United States circuit court
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The United States circuit courts were the original intermediate level courts of the United States federal court system. They were established by the Judiciary Act of 1789. They had trial court jurisdiction over civil suits of diversity jurisdiction and major federal crimes. They also had appellate jurisdiction over the United States district courts. The Judiciary Act of 1891 (26 Stat. 826, also known as the Evarts Act) transferred their appellate jurisdiction to the newly created United States circuit courts of appeals, which are now known as the United States courts of appeals. On January 1, 1912, the effective date of the Judicial Code of 1911, the circuit courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. district courts.
During the 100 years that the Justices of the U.S. Supreme Court "rode circuit", many justices complained about the effort required.[1] Riding circuit took a great deal of time (about half of the year) and was both physically demanding and dangerous. However, "members of Congress held firm to the belief that circuit riding benefited the justices and the populace, and they turned a deaf ear to the corps of justices that desired to abolish the practice."[1]
The Judiciary Act of 1869 established a separate circuit court (and allowed the hiring of judges specifically to handle the cases) but the act required that Supreme Court justices had to ride circuit once every two years. However, this came to a final end in 1891 when the Circuit Courts of Appeals Act (Evarts Act) was passed.[1]
The net result of riding circuit was that, in many cases which ended up before the Supreme Court, a member of the Supreme Court had already heard the case and issued a ruling. In a real sense, the Supreme Court was, in such cases, acting as an en banc panel; i.e. hearing a case upon which one of their members had already passed judgment.
Organization
Although the federal judicial districts were grouped into circuits, the circuit courts convened separately in each district and were designated by the name of the district (for example, the "U.S. Circuit Court for the District of Massachusetts"), not by the name or number of the circuit. The designation of circuits served only for the purpose of designating the districts in which a particular Supreme Court Justice, and later a circuit judge, would sit on the circuit court. The circuit court districts were usually, but not always, the same as the districts established for the district courts.
Each circuit court was composed initially of two Supreme Court justices and the district judge of the district, although in 1793 Congress provided that a quorum of one justice and one district judge could hold a court. After 1802, only one justice was assigned to each circuit, and a quorum could consist of a single justice or judge. This "circuit riding" arrangement meant that the Supreme Court justices spent the majority of the year traveling to each district within their circuit to conduct trials, and spent far less time assembled at the capital to hear appeals. The burden of circuit riding was somewhat alleviated by the appointment of circuit judges under the Circuit Judges Act of 1869, but not abolished until the creation of the intermediate courts of appeals in 1891.
In 1801, Congress created the United States Circuit Court of the District of Columbia, a "circuit court" for the District of Columbia. This court had the same original jurisdiction and powers as the United States circuit courts but, unlike those courts, it continued to have its own judges even after the repeal of the Judiciary Act of 1801, and had appellate jurisdiction over justices of the peace and other "local" courts of the District. The District of Columbia was not enumerated among the federal "circuits" at the time. This court was abolished in 1863.
Judges
Although any district court judge could be authorized to act as a circuit judge, only fifty judges solely designated as circuit court judges were ever appointed. These can be broadly categorized into four groups:
- Judges appointed pursuant to the Midnight Judges Act on or after February 20, 1801, and thereafter removed from office with the repeal of that Act on July 1, 1802.
- Judges appointed to the D.C. Circuit, abolished on March 3, 1863
- Judges appointed after 1869 pursuant to the Circuit Judges Act of 1869; those in office on June 16, 1891 were transferred to the newly created United States courts of appeals by operation of law, that is, without action on the part of the President.
- One judge appointed to the California circuit, established in 1855 and abolished on March 3, 1863.
Three circuit court judges, Samuel M. Blatchford, David Josiah Brewer, and William Burnham Woods, were later appointed to the Supreme Court.
Circuit court judges appointed pursuant to the Midnight Judges Act
Judge[2] | Circuit | Began service | Ended service | Appointed by |
---|---|---|---|---|
Bassett, RichardRichard Bassett | Third | February 20, 1801 | July 1, 1802 | Adams, JohnJohn Adams |
Bee, ThomasThomas Bee | Fifth | Declined | – | Adams, JohnJohn Adams (as chief judge)[3] |
Benson, EgbertEgbert Benson | Second | February 20, 1801 | July 1, 1802 | Adams, JohnJohn Adams (as chief judge)[4] |
Bourne, BenjaminBenjamin Bourne | First | February 20, 1801 | July 1, 1802 | Adams, JohnJohn Adams |
Clay, JosephJoseph Clay | Fifth | Declined | – | Adams, JohnJohn Adams |
Griffith, WilliamWilliam Griffith | Third | February 20, 1801 | July 1, 1802 | Adams, JohnJohn Adams |
Hall, DominicDominic Hall | Fifth | July 1, 1801 Recess |
July 1, 1802 | Jefferson, ThomasThomas Jefferson |
Harris, EdwardEdward Harris | Fifth | May 3, 1802 | July 1, 1802 | Jefferson, ThomasThomas Jefferson |
Hitchcock, SamuelSamuel Hitchcock | Second | February 20, 1801 | July 1, 1802 | Adams, JohnJohn Adams |
Ingersoll, JaredJared Ingersoll | Third | Declined | – | Adams, JohnJohn Adams (as chief judge)[4] |
Key, PhilipPhilip Key | Fourth | February 20, 1801 | July 1, 1802 | Adams, JohnJohn Adams (as chief judge)[5] |
Lee, CharlesCharles Lee | Fourth | Declined | – | Adams, JohnJohn Adams (as chief judge)[4] |
Lowell, JohnJohn Lowell | First | February 20, 1801 | May 6, 1802 | Adams, JohnJohn Adams (as chief judge)[4] |
Magill, CharlesCharles Magill | Fourth | March 3, 1801 | July 1, 1802 | Adams, JohnJohn Adams |
McClung, WilliamWilliam McClung | Sixth | February 20, 1801 | July 1, 1802 | Adams, JohnJohn Adams |
Potter, HenryHenry Potter | Fifth | May 9, 1801 Recess |
April 7, 1802 | Jefferson, ThomasThomas Jefferson |
Sitgreaves, JohnJohn Sitgreaves | Fifth | Declined | – | Adams, JohnJohn Adams |
Smith, JeremiahJeremiah Smith | First | February 20, 1801 | July 1, 1802 | Adams, JohnJohn Adams |
Taylor, GeorgeGeorge Taylor | Fourth | February 20, 1801 | July 1, 1802 | Adams, JohnJohn Adams |
Tilghman, WilliamWilliam Tilghman | Third | March 3, 1801 | July 1, 1802 | Adams, JohnJohn Adams (as chief judge)[6] |
Wolcott, OliverOliver Wolcott | Second | February 20, 1801 | July 1, 1802 | Adams, JohnJohn Adams |
Judges of the D.C. Circuit
Judge | Circuit | Began service | Ended service | Appointed by |
---|---|---|---|---|
Cranch, WilliamWilliam Cranch | D.C. | February 28, 1801 | February 24, 1806 | Adams, JohnJohn Adams |
February 24, 1806 | September 1, 1855 | Jefferson, ThomasThomas Jefferson (as chief judge)[note 1] | ||
Duckett, AllenAllen Duckett | D.C. | March 17, 1806 | July 19, 1809 | Jefferson, ThomasThomas Jefferson |
Dunlop, JamesJames Dunlop | D.C. | October 3, 1845 Recess |
November 27, 1855 | Polk, JamesJames Polk |
November 27, 1855 Recess |
March 3, 1863 | Pierce, FranklinFranklin Pierce (as chief judge)[note 1] | ||
Fitzhugh, NicholasNicholas Fitzhugh | D.C. | November 25, 1803 | December 31, 1814 | Jefferson, ThomasThomas Jefferson |
Johnson, ThomasThomas Johnson | D.C. | Declined | – | Adams, JohnJohn Adams (as chief judge)[7] |
Kilty, WilliamWilliam Kilty | D.C. | March 23, 1801 Recess |
January 27, 1806 | Jefferson, ThomasThomas Jefferson (as chief judge) |
Marshall, JamesJames Marshall | D.C. | March 3, 1801 | November 16, 1803 | Adams, JohnJohn Adams |
Merrick, WilliamWilliam Merrick | D.C. | December 14, 1855 | March 3, 1863 | Pierce, FranklinFranklin Pierce |
Morsell, JamesJames Morsell | D.C. | January 11, 1815 | March 3, 1863 | Madison, JamesJames Madison |
Thruston, BucknerBuckner Thruston | D.C. | December 14, 1809 | August 30, 1845 | Madison, JamesJames Madison |
Circuit court judges appointed pursuant to the 1869 Act
Judge | Circuit | Began service | Ended service | Appointed by |
---|---|---|---|---|
Acheson, MarcusMarcus Acheson | Third | February 3, 1891 | June 16, 1891[note 2] | Harrison, BenjaminBenjamin Harrison |
Baxter, JohnJohn Baxter | Sixth | December 13, 1877 | April 2, 1886 | Hayes, RutherfordRutherford Hayes |
Blatchford, SamuelSamuel Blatchford | Second | March 4, 1878 | March 22, 1882 | Hayes, RutherfordRutherford Hayes |
Bond, HughHugh Bond | Fourth | July 13, 1870 | June 16, 1891[note 2] | Grant, UlyssesUlysses Grant |
Brewer, DavidDavid Brewer | Eighth | March 31, 1884 | December 18, 1889 | Arthur, ChesterChester Arthur |
Caldwell, HenryHenry Caldwell | Eighth | March 4, 1890 | June 16, 1891[note 2] | Harrison, BenjaminBenjamin Harrison |
Colt, LeBaronLeBaron Colt | First | July 5, 1884 | June 16, 1891[note 2] | Arthur, ChesterChester Arthur |
Dillon, JohnJohn Dillon | Eighth | December 22, 1869 | September 1, 1879 | Grant, UlyssesUlysses Grant |
Drummond, ThomasThomas Drummond | Seventh | December 22, 1869 | July 18, 1884 | Grant, UlyssesUlysses Grant |
Emmons, HalmerHalmer Emmons | Sixth | January 17, 1870 | May 14, 1877 | Grant, UlyssesUlysses Grant |
Gresham, WalterWalter Gresham | Seventh | October 28, 1884 Recess |
June 16, 1891[note 2] | Arthur, ChesterChester Arthur |
Jackson, HowellHowell Jackson | Sixth | April 12, 1886 | June 16, 1891[note 2] | Cleveland, GroverGrover Cleveland |
Johnson, AlexanderAlexander Johnson | Second | October 25, 1875 Recess |
January 26, 1878 | Grant, UlyssesUlysses Grant |
Lacombe, EmileEmile Lacombe | Second | May 26, 1887 Recess |
June 16, 1891[note 2] | Cleveland, GroverGrover Cleveland |
Lowell, JohnJohn Lowell | First | December 18, 1878 | May 1, 1884 | Hayes, RutherfordRutherford Hayes |
McCrary, GeorgeGeorge McCrary | Eighth | December 9, 1879 | March 18, 1884 | Hayes, RutherfordRutherford Hayes |
McKennan, WilliamWilliam McKennan | Third | December 22, 1869 | January 3, 1891 | Grant, UlyssesUlysses Grant |
Pardee, DonDon Pardee | Fifth | May 13, 1881 | June 16, 1891[note 2] | Garfield, JamesJames Garfield |
Sawyer, LorenzoLorenzo Sawyer | Ninth | January 10, 1870 | June 16, 1891[note 2] | Grant, UlyssesUlysses Grant |
Shepley, GeorgeGeorge Shepley | First | December 22, 1869 | July 20, 1878 | Grant, UlyssesUlysses Grant |
Wallace, WilliamWilliam Wallace | Second | April 16, 1882 | June 16, 1891[note 2] | Arthur, ChesterChester Arthur |
Woodruff, LewisLewis Woodruff | Second | December 22, 1869 | September 10, 1875 | Grant, UlyssesUlysses Grant |
Woods, WilliamWilliam Woods | Fifth | December 22, 1869 | December 23, 1880 | Grant, UlyssesUlysses Grant |
Circuit court judge of California
Judge | Circuit | Began service | Ended service | Appointed by |
---|---|---|---|---|
McAllister, MatthewMatthew McAllister | California | March 3, 1855 | January 12, 1863 | Pierce, FranklinFranklin Pierce |
See also
Notes
- 1 2 Because of the unique structure of the United States Circuit Court for the District of Columbia, the elevation of a sitting judge of the Court to chief judge of the Court is considered a separate appointment.
- 1 2 3 4 5 6 7 8 9 10 Transferred to the corresponding Court of Appeals by operation of law.
References
- 1 2 3 Glick, Joshua (April 2003). "Comment: On the Road: The Supreme Court and the History of Circuit Riding" (PDF). Cardozo Law Review.
- ↑ After Midnight: The Circuit Judges and the Repeal of the Judiciary Act of 1801
- ↑ From John Adams to United States Senate, 21 February 1801
- 1 2 3 4 From John Adams to United States Senate, 18 February 1801
- ↑ From John Adams to United States Senate, 25 February 1801
- ↑ From John Adams to United States Senate, 26 February 1801
- ↑ From John Adams to United States Senate, 28 February 1801