United States circuit court

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The United States circuit courts were the original intermediate level courts of the United States federal court system. They were established by the Judiciary Act of 1789. They had trial court jurisdiction over civil suits of diversity jurisdiction and major federal crimes. They also had appellate jurisdiction over the United States district courts. The Judiciary Act of 1891 (26  Stat.   826, also known as the Evarts Act) transferred their appellate jurisdiction to the newly created United States circuit courts of appeals, which are now known as the United States courts of appeals. On January 1, 1912, the effective date of the Judicial Code of 1911, the circuit courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. district courts.

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During the 100 years that the Justices of the U.S. Supreme Court "rode circuit", many justices complained about the effort required. [1] Riding circuit took a great deal of time (about half of the year) and was both physically demanding and dangerous. However, "members of Congress held firm to the belief that circuit riding benefited the justices and the populace, and they turned a deaf ear to the corps of justices that desired to abolish the practice." [1]

The Judiciary Act of 1869 established a separate circuit court (and allowed the hiring of judges specifically to handle the cases) but the act required that Supreme Court justices had to ride circuit once every two years. However, this came to a final end in 1891 when the Circuit Courts of Appeals Act was passed. [1]

Organization

Although the federal judicial districts were grouped into circuits, the circuit courts convened separately in each district and were designated by the name of the district (for example, the "U.S. Circuit Court for the District of Massachusetts"), not by the name or number of the circuit. The designation of circuits served only for the purpose of designating the districts in which a particular Supreme Court Justice, and later a circuit judge, would sit on the circuit court. The circuit court districts were usually, but not always, the same as the districts established for the district courts.

Each circuit court was composed initially of two Supreme Court justices and the district judge of the district, although in 1793 Congress provided that a quorum of one justice and one district judge could hold court. After 1802, only one justice was assigned to each circuit, and a quorum could consist of a single justice or judge. This "circuit riding" arrangement meant that the Supreme Court justices spent the majority of the year traveling to each district within their circuit to conduct trials, and spent far less time assembled at the capital to hear appeals. The burden of circuit riding was somewhat alleviated by the appointment of circuit judges under the Circuit Judges Act of 1869, but was not abolished until the creation of the intermediate courts of appeals in 1891.

In 1801, Congress attempted for the first time in its history to relieve the Supreme Court justices of this burden by enacting the Judiciary Act of 1801, commonly known as the Midnight Judges Act, but that proved to be highly controversial as the Act took effect with only 19 days remaining in John Adams's Federalist administration. Before the oppositional Democratic-Republican administration of Thomas Jefferson took power, Adams took advantage of the Act to nominate several new federal judges expected to support the Federalist agenda. Although Jefferson also nominated a few judges, the Act was repealed after only one year because Jefferson feared the judiciary would become too powerful.

The same act also created the United States Circuit Court of the District of Columbia, a "circuit court" for the District of Columbia. This court had the same original jurisdiction and powers as the United States circuit courts but, unlike those courts, it continued to have its own judges even after the repeal of the Judiciary Act of 1801, and also exercised appellate jurisdiction over justices of the peace and other "local" courts of the District. The District of Columbia was not enumerated among the federal "circuits" at the time. This court was abolished in 1863.

Since each circuit court was initially staffed by sharing judges between the U.S. Supreme Court and each federal district court, the district court clerk usually acted as the circuit court clerk. This arrangement persisted for many years in most federal judicial districts, even after Congress authorized the appointment of circuit judges in 1869 and allowed such judges to appoint a clerk without the concurrence of the district court judge. [2]

Judges

Although any district court judge could be authorized to act as a circuit judge, only fifty judges solely designated as circuit court judges were ever appointed. These can be broadly categorized into four groups:

  1. Judges appointed pursuant to the Midnight Judges Act on or after February 20, 1801, and thereafter removed from office with the repeal of that Act on July 1, 1802.
  2. Judges appointed to the D.C. Circuit, abolished on March 3, 1863
  3. Judges appointed after 1869 pursuant to the Circuit Judges Act of 1869; those in office on June 16, 1891 were transferred to the newly created United States courts of appeals by operation of law, that is, without action on the part of the President.
  4. One judge appointed to the California circuit, established in 1855 and abolished on March 3, 1863.

Three circuit court judges, Samuel M. Blatchford, David Josiah Brewer, and William Burnham Woods, were later appointed to the Supreme Court.

Circuit court judges appointed pursuant to the Midnight Judges Act

Judge [3] CircuitBegan serviceEnded serviceAppointed by
Richard Bassett ThirdFebruary 20, 1801July 1, 1802 John Adams
Thomas Bee FifthDeclined John Adams
(as chief judge) [4]
Egbert Benson SecondFebruary 20, 1801July 1, 1802 John Adams
(as chief judge) [5]
Benjamin Bourne FirstFebruary 20, 1801July 1, 1802 John Adams
Joseph Clay FifthDeclined John Adams
William Griffith ThirdFebruary 20, 1801July 1, 1802 John Adams
Dominic Hall FifthJuly 1, 1801
Recess
July 1, 1802 Thomas Jefferson
Edward Harris FifthMay 3, 1802July 1, 1802 Thomas Jefferson
Samuel Hitchcock SecondFebruary 20, 1801July 1, 1802 John Adams
Jared Ingersoll ThirdDeclined John Adams
(as chief judge) [5]
Philip Key FourthFebruary 20, 1801July 1, 1802 John Adams
(as chief judge) [6]
Charles Lee FourthDeclined John Adams
(as chief judge) [5]
John Lowell FirstFebruary 20, 1801May 6, 1802 John Adams
(as chief judge) [5]
Charles Magill FourthMarch 3, 1801July 1, 1802 John Adams
William McClung SixthFebruary 20, 1801July 1, 1802 John Adams
Henry Potter FifthMay 9, 1801
Recess
April 7, 1802 Thomas Jefferson
John Sitgreaves FifthDeclined John Adams
Jeremiah Smith FirstFebruary 20, 1801July 1, 1802 John Adams
George Taylor FourthFebruary 20, 1801July 1, 1802 John Adams
William Tilghman ThirdMarch 3, 1801July 1, 1802 John Adams
(as chief judge) [7]
Oliver Wolcott SecondFebruary 20, 1801July 1, 1802 John Adams

Judges of the D.C. Circuit

JudgeCircuitBegan serviceEnded serviceAppointed by
William Cranch D.C. February 28, 1801February 24, 1806 John Adams
February 24, 1806September 1, 1855 Thomas Jefferson
(as chief judge) [note 1]
Allen Duckett D.C. March 17, 1806July 19, 1809 Thomas Jefferson
James Dunlop D.C. October 3, 1845
Recess
November 27, 1855 James Polk
November 27, 1855
Recess
March 3, 1863 Franklin Pierce
(as chief judge) [note 1]
Nicholas Fitzhugh D.C. November 25, 1803December 31, 1814 Thomas Jefferson
Thomas Johnson D.C. Declined John Adams
(as chief judge) [8]
William Kilty D.C. March 23, 1801
Recess
January 27, 1806 Thomas Jefferson
(as chief judge)
James Marshall D.C. March 3, 1801November 16, 1803 John Adams
William Merrick D.C. December 14, 1855March 3, 1863 Franklin Pierce
James Morsell D.C. January 11, 1815March 3, 1863 James Madison
Buckner Thruston D.C. December 14, 1809August 30, 1845 James Madison

Circuit court judges appointed pursuant to the 1869 Act

JudgeCircuitBegan serviceEnded serviceAppointed by
Marcus Acheson ThirdFebruary 3, 1891June 16, 1891 [note 2] Benjamin Harrison
John Baxter SixthDecember 13, 1877April 2, 1886 Rutherford Hayes
Samuel Blatchford SecondMarch 4, 1878March 22, 1882 Rutherford Hayes
Hugh Bond FourthJuly 13, 1870June 16, 1891 [note 2] Ulysses Grant
David Brewer EighthMarch 31, 1884December 18, 1889 Chester Arthur
Henry Caldwell EighthMarch 4, 1890June 16, 1891 [note 2] Benjamin Harrison
LeBaron Colt FirstJuly 5, 1884June 16, 1891 [note 2] Chester Arthur
John Dillon EighthDecember 22, 1869September 1, 1879 Ulysses Grant
Thomas Drummond SeventhDecember 22, 1869July 18, 1884 Ulysses Grant
Halmer Emmons SixthJanuary 17, 1870May 14, 1877 Ulysses Grant
Walter Gresham SeventhOctober 28, 1884
Recess
June 16, 1891 [note 2] Chester Arthur
Howell Jackson SixthApril 12, 1886June 16, 1891 [note 2] Grover Cleveland
Alexander Johnson SecondOctober 25, 1875
Recess
January 26, 1878 Ulysses Grant
Emile Lacombe SecondMay 26, 1887
Recess
June 16, 1891 [note 2] Grover Cleveland
John Lowell FirstDecember 18, 1878May 1, 1884 Rutherford Hayes
George McCrary EighthDecember 9, 1879March 18, 1884 Rutherford Hayes
William McKennan ThirdDecember 22, 1869January 3, 1891 Ulysses Grant
Don Pardee FifthMay 13, 1881June 16, 1891 [note 2] James Garfield
Lorenzo Sawyer NinthJanuary 10, 1870June 16, 1891 [note 2] Ulysses Grant
George Shepley FirstDecember 22, 1869July 20, 1878 Ulysses Grant
William Wallace SecondApril 16, 1882June 16, 1891 [note 2] Chester Arthur
Lewis Woodruff SecondDecember 22, 1869September 10, 1875 Ulysses Grant
William Woods FifthDecember 22, 1869December 23, 1880 Ulysses Grant

Circuit court judge of California

JudgeCircuitBegan serviceEnded serviceAppointed by
Matthew McAllister CaliforniaMarch 3, 1855January 12, 1863 Franklin Pierce

See also

Explanatory notes

  1. 1 2 Because of the unique structure of the United States Circuit Court for the District of Columbia, the elevation of a sitting judge of the Court to chief judge of the Court is considered a separate appointment.
  2. 1 2 3 4 5 6 7 8 9 10 Transferred to the corresponding Court of Appeals by operation of law.

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References

  1. 1 2 3 Glick, Joshua (April 2003). "Comment: On the Road: The Supreme Court and the History of Circuit Riding". Cardozo Law Review.
  2. Messinger, I. Scott (2002). Order in the Courts: A History of the Federal Court Clerk's Office. Washington, D.C.: Federal Judicial Center. p. 18.
  3. After Midnight: The Circuit Judges and the Repeal of the Judiciary Act of 1801
  4. From John Adams to United States Senate, 21 February 1801
  5. 1 2 3 4 From John Adams to United States Senate, 18 February 1801
  6. From John Adams to United States Senate, 25 February 1801
  7. From John Adams to United States Senate, 26 February 1801
  8. From John Adams to United States Senate, 28 February 1801