District of Columbia Court of Appeals

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District of Columbia Court of Appeals
District of Columbia Court of Appeals.JPG
The District of Columbia Court of Appeals is located in the former D.C. City Hall, a National Historic Landmark.
Established1942
Location District of Columbia City Hall, Judiciary Square, Washington, DC
Composition method Presidential nomination with Senate confirmation
Authorized by Derived from the United States Congress
Appeals to Supreme Court of the United States (in matters of federal law only)
Appeals from Superior Court of the District of Columbia
Judge term length15 years
Number of positions9
Website DCCourts.gov
Chief judge
Currently Anna Blackburne-Rigsby
SinceMarch 17, 2017

The District of Columbia Court of Appeals is the highest court of the District of Columbia, the capital city of the United States. The court was established in 1942 as the Municipal Court of Appeals, and it has been the court of last resort for matters of D.C. local law since 1970. The court is located in the former District of Columbia City Hall building at Judiciary Square. The D.C. Court of Appeals and the Superior Court of the District of Columbia comprise the District of Columbia's court system.

Contents

The D.C. Court of Appeals is the equivalent of a state supreme court. Because the District of Columbia is not a U.S. state, however, the court's authority derives from the U.S. Congress rather than from the inherent sovereignty of the states. The D.C. Court of Appeals is sometimes confused with the U.S. Court of Appeals for the District of Columbia Circuit, which is the federal U.S. court of appeals that covers the District of Columbia.

History

For much of the history of the District of Columbia, appeals in local matters were adjudicated by federal courts: first the Circuit Court of the District of Columbia (1801–1863), then the Supreme Court of the District of Columbia (1863–1893) (later renamed the U.S. District Court for the District of Columbia), and finally the District of Columbia Court of Appeals (1893–1970) (later renamed the U.S. Court of Appeals for the District of Columbia Circuit). [1] The first local appellate court was established in 1942 when Congress created the Municipal Court of Appeals to hear appeals from the D.C. Municipal Court and the Juvenile Court. Consisting of a Chief Judge and two Associate Judges, the Municipal Court of Appeals acted as an intermediate appellate court, its decisions reviewable on a discretionary basis by the D.C. Circuit. In 1962, Congress renamed the court the District of Columbia Court of Appeals, and in 1967 its membership was enlarged to six judges. [1]

Federal and local jurisdiction in the D.C. remained entangled until 1970, when Congress enacted the District of Columbia Court Reform and Criminal Procedure Act. In addition to establishing the Superior Court of the District of Columbia, the Act established the District of Columbia Court of Appeals as the "highest court for the District of Columbia," expanded its size to its present composition of nine judges, and broadened its jurisdiction to hear all appeals from the Superior Court and review decisions of the city's mayor and administrative agencies. [1]

Powers

As the court of last resort for the District of Columbia, the Court of Appeals is authorized to review all final orders, judgments, and specified interlocutory orders of the associate judges of the Superior Court of the District of Columbia, as well as decisions of certain D.C. agencies. The court also has jurisdiction to review decisions of administrative agencies, boards, and commissions of the District government, as well as to answer questions of law presented by the Supreme Court of the United States, a United States court of appeals, or the highest appellate court of any state. As authorized by Congress, the court reviews proposed rules of the trial court and develops its own rules for proceedings.

Cases before the court are determined by randomly selected three-judge divisions, unless a hearing or rehearing before the court sitting en banc (with all judges present) is ordered. A hearing or rehearing before the court sitting en banc may be ordered by a majority of the judges in regular active service, generally only when consideration by the full court is necessary to maintain uniformity of its decisions, or when the case involves a question of exceptional importance. The en banc court consists of the nine judges of the court in regular active service, except that a retired judge may sit to rehear a case or controversy if the judge heard the original hearing. The Chief Judge may designate and assign temporarily one or more judges of the Superior Court of the District of Columbia to serve on the District of Columbia Court of Appeals when required.

Members of the court are empowered to adjudicate the oath of office ceremony for the executive cabinet of the president.

In the exercise of its inherent power over members of the legal profession, the court established the District of Columbia Bar and has the power to approve the rules governing attorney disciplinary proceedings. The court also reviews the rules of professional conduct and has established rules governing the admission of members of the District of Columbia Bar and the resolution of complaints concerning the unauthorized practice of law in the District of Columbia.

Judges

The court consists of a chief judge and eight associate judges. The court is assisted by the service of retired judges who have been recommended and approved as senior judges. Despite being the District's local appellate court, judges are appointed by the president of the United States and confirmed by the U.S. Senate for 15-year terms. [2] In 2011, the district's judicial conduct entity, the Commission on Judicial Disabilities and Tenure, gained the ability to reappoint judges that it deems "well qualified" for subsequent 15-year terms without input from the president or senate. If the commission deems the judge "qualified," the president has the option of renominating them, but if the commission deems the judge "unqualified," they are ineligible for reappointment. [3] In 2021, the commission reappointed Chief Judge Anna Blackburne-Rigsby to a new 15-year term. [4]

Active judges

As of December 13,2023:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
Active Chief Senior
36Chief Judge Anna Blackburne-Rigsby Washington, D.C. 19612006–present2017–present— G.W. Bush
39Judge Corinne A. Beckwith Washington, D.C. 19632011–present—— Obama
40Judge Catharine F. Easterly Washington, D.C. 19702012–present—— Obama
41Judge Roy W. McLeese III Washington, D.C. 19592012–present—— Obama
42Judge Joshua Deahl Washington, D.C. 19812020–present—— Trump
43Judge John P. Howard III Washington, D.C. 19842022–present—— Biden
45Judge Vijay Shanker Washington, D.C. 19722022–present—— Biden
46Judgevacant Washington, D.C. —————
47Judgevacant Washington, D.C. —————
24Senior Judge John M. Steadman Washington, D.C. 19301985–2004—2004–present Reagan
30Senior Judge Vanessa Ruiz Washington, D.C. 19501994–2011—2012–present Clinton
32Senior Judge Stephen H. Glickman Washington, D.C. 19451999–2022—2022–present Clinton
33Senior Judge Eric T. Washington Washington, D.C. 19531999–20172005–20172017–present Clinton
35Senior Judge John R. Fisher Washington, D.C. 19462006–2020—2020–present G.W. Bush
37Senior Judge Phyllis D. Thompson Washington, D.C. 19522006–2021—2021–present G.W. Bush

Vacancies and pending nominations

SeatSeat last held byVacancy reasonDate of vacancyNomineeDate of nomination
— Kathryn A. Oberly RetirementNovember 1, 2013 Joseph R. Palmore April 18, 2024
— Loren AliKhan ElevationDecember 13, 2023 Carmen Iguina González

Former judges

#JudgeStateBorn–diedActive service Chief Judge Senior status Appointed byReason for
termination
1 William E. Richardson DC 1881–19451942–19451942–1945— F. Roosevelt death
2 Nathan Cayton DC 1899–19771942–19561946–19561956–1972 F. Roosevelt retirement
3 Andrew M. Hood DC 1900–19791942–19721961–1972— F. Roosevelt retirement
4 Brice Clagett MD 1889–19511946–1951—— Truman death
5 Thomas D. Quinn DC 1898–19751951–1966—— Truman retirement
6 Leo A. Rover DC 1888–19601956–19601956–1960— Eisenhower death
7 Frank H. Myers DC 1897–19741962–1969—— Kennedy retirement
8 Catherine B. Kelly DC 1917–19951967–1983—— Johnson resignation
9 Austin L. Fickling DC 1914–19771968–1977—— Johnson death
10 John W. Kern III MD 1928–20181968–1984—1984–2012 Johnson retirement
11 George R. Gallagher MD 1915–20071968–1981—1981–2001 Johnson retirement
12 Frank Q. Nebeker VA 1930–20241969–1987—1987–2021 Nixon retirement
13 Gerard D. Reilly DC 1906–19951970–19761972–19761976–1995 Nixon death
14 Hubert Pair DC 1904–19881971–1974—1975–1988 Nixon death
15 J. Walter Yeagley VA 1909–19901971–1979—1979–1984 Nixon retirement
16 Stanley S. Harris MD 1927–20211972–1982—— Nixon resignation
17 Julia Cooper Mack DC 1920–20141975–1989—1989–2001 Ford retirement
18 Theodore R. Newman Jr. DC 1934–20231976–19911976–19841991–2016 Ford retirement
19 John M. Ferren DC 1937–present1977–1997—1999–2023 Carter retirement
20 William C. Pryor DC 1932–20201979–19881984–19881988–2019 Carter retirement
21 James A. Belson DC 1931–present1981–1991—1991–2017 Reagan retirement
22 John A. Terry DC 1933–20211982–2006—2006–2016 Reagan retirement
23 Judith W. Rogers DC 1939–present1983–19941988–1994— Reagan elevation
25 Frank E. Schwelb DC 1932–20141988–2006—2006–2014 Reagan retirement
26 Michael W. Farrell DC 1938–present1989–2008—2009–2019 G.H.W. Bush retirement
27 Annice M. Wagner DC 1937–present1990–20051994–20052005–2013 G.H.W. Bush retirement
28 Warren R. King DC 1937–present1991–1998—1998–2016 G.H.W. Bush retirement
29 Emmet G. Sullivan DC 1947–present1992–1994—— G.H.W. Bush elevation
31 Inez Smith Reid DC 1937–present1995–2011—2011–2017 Clinton retirement
34 Noël A. Kramer DC 1945–20182005–2011—2011–2017 G.W. Bush retirement
38 Kathryn A. Oberly DC 1950–present2009–2013—— G.W. Bush resignation
44 Loren AliKhan DC 1983–present2022–2023—— Biden elevation

Chief judges

The first three chief judges of the Municipal Court of Appeals were nominated and confirmed specifically as chief judges. However, in 1961, the Department of Justice determined that the relevant law was ambiguous enough that President Kennedy could elevate sitting judge Andrew M. Hood as chief judge without submitting a nomination to the Senate for that purpose, as President Truman had done when elevating Nathan Cayton as chief judge in 1946. The Library of Congress issued a legal opinion calling the Department of Justice's determination into question, but Hood remained as chief judge. [5] Since 1973, the chief judge has been selected by the District of Columbia Judicial Nomination Commission for renewable four-year terms. [6]

Chief judge
Richardson 1942–1945
Cayton 1946–1956
Rover 1956–1960
Hood 1961–1972
Reilly 1972–1976
Newman 1976–1984
Pryor 1984–1988
Rogers 1988–1994
Wagner 1994–2005
Washington 2005–2017
Blackburne-Rigsby 2017–present

Succession of seats

The court has nine seats for active judges, numbered in the order in which they were initially filled. Judges who assume senior status enter a kind of retirement in which they remain on the bench but vacate their seats, thus allowing the U.S. President to appoint new judges to fill their seats.

See also

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References

  1. 1 2 3 Newman, Theodore R. (1978). "The State of the District of Columbia Court of Appeals". Catholic University Law Review . 27 (3): 453–468.
  2. ↑ "Judicial Selection in the States: District of Columbia". American Judicature Society. Archived from the original on 2012-03-08. Retrieved 2012-09-12.
  3. ↑ "Statute Reestablishing the Commission". Commission on Judicial Disabilities and Tenure. January 6, 2011.
  4. ↑ "Evaluation of the Honorable Anna Blackburne-Rigsby" (PDF). District of Columbia Commission on Judicial Disabilities and Tenure. June 14, 2021.
  5. ↑ "Congressional Record: Vol. 108, Part 12". August 9, 1962. pp. 16107–16108.
  6. ↑ Pub. L. Tooltip Public Law (United States)  93–198
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