United States Court of Appeals for the Fifth Circuit

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United States Court of Appeals for the Fifth Circuit
(5th Cir.)
Seal of the United States Court of Appeals for the Fifth Circuit
Location John Minor Wisdom United States Court of Appeals Building
New Orleans, Louisiana
Appeals from
Established June 16, 1891
Chief judge Carl E. Stewart
Active judges 17
Senior judges 7
Circuit justice Clarence Thomas[1]
Official website

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 Southern districts:

The court is one of 13 United States courts of appeals. Composed of 17 active judges, it 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.[2]

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, which 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 his death in 1964.[3]

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 has now returned to normal operations in New Orleans.

Current composition of the court

As of April 16, 2015, the judges on the court are as follows:[4]

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
71 Chief Judge Carl E. Stewart Shreveport, LA 1950 1994–present 2012–present — Clinton
60 Circuit Judge E. Grady Jolly Jackson, MS 1937 1982–present — — Reagan
61 Circuit Judge W. Eugene Davis Lafayette, LA 1936 1983–present — — Reagan
63 Circuit Judge Edith H. Jones Houston, TX 1949 1985–present 2006–2012 — Reagan
64 Circuit Judge Jerry Edwin Smith Houston, TX 1946 1987–present — — Reagan
73 Circuit Judge James L. Dennis New Orleans, LA 1936 1995–present — — Clinton
74 Circuit Judge Edith Brown Clement New Orleans, LA 1948 2001–present — — G.W. Bush
75 Circuit Judge Edward C. Prado San Antonio, TX 1947 2003–present — — G.W. Bush
77 Circuit Judge Priscilla Owen Austin, TX 1954 2005–present — — G.W. Bush
78 Circuit Judge Jennifer Walker Elrod Houston, TX 1966 2007–present — — G.W. Bush
79 Circuit Judge Leslie H. Southwick Jackson, MS 1950 2007–present — — G.W. Bush
80 Circuit Judge Catharina Haynes Dallas, TX 1963 2008–present — — G.W. Bush
81 Circuit Judge James E. Graves, Jr. Jackson, MS 1953 2011–present — — Obama
82 Circuit Judge Stephen A. Higginson New Orleans, LA 1961 2011–present — — Obama
83 Circuit Judge Gregg Costa Houston, TX 1972 2014–present — — Obama
84 Circuit Judge vacant - - - — — -
85 Circuit Judge vacant - - - — — -
51 Senior Circuit Judge Carolyn Dineen King Houston, TX 1938 1979–2013 1999–2006 2013–present Carter
53 Senior Circuit Judge Thomas Morrow Reavley Houston, TX 1921 1979–1990 — 1990–present Carter
59 Senior Circuit Judge Patrick Higginbotham Austin, TX 1938 1982–2006 — 2006–present Reagan
65 Senior Circuit Judge John Malcolm Duhé, Jr. inactive 1933 1988–1999 — 1999–present Reagan
66 Senior Circuit Judge Rhesa Hawkins Barksdale Jackson, MS 1944 1990–2009 — 2009–present G.H.W. Bush
67 Senior Circuit Judge Jacques L. Wiener, Jr. New Orleans, LA 1934 1990–2010 — 2010–present G.H.W. Bush
70 Senior Circuit Judge Fortunato "Pete" Benavides Austin, TX 1947 1994–2012 — 2012–present Clinton

Vacancies and pending nominations

Seat Seat Last Held By Vacancy Reason Date of Vacancy Nominee Date of Nomination
22 Emilio M. Garza Senior status August 1, 2012 – –
20 Carolyn Dineen King Senior status December 31, 2013 – –

List of former judges

Sixty-one judges formerly served on the court but no longer do:[4]

#
 Judge
 State
 Born/Died
 Active
 Chief
 Senior
 Appointed by
 Reason for
termination
1 Don Albert Pardee LA 1837–1919 1891–1919 —— —— [5] 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[6]–1976 —— —— Kennedy resignation
25 Walter Pettus Gewin AL 1908–1981 1961[6]–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
68 Emilio M. Garza TX 1947– 1991–2012 —— 2012–2015 G.H.W. Bush retirement
69 Harold R. DeMoss, Jr. TX 1930– 1991–2007 —— 2007–2015 G.H.W. Bush retirement
72 Robert Manley Parker TX 1937– 1994–2002 —— —— Clinton retirement
76 Charles W. Pickering MS 1937– 2004[7]–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 2006–2012
Stewart 2012–

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–present
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–present
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–present
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–present
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–present
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–present
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–present
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 1994–2012
Costa TX 2014–present
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 1979–2013
vacant TX 2013–present
Seat 21
Established on October 20, 1978 by 92 Stat. 1629
Politz LA 1979–1999
Pickering MS 2004–2004
Southwick MS 2007–present
Seat 22
Established on October 20, 1978 by 92 Stat. 1629
Reavley TX 1979–1990
E. Garza TX 1991–2012
vacant TX 2012–present
Seat 23
Established on October 20, 1978 by 92 Stat. 1629
S. Johnson TX 1979–1991
Parker TX 1994–2002
Prado TX 2003–present
Seat 24
Established on October 20, 1978 by 92 Stat. 1629
Tate LA 1979–1986
Duhé LA 1988–1999
Clement LA 2001–present
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–present
Seat 27
Established on July 10, 1984 by 98 Stat. 333
E. Jones TX 1985–present
Seat 28
Established on July 10, 1984 by 98 Stat. 333
Smith TX 1987–present
Seat 29
Established on December 1, 1990 by 104 Stat. 5089
Stewart LA 1994–present

See also

References

  1. ↑ http://www.scotusblog.com/wp-content/uploads/2016/02/SCt-circuit-assignments.pdf
  2. ↑ Practitioner’s Guide to the U.S. Court of Appeals for the Fifth Circuit
  3. ↑ "That Fascinating and Frenetic Fifth," Time Magazine, 1964-12-04.
  4. ↑ 4.0 4.1 Lua error in package.lua at line 80: module 'strict' not found.
  5. ↑ 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.
  6. ↑ 6.0 6.1 Recess appointment, confirmed by the United States Senate at a later date.
  7. ↑ Recess appointment, never confirmed or rejected by the Senate.
  • Lua error in package.lua at line 80: module 'strict' not found.

External links

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