United States Court of Appeals for the Third Circuit

Last updated

United States Court of Appeals for the Third Circuit
(3d Cir.)
Seal of the United States Court of Appeals for the Third Circuit.svg
3rd Circuit map.svg
Location James A. Byrne U.S. Courthouse
Appeals from
EstablishedJune 16, 1891
Judges14
Circuit Justice Samuel Alito
Chief Judge D. Brooks Smith
www.ca3.uscourts.gov

The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts:

Contents

This circuit also hears appeals from the District Court of the Virgin Islands, which is an Article VI territorial court and not a district court under Article III of the Constitution.

The court is composed of 14 active judges and is based at the James A. Byrne United States Courthouse in Philadelphia, Pennsylvania. The court also conducts sittings in other venues, including the United States Virgin Islands. [1] It is one of 13 United States courts of appeals. Due to the court's appellate jurisdiction over Delaware (where more than half of publicly traded companies in the United States incorporate), the court handles a significant number of influential commercial cases in the United States.

Current composition of the court

As of February 1,2021: [2] [3]

#TitleJudgeDuty stationBornTerm of serviceAppointed by
Active Chief Senior
56Chief Judge D. Brooks Smith Duncansville, PA 19512002–present2016–present G.W. Bush
50Circuit Judge Theodore McKee Philadelphia, PA 19471994–present2010–2016 Clinton
54Circuit Judge Thomas L. Ambro Wilmington, DE 19492000–present Clinton
60Circuit Judge Michael Chagares Newark, NJ 19622006–present G.W. Bush
61Circuit Judge Kent A. Jordan Wilmington, DE 19572006–present G.W. Bush
62Circuit Judge Thomas Hardiman Pittsburgh, PA 19652007–present G.W. Bush
63Circuit Judge Joseph A. Greenaway Jr. Newark, NJ 19572010–present Obama
65Circuit Judge Patty Shwartz Newark, NJ 19612013–present Obama
66Circuit Judge Cheryl Ann Krause Philadelphia, PA 19682014–present Obama
67Circuit Judge Luis Felipe Restrepo Philadelphia, PA 19592016–present Obama
68Circuit Judge Stephanos Bibas Philadelphia, PA 19692017–present Trump
69Circuit Judge David J. Porter Pittsburgh, PA 19662018–present Trump
70Circuit Judge Paul Matey Newark, NJ 19712019–present Trump
71Circuit Judge Peter J. Phipps Pittsburgh, PA 19732019–present Trump
38Senior Circuit Judge Dolores Sloviter inactive19321979–20131991–19982013–present Carter
41Senior Circuit Judge Walter King Stapleton Wilmington, DE 19341985–19991999–present Reagan
44Senior Circuit Judge Anthony Joseph Scirica Philadelphia, PA 19401987–20132003–20102013–present Reagan
45Senior Circuit Judge Robert Cowen Trenton, NJ 19301987–19981998–present Reagan
46Senior Circuit Judge Richard Lowell Nygaard Erie, PA 19401988–20052005–present Reagan
48Senior Circuit Judge Jane Richards Roth Wilmington, DE 19351991–20062006–present G.H.W. Bush
52Senior Circuit Judge Marjorie Rendell Philadelphia, PA 19471997–20152015–present Clinton
55Senior Circuit Judge Julio M. Fuentes Newark, NJ 19462000–20162016–present Clinton
58Senior Circuit Judge D. Michael Fisher Pittsburgh, PA 19442003–20172017–present G.W. Bush

Vacancies and pending nominations

SeatPrior Judge's Duty StationSeat last held byVacancy reasonDate of vacancyNomineeDate of nomination
8 Philadelphia Theodore McKee Senior status TBD [4]

List of former judges

#JudgeStateBorn–diedActive service Chief Judge Senior status Appointed byReason for
termination
1 Marcus Wilson Acheson PA 1828–19061891–1906 [Note 1] B. Harrison death
2 George M. Dallas PA 1839–19171892–1909 B. Harrison retirement
3 George Gray DE 1840–19251899–1914 [5] McKinley retirement
4 Joseph Buffington PA 1855–19471906–1938 [5] 1938–1947 T. Roosevelt death
5 William M. Lanning NJ 1849–19121909–1912 Taft death
Robert Wodrow Archbald PA 1848–19261911–1913 [6] impeachment and conviction
6 John Bayard McPherson PA 1846–19191912–1919 Taft death
7 Victor Baynard Woolley DE 1867–19451914–19381938–1945 Wilson death
8 Thomas Griffith Haight NJ 1879–19421919–1920 [5] Wilson resignation
9 John Warren Davis NJ 1867–19451920–19391939–1941 Wilson resignation
10 Joseph Whitaker Thompson PA 1861–19461931–19381938–1946 Hoover death
11 John Biggs Jr. DE 1895–19791937–19651948–19651965–1979 F. Roosevelt death
12 Albert Branson Maris PA 1893–19891938–19581958–1989 F. Roosevelt death
13 William Clark NJ 1891–19571938–1943 F. Roosevelt resignation
14 Francis Biddle PA 1886–19681939–1940 F. Roosevelt resignation
15 Charles Alvin Jones PA 1887–19661939–1944 F. Roosevelt resignation
16 Herbert Funk Goodrich PA 1889–19621940–1962 F. Roosevelt death
17 Gerald McLaughlin NJ 1893–19771943–19681968–1977 F. Roosevelt death
18 John Joseph O'Connell PA 1894–19491945–1949 Truman death
19 Harry Ellis Kalodner PA 1896–19771946–19691965–19661969–1977 Truman death
20 William H. Hastie VI 1904–19761949–1971 [5] 1968–19711971–1976 Truman death
21 Austin Leander Staley PA 1902–19781950–19671966–19671967–1978 Truman death
22 Phillip Forman NJ 1895–19781959–19611961–1978 Eisenhower death
23 James Cullen Ganey PA 1899–19721961–19661966–1972 Kennedy death
24 William Francis Smith NJ 1903–19681961–1968 Kennedy death
25 Abraham Lincoln Freedman PA 1904–19711964–1971 L. Johnson death
26 Collins J. Seitz DE 1914–19981966–19891971–19841989–1998 L. Johnson death
27 Francis Lund Van Dusen PA 1912–19931967–19771977–1993 L. Johnson death
28 Ruggero J. Aldisert PA 1919–20141968–19861984–19861986–2014 L. Johnson death
29 David Henry Stahl PA 1920–19701968–1970 L. Johnson death
30 Arlin M. Adams PA 1921–20151969–1987 Nixon retirement
31 John Joseph Gibbons NJ 1924–20181969–19901987–1990 Nixon retirement
32 Max Rosenn PA 1910–20061970–19811981–2006 Nixon death
33 James Rosen NJ 1909–19721971–1972 Nixon death
34 James Hunter III NJ 1916–19891971–19861986–1989 Nixon death
35 Joseph F. Weis Jr. PA 1923–20141973–19881988–2014 Nixon death
36 Leonard I. Garth NJ 1921–20161973–19861986–2016 Nixon death
37 A. Leon Higginbotham Jr. PA 1928–19981977–19911990–19911991–1993 Carter retirement
39 Edward Roy Becker PA 1933–20061981–20031998–20032003–2006 Reagan death
40 Carol Los Mansmann PA 1942–20021985–2002 Reagan death
42 Morton Ira Greenberg NJ 1933–20211987–20002000–2021 Reagan death
43 William D. Hutchinson PA 1932–19951987–1995 Reagan death
47 Samuel Alito NJ 1950–present1990–2006 G.H.W. Bush elevation to Supreme Court
49 Timothy K. Lewis PA 1954–present1992–1999 G.H.W. Bush resignation
51 H. Lee Sarokin NJ 1928–present1994–1996 Clinton retirement
53 Maryanne Trump Barry NJ 1937–present1999–20112011–2019 Clinton retirement
57 Michael Chertoff NJ 1953–present2003–2005 G.W. Bush resignation
59 Franklin Van Antwerpen PA 1941–20162004–20062006–2016 G.W. Bush death
64 Thomas I. Vanaskie PA 1953–present2010–20182018–2019 Obama retirement
  1. Acheson was appointed as a circuit judge for the Third Circuit in 1891 by Benjamin Harrison. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Third Circuit.

Chief judges

Chief Judge
Biggs Jr. 1948–1965
Kalodner 1965–1966
Staley 1966–1967
Hastie 1968–1971
Seitz 1971–1984
Aldisert 1984–1986
Gibbons 1987–1990
Higginbotham 1990–1991
Sloviter 1991–1998
Becker 1998–2003
Scirica 2003–2010
McKee 2010–2016
D. Smith 2016–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 fourteen 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 president to appoint new judges to fill their seats.

See also

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References

  1. "Notice for Sitting in Virgin Islands" (PDF). Official website of the Third Circuit. Archived from the original (PDF) on April 1, 2013. Retrieved March 6, 2013.
  2. "U. S. Court of Appeals for the Third Circuit". Official website of the Federal Judicial Center. Archived from the original on May 25, 2005. Retrieved May 30, 2005.
  3. "Third Circuit Court of Appeals Judges" (PDF). Official website of the United States Court of Appeals for the Third Circuit. Archived from the original (PDF) on May 10, 2005. Retrieved May 30, 2005.
  4. Future Judicial Vacancies
  5. 1 2 3 4 Recess appointment, confirmed by the United States Senate at a later date.
  6. Archbald did not have a permanent seat on this court. Instead, he was appointed to the ill-fated United States Commerce Court in 1910 by William Howard Taft. Aside from their duties on the Commerce Court, the judges of the Commerce Court also acted as at-large appellate judges, able to be assigned by the Chief Justice of the United States to whichever circuit most needed help. Archbald was assigned to the Third Circuit upon his commission.