United States Court of Appeals for the First Circuit

Last updated

United States Court of Appeals for the First Circuit
(1st Cir.)
Seal of the United States Court of Appeals for the First Circuit.svg
1st Circuit map.svg
Location John Joseph Moakley U.S. Courthouse
Appeals from
EstablishedJune 16, 1891
Judges6
Circuit Justice Ketanji Brown Jackson
Chief Judge David J. Barron
www.ca1.uscourts.gov

The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:

Contents

The court is based at the John Joseph Moakley Federal Courthouse in Boston, Massachusetts. Most sittings are held in Boston, where the court usually sits for one week most months of the year; in one of July or August, it takes a summer break and does not sit. The First Circuit also sits for one week each March and November at the Jose V. Toledo Federal Building and United States Courthouse in Old San Juan, Puerto Rico, and occasionally sits at other locations within the circuit. [1]

With six active judges and four active senior judges, the First Circuit has the fewest judges of any of the thirteen United States courts of appeals. Since retiring from the United States Supreme Court, Associate Justice David Souter regularly sits on the First Circuit by designation.

Current composition of the court

As of September 14,2022:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
Active Chief Senior
32Chief Judge David J. Barron Boston, MA 19672014–present2022–present Obama
27Circuit Judge Sandra Lynch Boston, MA 19461995–present2008–2015 Clinton
31Circuit Judge William J. Kayatta Jr. Portland, ME 19532013–present Obama
33Circuit Judge Gustavo Gelpí San Juan, PR 19652021–present Biden
34Circuit Judge Lara Montecalvo Providence, RI 19742022–present Biden
35Circuit Judgevacant
18Senior Circuit Judge Levin H. Campbell inactive19271972–19921983–19901992–present Nixon
22Senior Circuit Judge Bruce M. Selya Providence, RI 19341986–20062006–present Reagan
26Senior Circuit Judge Norman H. Stahl Boston, MA 19311992–20012001–present G.H.W. Bush
28Senior Circuit Judge Kermit Lipez Portland, ME 19411998–20112011–present Clinton
29Senior Circuit Judge Jeffrey R. Howard Concord, NH 19552002–20222015–20222022–present G.W. Bush
30Senior Circuit Judge O. Rogeriee Thompson Providence, RI 19512010–20222022–present Obama

Vacancies and pending nominations

SeatPrior judge's duty stationSeat last held byVacancy reasonDate of vacancyNomineeDate of nomination
2 Concord, NH Jeffrey R. Howard Senior status March 31, 2022
4 Boston, MA Sandra Lynch TBD [2] [3] Julie Rikelman August 1, 2022

List of former judges

#JudgeStateBorn–diedActive service Chief Judge Senior status Appointed byReason for
termination
1 LeBaron B. Colt RI 1846–19241891–1913 [Note 1] Arthur / Operation of law resignation
2 William LeBaron Putnam ME 1835–19181892–1917 B. Harrison retirement
3 Francis Cabot Lowell MA 1855–19111905–1911 T. Roosevelt death
4 William Schofield MA 1857–19121911–1912 Taft death
5 Frederic Dodge MA 1847–19271912–1918 Taft resignation
6 George Hutchins Bingham NH 1864–19491913–19391939–1949 Wilson death
7 Charles Fletcher Johnson ME 1859–19301917–19291929–1930 Wilson death
8 George Weston Anderson MA 1861–19381918–19311931–1938 Wilson death
9 Scott Wilson ME 1870–19421929–19401940–1942 Hoover death
10 James Madison Morton Jr. MA 1869–19401932–19391939–1940 Hoover death
11 Calvert Magruder MA 1893–19681939–19591948–19591959–1968 F. Roosevelt death
12 John Christopher Mahoney RI 1882–19521940–19501950–1952 F. Roosevelt death
13 Peter Woodbury NH 1899–19701941–19641959–19641964–1970 F. Roosevelt death
14 John Patrick Hartigan RI 1887–19681950–19651965–1968 Truman death
15 Bailey Aldrich MA 1907–20021959–19721965–19721972–2002 Eisenhower death
16 Edward Matthew McEntee RI 1906–19811965–19761976–1981 L. Johnson death
17 Frank M. Coffin ME 1919–20091965–19891972–19831989–2009 L. Johnson death
19 Hugh Henry Bownes NH 1920–20031977–19901990–2003 Carter death
20 Stephen Breyer MA 1938–present1980–19941990–1994 Carter elevation to Supreme Court
21 Juan R. Torruella PR 1933–20201984–20201994–2001 Reagan death
23 Conrad K. Cyr ME 1931–20161989–19971997–2016 G.H.W. Bush death
24 David Souter NH 1939–present1990 G.H.W. Bush elevation to Supreme Court
25 Michael Boudin MA 1939–present1992–20132001–20082013–2021 G.H.W. Bush retirement
  1. Colt was appointed as a circuit judge for the First Circuit in 1884 by Chester A. Arthur. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the First Circuit.

Chief judges

Chief Judge
Magruder 1948–1959
Woodbury 1959–1964
Aldrich 1965–1972
Coffin 1972–1983
Campbell 1983–1990
Breyer 1990–1994
Torruella 1994–2001
Boudin 2001–2008
Lynch 2008–2015
Howard 2015–2022
Barron 2022–present

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 or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.

Succession of seats

The court has six 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, while vacating their seats, thus allowing the U.S. President to appoint new judges to fill their seats.

Notable decisions

See also

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References

Specific
  1. "Court Calendar". United States Court of Appeals for the First Circuit. Retrieved October 26, 2012. In January through June, and October through December, the Court usually sits for one week starting on the first Monday of the month. In either July or August, the court sits for one week. In September, the Court starts on the Wednesday after Labor Day and sits for the 3 days in that week and the 5 days in the following week. In November and March the court sits two weeks, with one week in Boston and one week in Puerto Rico. Court sittings are held in the morning, typically between 9:30 a.m. and 1:00 p.m.
  2. Raymond, Nate (March 2, 2022). "1st Circuit's first woman judge to retire from active service". Reuters. Retrieved March 2, 2022.
  3. "Future Judicial Vacancies". United States Courts.
General
  • Dargo, George (1993). A History of the United States Court of Appeals for the First Circuit: Volume I, 1891–1960.