The examples and perspective in this article may not represent a worldwide view of the subject.(August 2010) |
A visiting judge is a judge appointed to hear a case as a member of a court to which he or she does not ordinarily belong. In United States federal courts, this is referred to as an assignment "by designation" of the Chief Justice of the United States (for inter-circuit assignments) or the Circuit Chief Judge (for intra-circuit assignments), and is authorized by 28 U.S.C. § 292 (for active district judges) or 28 U.S.C. § 294 (for retired justices and judges). [1] [2]
In many United States Courts of Appeals it is not uncommon for a district judge to sit on a panel as a visiting judge; less frequently it is a judge from another circuit (in active service or, more commonly, in senior status). Retired Supreme Court justices have done the same, including Justices Sandra Day O'Connor [3] and David Souter, and very unusually, sitting justices (in 1984, for example, Justice William Rehnquist served as a visiting judge for a jury trial in the United States District Court for the Eastern District of Virginia [4] ). This is sometimes done to ease caseload pressures, and sometimes (as in Rehnquist's case) for experience. [5] In other cases, notably those of some judges in senior status, the individual may sit in a different court for personal reasons (such as sitting in areas popular with retirees such as Florida or in a person's hometown).[ citation needed ]
The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. They hear appeals of cases from the United States district courts and some U.S. administrative agencies, and their decisions can be appealed to the Supreme Court of the United States. The courts of appeals are divided into 13 "Circuits". Eleven of the circuits are numbered "First" through "Eleventh" and cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders. The District of Columbia Circuit covers only Washington, DC. The Federal Circuit hears appeals from federal courts across the entire United States in cases involving certain specialized areas of law.
The United States Court of Appeals for the Ninth Circuit is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts:
The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York, and Vermont, and it has appellate jurisdiction over the U.S. district courts in the following federal judicial districts:
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:
The United States Court of Appeals for the Seventh Circuit is the U.S. federal court with appellate jurisdiction over the courts in the following districts:
The United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:
The United States Court of Appeals for the Eleventh Circuit is a federal appellate court over the following U.S. district courts:
In the United States, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Such judges include the chief justice and associate justices of the U.S. Supreme Court, circuit judges of the U.S. Courts of Appeals, district judges of the U.S. District Courts, and judges of the U.S. Court of International Trade. These judges are often called "Article Three judges".
The United States Court of Appeals for the Federal Circuit is one of the 13 United States courts of appeals. It has appellate jurisdiction over certain categories of specialized cases in the U.S. federal court system. Specifically, it has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademark registrations, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other types of cases. The Federal Circuit has no jurisdiction over criminal, bankruptcy, immigration, or U.S. state law cases. It is headquartered at the Howard T. Markey National Courts Building in Washington, DC.
Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and have served at least 10 years, and the sum of the judge's age and years of service as a federal judge must be at least 80 years. As long as senior judges carry at least a 25 percent caseload or meet other criteria for activity, they remain entitled to maintain a staffed office and chambers, including a secretary and their normal complement of law clerks, and they continue to receive annual cost-of-living increases. The president may appoint new full-time judges to fill the vacancies in full-time judgeships caused by senior status.
Edith Brown Clement is a senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit, based in New Orleans, Louisiana.
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. The procedures of the Court are governed by the U.S. Constitution, various federal statutes, and its own internal rules. Since 1869, the Court has consisted of one chief justice and eight associate justices. Justices are nominated by the president, and with the advice and consent (confirmation) of the U.S. Senate, appointed to the Court by the president. Once appointed, justices have lifetime tenure unless they resign, retire, or are removed from office.
Stephen Hale Anderson is an inactive Senior United States circuit judge of the United States Court of Appeals for the Tenth Circuit.
David Alan Ezra is a senior United States district judge of the United States District Court for the District of Hawaii. Since January 2013, Ezra has been designated by the Chief Justice of the United States Supreme Court to serve on the United States District Court for the Western District of Texas, San Antonio and Austin Divisions to help ease the heavy workload for the federal judges in Texas. Judge Ezra is often designated to sit on the United States Court of Appeals for the Ninth Circuit where he holds the record for the most designated sittings of any judge in that Court’s history.
Connecticut National Bank v. Germain, 503 U.S. 249 (1992), was a case in which the Supreme Court of the United States held that an interlocutory order of a district court, sitting as an appellate court in a bankruptcy case, is in turn reviewable by the court of appeals when authorized under 28 U.S.C. § 1292. Although the Justices were unanimous in deciding the specific statutory interpretation issue concerning bankruptcy appeals that the case presented, they disagreed on the extent to which it was appropriate to refer to the legislative history of the statute in resolving the case.
A United States federal district judge's anecdotal description of the designation process: Let's say you are prosecuting or defending a criminal or civil case in your local federal district court, and, out of the blue, your case get reassigned. Not only do you have new judge, but the new judge is a senior status district judge from far away.... How does that happen? Here's a primer.