- United States Court of Appeals for the Fourth Circuit
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Coordinates: 37°32′16″N 77°26′05″W / 37.53769°N 77.43481°W
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:
- District of Maryland
- Eastern District of North Carolina
- Middle District of North Carolina
- Western District of North Carolina
- District of South Carolina
- Eastern District of Virginia
- Western District of Virginia
- Northern District of West Virginia
- Southern District of West Virginia
Lewis F. Powell, Jr. Courthouse
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
sinceAppointed 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
termination1 Hugh Lennox Bond MD 1828–1893 1891–1893 —— —— Grant[4] death 2 Nathan Goff, Jr. WV 1843–1920 1892–1913 —— —— B. Harrison resignation 3 Charles Henry Simonton SC 1829–1904 1893–1904 —— —— Cleveland death 4 Jeter Connelly Pritchard NC/DC 1857–1921 1904–1921 —— —— T. Roosevelt death 5 Charles Albert Woods SC 1852–1925 1913–1925 —— —— Wilson death 6 Edmund Waddill, Jr. VA 1855–1931 1921–1931 —— —— Harding death 7 John Carter Rose MD 1861–1927 1922–1927 —— —— Harding death 8 John J. Parker NC 1885–1958 1925–1958 1948–1958 —— Coolidge death 9 Elliott Northcott WV 1869–1946 1927–1939 —— 1939–1946 Coolidge death 10 Morris Ames Soper[5] MD 1873–1963 1931–1955 —— 1955–1963 Hoover death 11 Armistead Mason Dobie[5] VA 1881–1962 1939–1956 —— 1956–1962 F. Roosevelt death 12 Simon E. Sobeloff MD 1894–1973 1956–1970 1958–1964 1970–1973 Eisenhower death 13 Clement Haynsworth SC 1912–1989 1957–1981 1964–1981 1981–1989 Eisenhower death 14 Herbert Stephenson Boreman WV 1897–1982 1959–1971 —— 1971–1982 Eisenhower death 15 Albert V. Bryan Jr. VA 1899–1984 1961–1972 —— 1972–1984 Kennedy death 16 J. Spencer Bell NC 1906–1967 1961–1967 —— —— Kennedy death 17 Harrison Lee Winter MD 1921–1990 1966–1990 1981–1989 1990–1990 L. Johnson death 18 James Braxton Craven, Jr. NC 1918–1977 1966–1977 —— —— L. Johnson death 19 John D. Butzner, Jr. VA 1917–2006 1967–1982 —— 1982–2006 L. Johnson death 20 Donald Stuart Russell SC 1906–1998 1971–1998 —— —— Nixon death 21 John A. Field, Jr. WV 1910–1995 1971–1976 —— 1976–1995 Nixon death 22 H. Emory Widener, Jr. VA 1923–2007 1972–2007 —— 2007 Nixon death 23 Kenneth Keller Hall WV 1918–1999 1976–1998 —— 1998–1999 Ford death 25 Francis Dominic Murnaghan, Jr. MD 1920–2000 1979–2000 —— —— Carter death 26 James Marshall Sprouse WV 1923–2004 1979–1992 —— 1992–1995 Carter retirement 27 Samuel James Ervin III NC 1926–1999 1980–1999 1989–1996 —— Carter death 30 Emory M. Sneeden DC 1927–1987 1984–1986 —— —— Reagan resignation 31 William Walter Wilkins SC 1942– 1986–2007 2003–2007 2007–2008 Reagan retirement 34 J. Michael Luttig VA 1954– 1991–2006 —— —— G.H.W. Bush resignation 35 Karen J. Williams SC 1951– 1992–2009 2007–2009 —— G.H.W. Bush retirement 36 M. Blane Michael WV 1943–2011 1993–2011 —— —— 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
- Federal judicial appointment history#Fourth Circuit
References
- ^ 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.
- ^ 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.
- ^ Recess appointment by Bill Clinton, re-appointed by George W. Bush and confirmed by the United States Senate at a later date.
- ^ 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.
- ^ a b Recess appointment, confirmed by the United States Senate at a later date.
- ^ http://www.shapirosher.com/news/JudgePaulNiemeyer.htm
External links
United States courts of appeals 
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