- United States Court of Appeals for the Fifth Circuit
-
United States Court of Appeals for the Fifth Circuit
(5th Cir.)
Location John Minor Wisdom United States Court of Appeals Building
New Orleans, LouisianaAppeals from Established June 16, 1891 Chief judge Edith H. Jones Active judges 17 Senior judges 5 Official site The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
- Eastern District of Louisiana
- Middle District of Louisiana
- Western District of Louisiana
- Northern District of Mississippi
- Southern District of Mississippi
- Eastern District of Texas
- Northern District of Texas
- Southern District of Texas
- Western District of Texas
The court is composed of seventeen active judges and is based at the John Minor Wisdom United States Court of Appeals Building in New Orleans, Louisiana, with the clerk's office located at the F. Edward Hebert Federal Building in New Orleans.[1] It is one of thirteen United States courts of appeals.
Contents
History of the court
The John Minor Wisdom U.S. Courthouse, home of the Fifth Circuit, New Orleans.
This court was created by the Evarts Act on June 16, 1891, which moved the circuit judges and appellate jurisdiction from the Circuit Courts of the Fifth Circuit to this court. At the time of its creation, the Fifth Circuit covered Florida, Georgia, Alabama, Mississippi, Louisiana, and Texas.
On June 25, 1948, the Panama Canal Zone was added to the Fifth Circuit by 62 Stat. 870.
On October 1, 1981, under Public Law 96-452, the Fifth Circuit was split: Alabama, Georgia, and Florida were moved to the new Eleventh Circuit.
On March 31, 1982, the Fifth Circuit lost jurisdiction over the Panama Canal Zone as the Canal Zone transferred to Panamanian control.
The Fifth Circuit Four
During the late 1950s, Chief Judge Elbert Tuttle and his three colleagues John Minor Wisdom, John Brown, and Richard Rives became known as the "Fifth Circuit Four", or simply "The Four", for decisions crucial in advancing the civil rights of African-Americans. In this they were usually opposed by their fellow Fifth Circuit Judge Benjamin F. Cameron of Mississippi, until Cameron's death in 1964.[2]
Hurricane Katrina
Hurricane Katrina struck New Orleans on August 29, 2005, devastating the city and slightly damaging the John Minor Wisdom Courthouse. All deadlines concerning filings were extended. The court temporarily relocated its administrative operations to Houston, but the court has now returned to normal operations in New Orleans.
Current composition of the court
As of October 2011, the active judges on the court are as follows (chief judge in bold)[3]:
# Judge Duty station[4][5] Born Appointed Chief Appointed by 63 Edith H. Jones Houston, TX 1949 1985 2006– Reagan 51 Carolyn Dineen King[6] Houston, TX 1938 1979 1999–2006 Carter 60 E. Grady Jolly Jackson, MS 1937 1982 —— Reagan 61 W. Eugene Davis Lafayette, LA 1936 1983 —— Reagan 64 Jerry Edwin Smith Houston, TX 1946 1987 —— Reagan 68 Emilio M. Garza San Antonio, TX 1947 1991 —— G.H.W. Bush 70 Fortunato Benavides Austin, TX 1947 1994 —— Clinton 71 Carl E. Stewart Shreveport, LA 1950 1994 —— Clinton 73 James L. Dennis New Orleans, LA 1936 1995 —— Clinton 74 Edith Brown Clement New Orleans, LA 1948 2001 —— G.W. Bush 75 Edward C. Prado San Antonio, TX 1947 2003 —— G.W. Bush 77 Priscilla Owen Austin, TX 1954 2005 —— G.W. Bush 78 Jennifer Walker Elrod Houston, TX 1966 2007 —— G.W. Bush 79 Leslie H. Southwick Jackson, MS 1950 2007 —— G.W. Bush 80 Catharina Haynes Dallas, TX 1963 2008 —— G.W. Bush 81 James E. Graves, Jr. Jackson, MS 1953 2011 —— Obama 82 Stephen A. Higginson New Orleans, LA 1961 2011 —— Obama Senior
Five judges serve on senior status[3]:
# Judge Duty station[4][5] Born Active service Chief Senior
sinceAppointed by 53 Thomas Morrow Reavley Houston, TX 1921 1979–1990 —— 1990– Carter 59 Patrick Higginbotham Austin, TX 1938 1982–2006 —— 2006– Reagan 66 Rhesa Hawkins Barksdale Jackson, MS 1944 1990–2009 —— 2009– G.H.W. Bush 67 Jacques L. Wiener, Jr. New Orleans, LA 1934 1990–2010 —— 2010– G.H.W. Bush 69 Harold R. DeMoss, Jr. Houston, TX 1930 1991–2007 —— 2007– G.H.W. Bush List of former judges
Fifty-nine judges formerly served on the court but no longer do[3]:
# Judge State Born/Died Active Chief Senior Appointed by Reason for
termination1 Don Albert Pardee LA 1837–1919 1891–1919 —— —— [7] death 2 Andrew Phelps McCormick TX 1832–1916 1892–1916 —— —— B. Harrison death 3 David Davie Shelby AL 1847–1914 1899–1914 —— —— McKinley death 4 Richard Wilde Walker, Jr. AL 1857–1936 1914–1930 —— 1930–1936 Wilson death 5 Robert Lynn Batts TX 1864–1935 1917–1919 —— —— Wilson resignation 6 Nathan P. Bryan FL 1872–1935 1920–1935 —— —— Wilson death 7 Alexander Campbell King GA 1856–1926 1920–1924 —— —— Wilson resignation 8 Rufus Edward Foster LA 1871–1942 1925–1942 —— —— Coolidge death 9 Samuel Hale Sibley GA 1873–1958 1931–1949 —— 1949–1958 Hoover death 10 Joseph Chappell Hutcheson, Jr. TX 1879–1973 1931–1964 1948–1959 1964–1973 Hoover death 11 Edwin Ruthven Holmes MS 1878–1961 1936–1954 —— 1954–1961 F. Roosevelt death 12 Leon Clarence McCord AL 1878–1952 1938–1951 —— 1951–1952 F. Roosevelt death 13 Curtis Longino Waller FL 1887–1950 1943–1950 —— —— F. Roosevelt death 14 Elmo Pearce Lee LA 1882–1949 1943–1949 —— —— F. Roosevelt death 15 Wayne G. Borah LA 1891–1966 1949–1956 —— 1956–1966 Truman death 16 Robert Lee Russell GA 1900–1955 1949–1955 —— —— Truman death 17 Louie Willard Strum FL 1890–1954 1950–1954 —— —— Truman death 18 Richard Rives AL 1895–1982 1951–1966 1959–1960 1966–1981 Truman reassignment to 11th Circuit 19 Elbert Tuttle GA 1897–1996 1954–1968 1960–1967 1968–1981 Eisenhower reassignment to 11th Circuit 20 Benjamin Franklin Cameron MS 1890–1964 1955–1964 —— —— Eisenhower death 21 Warren Leroy Jones FL 1895–1993 1955–1966 —— 1966–1981 Eisenhower reassignment to 11th Circuit 22 John Robert Brown TX 1909–1984 1955–1984 1967–1979 1984–1993 Eisenhower death 23 John Minor Wisdom LA 1905–1999 1957–1977 —— 1977–1999 Eisenhower death 24 Griffin Bell GA 1918–2009 1961[8]–1976 —— —— Kennedy resignation 25 Walter Pettus Gewin AL 1908–1981 1961[8]–1976 —— 1976–1981 Kennedy death 26 William Homer Thornberry TX 1909–1995 1965–1978 —— 1978–1995 L. Johnson death 27 James Plemon Coleman MS 1914–1991 1965–1981 1979–1981 1981–1984 L. Johnson resignation 28 Robert Andrew Ainsworth, Jr. LA 1910–1981 1966–1981 —— —— L. Johnson death 29 John Cooper Godbold AL 1920–2009 1966–1981 1981–1981 —— L. Johnson reassignment to 11th Circuit 30 Irving Loeb Goldberg TX 1906–1995 1966–1980 —— 1980–1995 L. Johnson death 31 David William Dyer FL 1910–1998 1966–1976 —— 1976–1981 L. Johnson reassignment to 11th Circuit 32 John Milton Bryan Simpson FL 1903–1987 1966–1975 —— 1975–1981 L. Johnson reassignment to 11th Circuit 33 Claude Feemster Clayton MS 1909–1969 1967–1969 —— —— L. Johnson death 34 Lewis Render Morgan GA 1913–2001 1968–1978 —— 1978–1981 L. Johnson reassignment to 11th Circuit 35 Harold Carswell FL 1919–1992 1969–1970 —— —— Nixon resignation 36 Charles Clark MS 1925–2011 1969–1992 1981–1992 —— Nixon retirement 37 Joe McDonald Ingraham TX 1903–1990 1969–1973 —— 1973–1990 Nixon death 38 Paul Hitch Roney FL 1921–2006 1970–1981 —— —— Nixon reassignment to 11th Circuit 39 Thomas Gibbs Gee TX 1925–1994 1973–1991 —— —— Nixon retirement 40 Gerald Bard Tjoflat FL 1929– 1975–1981 —— —— Ford reassignment to 11th Circuit 41 James Clinkscales Hill GA 1924– 1976–1981 —— —— Ford reassignment to 11th Circuit 42 Peter Thorp Fay FL 1929– 1976–1981 —— —— Ford reassignment to 11th Circuit 43 Alvin Benjamin Rubin LA 1920–1991 1977–1989 —— 1989–1991 Carter death 44 Robert Smith Vance AL 1931–1989 1977–1981 —— —— Carter reassignment to 11th Circuit 45 Phyllis A. Kravitch GA 1920– 1979–1981 —— —— Carter reassignment to 11th Circuit 46 Frank Minis Johnson AL 1918–1999 1979–1981 —— —— Carter reassignment to 11th Circuit 47 R. Lanier Anderson III GA 1936– 1979–1981 —— —— Carter reassignment to 11th Circuit 48 Reynaldo Guerra Garza TX 1915–2004 1979–1982 —— 1982–2004 Carter death 49 Joseph Woodrow Hatchett FL 1932– 1979–1981 —— —— Carter reassignment to 11th Circuit 50 Albert John Henderson GA 1920–1999 1979–1981 —— —— Carter reassignment to 11th Circuit 52 Henry Anthony Politz LA 1932–2002 1979–1999 1992–1999 1999–2002 Carter death 54 Samuel D. Johnson, Jr. TX 1920–2002 1979–1991 —— 1991–2002 Carter death 55 Albert Tate, Jr. LA 1920–1986 1979–1986 —— —— Carter death 56 Thomas Alonzo Clark GA 1920–2005 1979–1981 —— —— Carter reassignment to 11th Circuit 57 Jerre Stockton Williams TX 1916–1993 1980–1990 —— 1990–1993 Carter death 58 William Lockhart Garwood TX 1931–2011 1981–1997 —— 1997–2011 Reagan death 62 Robert Madden Hill TX 1928–1987 1984–1987 —— —— Reagan death 65 John Malcolm Duhé, Jr. LA 1933- 1988–1999 —— 1999–2011 Reagan retirement 72 Robert Manley Parker TX 1937– 1994–2002 —— —— Clinton retirement 76 Charles W. Pickering MS 1937– 2004[9]–2004 —— —— G.W. Bush retirement Chief judges
Chief Judge Hutcheson 1948–1959 Rives 1959–1960 Tuttle 1960–1967 Brown 1967–1979 Coleman 1979–1981 Godbold 1981–1981 C. Clark 1981–1992 Politz 1992–1999 C. King 1999–2006 Jones 2006– 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 had 29 seats for active judges. Twelve of these seats were reassigned to the United States Court of Appeals for the Eleventh Circuit, leaving a seventeen-seat court. The seats are 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 Fifth Circuit Reassigned to the United States Circuit Court of Appeals for the Fifth Circuit by the Judiciary Act of 1891 Pardee LA 1891–1919 A. King GA 1920–1924 Foster LA 1925–1942 Lee LA 1943–1949 Borah LA 1949–1956 Wisdom LA 1957–1977 Rubin LA 1977–1989 Barksdale MS 1990–2009 Graves MS 2011– Seat 2 Established on June 16, 1891 by the Judiciary Act of 1891 McCormick TX 1892–1916 Batts TX 1917–1919 Bryan FL 1920–1935 Holmes MS 1936–1954 Cameron MS 1955–1964 Coleman MS 1965–1981 Jolly MS 1982– Seat 3 Established on January 25, 1899 by 30 Stat. 803 Shelby AL 1899–1914 Walker AL 1914–1930 Sibley GA 1931–1949 Russell GA 1949–1955 Brown TX 1955–1984 R. Hill TX 1984–1987 Wiener LA 1990–2010 Higginson LA 2011– Seat 4 Established on June 10, 1930 by 46 Stat. 538 Hutcheson TX 1931–1964 Thornberry TX 1965–1978 R. Garza TX 1979–1982 Higginbotham TX 1982–2006 Elrod TX 2007– Seat 5 Established on May 31, 1938 by 52 Stat. 584 McCord AL 1938–1951 Rives AL 1951–1966 Godbold AL 1966–1981 Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994 Seat 6 Established on December 14, 1942 by 56 Stat. 1050 Waller FL 1943–1950 Strum FL 1950–1954 W. Jones FL 1955–1966 Dyer FL 1966–1976 Fay FL 1976–1981 Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994 Seat 7 Established on February 10, 1954 by 68 Stat. 8 Tuttle GA 1954–1968 Morgan GA 1968–1978 Kravitch GA 1979–1981 Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994 Seat 8 Established on May 19, 1961 by 75 Stat. 80 Bell GA 1961–1976 J. Hill GA 1976–1981 Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994 Seat 9 Established on May 19, 1961 by 75 Stat. 80 Gewin AL 1961–1976 Vance AL 1977–1981 Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994 Seat 10 Established as a temporary judgeship on March 18, 1966 by 80 Stat. 75 Made permanent on June 18, 1968 by 82 Stat. 184 Ainsworth LA 1966–1981 Davis LA 1983– Seat 11 Established as a temporary judgeship on March 18, 1966 by 80 Stat. 75 Made permanent on June 18, 1968 by 82 Stat. 184 Goldberg TX 1966–1980 Williams TX 1980–1990 DeMoss TX 1991–2007 Haynes TX 2008– Seat 12 Established as a temporary judgeship on March 18, 1966 by 80 Stat. 75 Made permanent on June 18, 1968 by 82 Stat. 184 Simpson FL 1966–1975 Tjoflat FL 1975–1981 Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994 Seat 13 Established as a temporary judgeship on March 18, 1966 by 80 Stat. 75 Made permanent on June 18, 1968 by 82 Stat. 184 Clayton MS 1967–1969 C. Clark MS 1969–1992 Dennis LA 1995– Seat 14 Established on June 18, 1968 by 82 Stat. 184 Carswell FL 1969–1970 Roney FL 1970–1981 Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994 Seat 15 Established on June 18, 1968 by 82 Stat. 184 Ingraham TX 1969–1973 Gee TX 1973–1991 Benavides TX 1994– Seat 16 Established on October 20, 1978 by 92 Stat. 1629 F. Johnson AL 1979–1981 Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994 Seat 17 Established on October 20, 1978 by 92 Stat. 1629 Anderson GA 1979–1981 Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994 Seat 18 Established on October 20, 1978 by 92 Stat. 1629 Hatchett FL 1979–1981 Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994 Seat 19 Established on October 20, 1978 by 92 Stat. 1629 Henderson GA 1979–1981 Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994 Seat 20 Established on October 20, 1978 by 92 Stat. 1629 C. King TX 1979– Seat 21 Established on October 20, 1978 by 92 Stat. 1629 Politz LA 1979–1999 Pickering MS 2004–2004 Southwick MS 2007– Seat 22 Established on October 20, 1978 by 92 Stat. 1629 Reavley TX 1979–1990 E. Garza TX 1991– Seat 23 Established on October 20, 1978 by 92 Stat. 1629 S. Johnson TX 1979–1991 Parker TX 1994–2002 Prado TX 2003– Seat 24 Established on October 20, 1978 by 92 Stat. 1629 Tate LA 1979–1986 Duhé LA 1988–1999 Clement LA 2001– Seat 25 Established on October 20, 1978 by 92 Stat. 1629 T. Clark GA 1979–1981 Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994 Seat 26 Established on October 20, 1978 by 92 Stat. 1629 Garwood TX 1981–1997 Owen TX 2005– Seat 27 Established on July 10, 1984 by 98 Stat. 333 E. Jones TX 1985– Seat 28 Established on July 10, 1984 by 98 Stat. 333 Smith TX 1987– Seat 29 Established on December 1, 1990 by 104 Stat. 5089 Stewart LA 1994– See also
- Courts of Louisiana
- Federal judicial appointment history#Fifth Circuit
References
- ^ Practitioner’s Guide to the U.S. Court of Appeals for the Fifth Circuit
- ^ "That Fascinating and Frenetic Fifth," Time Magazine, 1964-12-04.
- ^ a b c "U. S. Court of Appeals for the Fifth Circuit". Official website of the Federal Judicial Center. Archived from the original on March 26, 2005. http://web.archive.org/web/20050326043838/http://www.fjc.gov/history/home.nsf/usca_05_frm?OpenFrameSet. Retrieved June 19, 2005.
- ^ a b "Instructions for Judicial Directory". Website of the University of Texas Law School. Archived from the original on November 11, 2005. http://web.archive.org/web/20051111193332/http://www.utexas.edu/law/depts/career/downloads/judicial_listing.html. Retrieved July 4, 2005.
- ^ a b "Standard Search". Federal Law Clerk Information System. https://lawclerks.ao.uscourts.gov/web/jobSearch. Retrieved June 19, 2005.
- ^ Prior to January 1, 1988, King was named Carolyn Dineen Randall.
- ^ Pardee was appointed as a circuit judge for the Fifth Circuit in 1881 by James A. Garfield. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Fifth Circuit.
- ^ a b Recess appointment, confirmed by the United States Senate at a later date.
- ^ Recess appointment, never confirmed or rejected by the Senate.
- Bass, Jack (1990). Unlikely Heroes. University of Alabama Press. ISBN 0-8173-0491-6.
External links
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