United States Court of Appeals for the First Circuit

United States Court of Appeals for the First Circuit
United States Court of Appeals for the First Circuit
(1st Cir.)
Seal of the United States Court of Appeals for the First Circuit
Location John Joseph Moakley United States Courthouse
Boston, Massachusetts
Appeals from
Established June 16, 1891
Chief judge Sandra Lynch
Active judges 6
Senior judges 3 & Retired Associate Justice of the Supreme Court David Souter
Official site

The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:

  • District of Maine
  • District of Massachusetts
  • District of New Hampshire
  • District of Puerto Rico
  • District of Rhode Island

The court is based at the John Joseph Moakley Federal Courthouse in Boston, Massachusetts. Most sittings are held in Boston, but the court sits for two weeks each year in Old San Juan, Puerto Rico and occasionally at other locations within the circuit.

With six active and three senior judges, the First Circuit is the smallest of the thirteen United States courts of appeals. Since retiring as an active Justice of the United States Supreme Court, Associate Justice David Souter has sat on the First Circuit by designation in several cases.

Contents

Current composition of the court

Active

As of March 17, 2010 (2010 -03-17), the active judges on the court are as follows[1]:

# Judge Duty station[2] Born Appointed Chief Appointed by
27 Sandra Lynch Boston, MA 1946 1995 2008–  Clinton
21 Juan R. Torruella San Juan, PR 1933 1984 19942001 Reagan
25 Michael Boudin Boston, MA 1939 1992 20012008 G.H.W. Bush
28 Kermit Lipez Portland, ME 1941 1998 —— Clinton
29 Jeffrey R. Howard Concord, NH 1955 2002 —— G.W. Bush
30 O. Rogeriee Thompson Providence, RI 1951 2010 —— Obama

Judge Kermit Lipez has announced that he will assume senior status on Dec 31, 2011 or when his successor is confirmed.

Senior

Three judges currently serve on the court on senior status.[1] Additionally, Retired Supreme Court Justice David Souter frequently sits by designation.[3]

# Judge Duty station[2] Born Active service Chief Senior
since
Appointed by
18 Levin H. Campbell (inactive) 1927 19721992 19831990 1992 Nixon
22 Bruce M. Selya Providence, RI 1934 19862006 —— 2006 Reagan
23 Conrad K. Cyr (inactive) 1931 19891997 —— 1997 G.H.W. Bush
26 Norman H. Stahl Boston, MA 1931 1992-2001 —— 2001 G.H.W. Bush

List of former judges

Twenty-one judges have served on the 1st Circuit Court of Appeals, but no longer do[1]:

# Judge
State
Born/Died
Active
Chief
Senior
Appointed by
Reason for
termination
1 Colt, LeBaron B.LeBaron B. Colt RI 18461924 18911913 —— —— Arthur[4] resignation
2 Putnam, William LeBaronWilliam LeBaron Putnam ME 18351918 18921917 —— —— Harrison, B.B. Harrison retirement
3 Lowell, Francis CabotFrancis Cabot Lowell MA 18551911 19051911 —— —— T. RooseveltT. Roosevelt death
4 Schofield, WilliamWilliam Schofield MA 18571912 19111912 —— —— Taft, Taft death
5 Dodge, FredericFrederic Dodge MA 18471927 19121918 —— —— Taft, Taft resignation
6 Bingham, George HutchinsGeorge Hutchins Bingham NH 18641949 19131939 —— 19391949 Wilson, Wilson death
7 Johnson, Charles FletcherCharles Fletcher Johnson ME 18591930 19171929 —— 19291930 Wilson, Wilson death
8 Anderson, George WestonGeorge Weston Anderson MA 18611938 19181931 —— 19311938 Wilson, Wilson death
9 Wilson, ScottScott Wilson ME 18701942 19291940 —— 19401942 Hoover, Hoover death
10 Morton, Jr., James MadisonJames Madison Morton, Jr. MA 18691940 19321939 —— 19391940 Hoover, Hoover death
11 Magruder, CalvertCalvert Magruder MA 18931968 19391959 19481959 19591968 Roosevelt, F.F. Roosevelt death
12 Mahoney, John ChristopherJohn Christopher Mahoney RI 18821952 19401950 —— 19501952 Roosevelt, F.F. Roosevelt death
13 Woodbury, PeterPeter Woodbury NH 18991970 19411964 19591964 19641970 Roosevelt, F.F. Roosevelt death
14 Hartigan, John PatrickJohn Patrick Hartigan RI 18871968 19501965 —— 19651968 Truman Truman death
15 Aldrich, BaileyBailey Aldrich MA 19072002 19591972 19651972 19722002 Eisenhower, Eisenhower death
16 McEntee, Edward MatthewEdward Matthew McEntee RI 19061981 19651976 —— 19761981 Johnson, L.L. Johnson death
17 Coffin, Frank M.Frank M. Coffin ME 19192009 19651989 19721983 19892009 Johnson, L.L. Johnson death
19 Bownes, Hugh HenryHugh Henry Bownes NH 19202003 19771990 —— 19902003 Carter, Carter death
20 Breyer, StephenStephen Breyer MA 1938 19801994 19901994 —— Carter, Carter elevation to Supreme Court
24 Souter, DavidDavid Souter NH 1939 1990 —— —— Bush, G.H.W.G.H.W. Bush elevation to Supreme Court

Chief judges

Chief Judges
Magruder 19481959
Woodbury 19591964
Aldrich 19651972
Coffin 19721983
Campbell 19831990
Breyer 19901994
Torruella 19942001
Boudin 20012008
Lynch

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 six 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 First Circuit
Reassigned on June 16, 1891 to the United States Circuit Court of Appeals for the First Circuit by the Judiciary Act of 1891
Colt RI 18911913
Bingham NH 19131939
Magruder MA 19391959
Aldrich MA 19591972
Campbell MA 19721992
Boudin MA 1992present
Seat 2
Established on June 16, 1891 by the Judiciary Act of 1891
Putnam ME 18921917
Johnson ME 19171929
Wilson ME 19291940
Woodbury NH 19411964
McEntee RI 19651976
Bownes NH 19771990
Souter NH 19901990
Stahl NH 19922001
Howard NH 2002present
Seat 3
Established on January 21, 1905 by 33 Stat611
Lowell MA 19051911
Schofield MA 19111912
Dodge MA 19121918
Anderson MA 19181931
Morton MA 19321939
Mahoney RI 19401950
Hartigan RI 19501965
Coffin ME 19651989
Cyr ME 19891997
Lipez ME 1998present
Seat 4
Established on October 20, 1978 by 92 Stat1629
Breyer MA 19801994
Lynch MA 1995present
Seat 5
Established on July 10, 1984 by 98 Stat333
Torruella PR 1984present
Seat 6
Established on July 10, 1984 by 98 Stat333
Selya RI 19862006
Thompson RI 2010present

Notable decisions

  • West v. Randall (1820), one of the first decisions setting precedent for class action suits

See also

  • Federal judicial appointment history#First Circuit
  • Courts of the United States
  • List of United States federal courthouses in the First Circuit

References

Specific
  1. ^ a b c "U. S. Court of Appeals for the First Circuit". Official website of the Federal Judicial Center. Archived from the original on December 31, 2004. http://web.archive.org/web/20041231131050/http://www.fjc.gov/history/home.nsf/usca_01_frm?OpenFrameSet. Retrieved May 29, 2005. 
  2. ^ a b "Judges". Official website of the United States Court of Appeals for the First Circuit. http://www.ca1.uscourts.gov/judges.htm. Retrieved July 1, 2004. 
  3. ^ http://www.ca1.uscourts.gov/files/calendar/calendar.pdf
  4. ^ Colt was appointed as a circuit judge for the First Circuit in 1884 by Chester A. Arthur. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the First Circuit.
General
  • Dargo, George (1993). A History of the United States Court of Appeals for the First Circuit: Volume I, 18911960. 

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