United States Court of Appeals for the Seventh Circuit

United States Court of Appeals for the Seventh Circuit
Seal of the United States Court of Appeals for the Seventh Circuit.

The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is a federal court with appellate jurisdiction over the courts in the following districts:

The court is based at the Dirksen Federal Building in Chicago, Illinois. It is one of thirteen United States courts of appeals, composed of eleven judges.

The court offers a unique internet presence that includes a wiki and RSS feeds of opinions and oral arguments. No other United States District or Appellate Court offers oral arguments using these feeds to the internet with the exception of United States Court of Appeals for the Eleventh Circuit which offers RSS features. It is also notable for having two of the most prominent law and economics scholars, Chief Judge Easterbrook and Judge Posner, on its panel.[1]

The Dirksen Federal Building, seat of the United States Court of Appeals for the Seventh Circuit.

Contents

Current composition of the court

As of June 29, 2010, the judges on the court are as follows:

# Judge Duty station Born Appointed Chief Appointed by
44 Frank H. Easterbrook Chicago, IL 1948 1985present 2006present Reagan
41 Richard Posner Chicago, IL 1939 1981present 19932000 Reagan
43 Joel Martin Flaum Chicago, IL 1936 1983present 20002006 Reagan
47 Michael Stephen Kanne Lafayette, IN 1938 1987present —— Reagan
48 Ilana Rovner Chicago, IL 1938 1992present —— G.H.W. Bush
49 Diane Pamela Wood Chicago, IL 1950 1995present —— Clinton
51 Ann Claire Williams Chicago, IL 1949 1999present —— Clinton
52 Diane S. Sykes Milwaukee, WI 1957 2004present —— G.W. Bush
53 John Daniel Tinder Indianapolis, IN 1950 2007present —— G.W. Bush
54 David F. Hamilton Bloomington, IN 1957 2009present —— Obama
Vacant (seat 9)

Vacancies and pending nominations

Seat Seat Last Held By Vacancy Reason Date of Vacancy Nominee Date of Nomination
9 Terence T. Evans Senior status January 7, 2010 Victoria F. Nourse [2] July 14, 2010

Senior

Five judges currently serve on the court on senior status:

# Judge Duty station Born Active service Chief Senior
since
Appointed by
37 William Joseph Bauer Chicago, IL 1926 19741994 19861993 1994present Ford
39 Richard Dickson Cudahy Chicago, IL 1926 19791994 —— 1994present Carter
42 John Louis Coffey Milwaukee, WI 1922 19822004 —— 2004present Reagan
45 Kenneth Francis Ripple South Bend, IN 1943 19852008 —— 2008present Reagan
46 Daniel Anthony Manion South Bend, IN 1942 19862007 —— 2007present Reagan

List of former judges

Thirty-nine judges have served on the 7th Circuit Court of Appeals, but no longer do:

#
Judge
State
Born/Died
Active
Chief
Senior
Appointed by
Reason for
termination
1 Gresham, Walter Q.Walter Q. Gresham Indiana 18321895 18911893 —— —— Arthur, C.C. Arthur[3] resignation
2 Woods, William AllenWilliam Allen Woods Indiana 18371901 18921901 —— —— Harrison, B.B. Harrison death
3 Jenkins, James GrahamJames Graham Jenkins Wisconsin 18341921 18931905 —— —— Cleveland, Cleveland retirement
4 Showalter, John WilliamJohn William Showalter Illinois 18441898 18951898 —— —— Cleveland, Cleveland death
5 Grosscup, Peter StengerPeter Stenger Grosscup Illinois 18521921 18991911 —— —— McKinley, McKinley resignation
6 Baker, Francis ElishaFrancis Elisha Baker Indiana 18601924 19021924 —— —— Roosevelt, T.T. Roosevelt death
7 Seaman, William HenryWilliam Henry Seaman Wisconsin 18421915 19051915 —— —— Roosevelt, T.T. Roosevelt death
8 Kohlsaat, Christian CecilChristian Cecil Kohlsaat Illinois 18441918 19051918 —— —— Roosevelt, T.T. Roosevelt death
9 Alschuler, SamuelSamuel Alschuler[4] Illinois 18591939 19151936 —— 19361939 Wilson, Wilson death
10 Evans, Evan AlfredEvan Alfred Evans Wisconsin 18761948 19161948 —— —— Wilson, Wilson death
11 Page, George TrueGeorge True Page Illinois 18591941 19191930 —— 19301941 Wilson, Wilson death
12 Anderson, Albert BarnesAlbert Barnes Anderson Indiana 18571938 19251929 —— 19291938 Coolidge, Coolidge death
13 Sparks, William MorrisWilliam Morris Sparks Indiana 18721950 19291948 19481948 19481950 Hoover, Hoover death
14 FitzHenry, LouisLouis FitzHenry Illinois 18701935 19331935 —— —— Roosevelt, F.F. Roosevelt death
15 Major, James EarlJames Earl Major Illinois 18871972 19371956 19481954 19561972 Roosevelt, F.F. Roosevelt death
16 Treanor, Walter EmanuelWalter Emanuel Treanor Indiana 18831941 19371941 —— —— Roosevelt, F.F. Roosevelt death
17 Kerner, Sr., OttoOtto Kerner, Sr.[4] Illinois 18841952 19381952 —— —— Roosevelt, F.F. Roosevelt death
18 Minton, ShermanSherman Minton Indiana 18901965 19411949 —— —— Roosevelt, F.F. Roosevelt elevation to the Supreme Court
19 Duffy, F. RyanF. Ryan Duffy Wisconsin 18881979 19491966 19541959 19661979 Truman, Truman death
20 Finnegan, Philip J.Philip J. Finnegan Illinois 18861959 19491959 —— —— Truman, Truman death
21 Lindley, Walter C.Walter C. Lindley Illinois 18801958 19491958 —— —— Truman, Truman death
22 Swaim, Hardress NathanielHardress Nathaniel Swaim[4] Indiana 18801957 19491957 —— —— Truman, Truman death
23 Schnackenberg, Elmer JacobElmer Jacob Schnackenberg[4] Illinois 18891968 19531968 —— —— Eisenhower, Eisenhower death
24 Hastings, John SimpsonJohn Simpson Hastings Indiana 18981977 19571969 19591968 19691977 Eisenhower, Eisenhower death
25 Parkinson, William LynnWilliam Lynn Parkinson Indiana 19021959 19571959 —— —— Eisenhower, Eisenhower death
26 Knoch, Winfred GeorgeWinfred George Knoch Illinois 18951983 19581967 —— 19671983 Eisenhower, Eisenhower death
27 Castle, LathamLatham Castle Illinois 19001986 19591970 19681970 19701986 Eisenhower, Eisenhower death
28 Kiley, Roger JosephRoger Joseph Kiley Illinois 19001974 19611974 —— 19741974 Kennedy, Kennedy death
29 Swygert, Luther MerrittLuther Merritt Swygert Indiana 19051988 19611981 19701975 19811988 Kennedy, Kennedy death
30 Cummings, Jr., Walter J.Walter J. Cummings, Jr. Illinois 19161999 19661999 19811986 —— Johnson, L.L. Johnson death
31 Fairchild, Thomas E.Thomas E. Fairchild Wisconsin 19122007 19661981 19751981 19812007 Johnson, L.L. Johnson death
32 Kerner, Jr., OttoOtto Kerner, Jr. Illinois 19081976 19681974 —— —— Johnson, L.L. Johnson resignation
33 Pell, Jr., Wilbur FrankWilbur Frank Pell, Jr. Indiana 19152000 19701984 —— 19842000 Nixon, Nixon death
34 Stevens, John PaulJohn Paul Stevens Illinois 1920present 19701975 —— —— Nixon, Nixon elevation to the Supreme Court
35 Sprecher, Robert ArthurRobert Arthur Sprecher Illinois 19171982 19711982 —— —— Nixon, Nixon death
36 Tone, Philip WillisPhilip Willis Tone Illinois 19232001 19741980 —— —— Nixon, Nixon resignation
38 Harlington Wood, Jr. Illinois 19202008 19761992 —— 19922008 Ford, Ford death
40 Eschbach, Jesse E.Jesse E. Eschbach Indiana 19202005 19811985 —— 19852005 Reagan, Reagan death
50 Terence T. Evans Wisconsin 1940-2011 19952010 —— 20102011 Clinton, Clinton death

Chief judges

Chief Judge
Sparks 19481948
Major 19481954
Duffy 19541959
Hastings 19591968
Castle 19681970
Swygert 19701975
Fairchild 19751981
Cummings 19811986
Bauer 19861993
Posner 19932000
Flaum 20002006
Easterbrook 2006present

In order to qualify for the office of Chief Judge, 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 in the office of Chief Judge 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. Unlike the Chief Justice of the United States, a Chief Judge returns to active service after the expiration of his or her term and does not create a vacancy on the bench by the fact of his or her promotion. See 28 U.S.C. § 45.

The above rules have applied since October 1, 1982. The office of Chief Judge was created in 1948 and until August 6, 1959 was filled by 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. From then until 1982 it was filled by the senior such judge who had not turned 70.

The current Chief Judge of the Seventh Circuit is Judge Frank Easterbrook, who succeeded Judge Joel Flaum in November 2006. Judge Diane Wood is in line to be the next chief judge, as the only judges more senior than her in regular active service who have not already served as chief judge (Judges Michael Kanne and Ilana Rovner) will be older than 65 when Chief Judge Easterbrook's term expires in 2013. Judge Wood would be the first female chief judge of the court.

Succession of seats

The court has eleven 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 Seventh Circuit
Reassigned to the United States Circuit Court of Appeals for the Seventh Circuit by the Judiciary Act of 1891
Gresham IN 18911893
Jenkins WI 18931905
Seaman WI 19051915
E. Evans WI 19161948
Duffy WI 19491966
Fairchild WI 19661981
Coffey WI 19822004
Sykes WI 2004present
Seat 2
Established on June 16, 1891 by the Judiciary Act of 1891
Woods IN 18921901
Baker IN 19021924
Anderson IN 19251929
Sparks IN 19291948
Finnegan IL 19491959
Castle IL 19591970
Sprecher IL 19711982
Flaum IL 1983present
Seat 3
Established on February 8, 1895 by 28 Stat643
Showalter IL 18951898
Grosscup IL 18991911
Alschuler IL 19151936
Treanor IN 19371941
Minton IN 19411949
Lindley IL 19491958
Knoch IL 19581967
Kerner, Jr. IL 19681974
Bauer IL 19741994
D. Wood IL 1995present
Seat 4
Established on March 3, 1905 by 33 Stat992
Kohlsaat IL 19051918
Page IL 19191930
FitzHenry IL 19331935
Major IL 19371956
Hastings IN 19571969
Pell IN 19701984
Manion IN 19862007
Tinder IN 2007present
Seat 5
Established on May 31, 1938 by 52 Stat584
Kerner, Sr. IL 19381952
Schnackenberg IL 19531968
Stevens IL 19701975
H. Wood IL 19761992
Rovner IL 1992present
Seat 6
Established on August 3, 1949 by 63 Stat493
Swaim IN 19491957
Parkinson IN 19571959
Kiley IL 19611974
Tone IL 19741980
Posner IL 1981present
Seat 7
Established on May 19, 1961 by 75 Stat80
Swygert IN 19611981
Eschbach IN 19811985
Kanne IN 1987present
Seat 8
Established on March 18, 1966 by 80 Stat75
Cummings IL 19661999
Williams IL 1999present
Seat 9
Established on October 20, 1978 by 92 Stat1629, 1632
Cudahy IL 19791994
T. Evans WI 19952010
(vacant) (n/a) 2010present
Seat 10
Established on July 10, 1984 by 98 Stat333
Easterbrook IL 1985present
Seat 11
Established on July 10, 1984 by 98 Stat333
Ripple IN 19852008
Hamilton IN 2009present

See also

  • Federal judicial appointment history#Seventh Circuit

See also

References

  1. ^ Lewis, Neil A. (May 11, 2009). "Potential Justice Offers a Counterpoint in Chicago". The New York Times. http://www.nytimes.com/2009/05/12/us/politics/12wood.html. Retrieved May 26, 2010. 
  2. ^ Presidential Nominations and Withdrawal Sent to the Senate, 7/14/10
  3. ^ Gresham was appointed as a circuit judge for the Seventh Circuit in 1884. The Judiciary Act of 1891 reassigned his seat to what is now the United States Court of Appeals for the Seventh Circuit.
  4. ^ a b c d Recess appointment, later confirmed by the United States Senate.

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