of September 5, 2016, the active judges on the court are as follows:[2][3] Eleven former circuit judges continue to serve on senior status:

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
59 Chief Judge Robert Katzmann New York, NY 1953 1999–present 2013–present — Clinton
50 Circuit Judge Dennis Jacobs New York, NY 1944 1992–present 2006–2013 — G.H.W. Bush
53 Circuit Judge José A. Cabranes New Haven, CT 1940 1994–present — — Clinton
55 Circuit Judge Rosemary S. Pooler Syracuse, NY 1938 1998–present — — Clinton
61 Circuit Judge Reena Raggi Brooklyn, NY 1951 2002–present — — G.W. Bush
63 Circuit Judge Peter W. Hall Rutland, VT 1948 2004–present — — G.W. Bush
64 Circuit Judge Debra Ann Livingston New York, NY 1959 2007–present — — G.W. Bush
66 Circuit Judge Denny Chin New York, NY 1954 2010–present — — Obama
67 Circuit Judge Raymond Lohier New York, NY 1965 2010–present — — Obama
68 Circuit Judge Susan L. Carney New Haven, CT 1951 2011–present — — Obama
69 Circuit Judge Christopher F. Droney Hartford, CT 1954 2011–present — — Obama
70 Circuit Judge vacant — — — — — —
71 Circuit Judge vacant — — — — — —
39 Senior Judge Jon O. Newman Hartford, CT 1932 1979–1997 1993–1997 1997–present Carter
40 Senior Judge Amalya Lyle Kearse New York, NY 1937 1979–2002 — 2002–present Carter
43 Senior Judge Ralph K. Winter Jr. New Haven, CT 1935 1981–2000 1997–2000 2000–present Reagan
48 Senior Judge John M. Walker Jr. New Haven, CT 1940 1989–2006 2000–2006 2006–present G.H.W. Bush
51 Senior Judge Pierre N. Leval New York, NY 1936 1993–2002 — 2002–present Clinton
52 Senior Judge Guido Calabresi New Haven, CT 1932 1994–2009 — 2009–present Clinton
56 Senior Judge Chester J. Straub inactive[4] 1937 1998–2008 — 2008–present Clinton
57 Senior Judge Robert D. Sack New York, NY 1939 1998–2009 — 2009–present Clinton
60 Senior Judge Barrington Daniels Parker Jr. New York, NY 1944 2001–2009 — 2009–present G.W. Bush
62 Senior Judge Richard C. Wesley Geneseo, NY 1949 2003–2016 — 2016–present G.W. Bush
65 Senior Judge Gerard E. Lynch New York, NY 1951 2009–2016 — 2016–present Obama

Vacancies and pending nominations

Seat Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination
6 Richard C. Wesley Senior Status August 1, 2016 – –
8 Gerard E. Lynch Senior Status September 5, 2016 – –

List of former judges

Forty six judges used to serve on the court, but no longer do:

# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 Wallace, William JamesWilliam James Wallace NY 1837–1917 1891–1907[Note 1] — — Arthur, Arthur retirement
2 Lacombe, Emile HenryEmile Henry Lacombe NY 1846–1924 1891–1916[Note 2] — — Cleveland, Cleveland 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 NY 1851–1933 1907–1921[5] — 1921–1924 Roosevelt, T.T. Roosevelt retirement
7 Noyes, Walter ChadwickWalter Chadwick Noyes CT 1865–1926 1907–1913[5] — — 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 B.Harrie B. Chase VT 1889–1969 1929–1954 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, Robert P.Robert P. Patterson NY 1891–1952 1939–1940 — — Roosevelt, F.F. Roosevelt resignation
18 Frank, JeromeJerome Frank NY 1889–1957 1941–1957 — — Roosevelt, F.F. Roosevelt death
19 Medina, HaroldHarold Medina NY 1888–1990 1951–1958 — 1958–1980 Truman, Truman retirement
20 Hincks, Carroll C.Carroll C. 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 elevated to Supreme Court
22 Lumbard, Joseph EdwardJoseph Edward Lumbard NY 1901–1999 1955–1971 1959–1971 1971–1999 Eisenhower, Eisenhower death
23 Waterman, Sterry R.Sterry R. Waterman VT 1901–1984 1955–1970 — 1970–1984 Eisenhower, Eisenhower death
24 Moore, Leonard P.Leonard P. 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 R.Paul R. Hays NY 1903–1980 1962–1974 — 1974–1980 Kennedy, Kennedy death
29 Marshall, ThurgoodThurgood Marshall NY 1908–1993 1962–1965 — — Kennedy, Kennedy resignation
30 Anderson, Robert P.Robert P. Anderson CT 1906–1978 1964–1971 — 1971–1978 Johnson, L.L. Johnson death
31 Feinberg, WilfredWilfred Feinberg NY 1920–2014 1966–1991 1980–1988 1991–2014 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, EllsworthEllsworth 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
41 Cardamone, Richard J.Richard J. Cardamone NY 1925–2015 1981–1993 — 1993–2015 Reagan, Reagan death
42 Pierce, Lawrence W.Lawrence W. Pierce NY 1924–present 1981–1990 — 1990–1995 Reagan, Reagan retirement
44 Pratt, George C.George C. Pratt NY 1928–present 1982–1993 — 1993–1995 Reagan, Reagan retirement
45 Miner, RogerRoger Miner NY 1934–2012 1985–1997 — 1997–2012 Reagan, Reagan death
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
49 McLaughlin, Joseph M.Joseph M. McLaughlin NY 1933–2013 1990–1998 — 1998–2013 G.H.W. Bush, G.H.W. Bush death
54 Parker, Fred I.Fred I. Parker VT 1938–2003 1994–2003 — — Clinton, Clinton death
58 Sotomayor, SoniaSonia Sotomayor NY 1954–present 1998–2009 — — Clinton, Clinton elevated to Supreme Court
  1. ↑ Wallace was appointed as a circuit judge for the Second Circuit in 1882 by Chester A. Arthur. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Second Circuit.
  2. ↑ Lacombe was appointed as a circuit judge for the Second Circuit in 1887 by Grover Cleveland. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Second Circuit.

Chief judge

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 NY 1941–1957
Moore NY 1958–1971
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 1929–1954
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 2003–2016
vacant NY 2016–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 2009–2016
vacant NY 2016–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

See also

References

  1. ↑ "Facelift Scheduled for Federal Courthouse - The New York Sun". www.nysun.com. Retrieved 2016-06-18.
  2. ↑ "Standard Search". Federal Law Clerk Information System. Retrieved May 29, 2005.
  3. ↑ "Instructions for Judicial Directory". Website of the University of Texas Law School. Archived from the original on November 11, 2005. Retrieved July 4, 2005.
  4. ↑ http://www.newyorklawjournal.com/id=1202761358663/Straub-Stepping-Down-From-Bench-After-18-Years
  5. 1 2 Recess appointment, confirmed by the United States Senate at a later date.
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