Tags : Reverted Mobile edit Mobile web edit
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| appeals_from7 = Southern District of Texas
| appeals_from7 = Southern District of Texas
| appeals_from8 = Western District of Texas
| appeals_from8 = Western District of Texas
| appeals_to = [[Supreme Court of the United States]]
| established = June 16, 1891
| established = June 16, 1891
| judges_assigned = 17
| judges_assigned = 17
Current United States federal appellate court
The United States Court of Appeals for the Fifth Circuit (in case citations , 5th Cir. ) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts :
The Fifth Circuit has 17 active judgeships, and is headquartered at the John Minor Wisdom United States Court of Appeals Building in New Orleans, Louisiana , with the clerk's office located at the F. Edward Hebert Federal Building in New Orleans.[ 1]
Originally, the Fifth Circuit also included the federal district courts in Alabama , Georgia , and Florida . In 1981, the district courts for those states were transferred to the newly created U.S. Court of Appeals for the Eleventh Circuit .
History of the court
The John Minor Wisdom U.S. Courthouse , home of the Fifth Circuit, New Orleans.
This court was created by the Evarts Act on June 16, 1891, which moved the circuit judges and appellate jurisdiction from the Circuit Courts of the Fifth Circuit to this court. At the time of its creation, the Fifth Circuit covered Florida , Georgia , Alabama , Mississippi , Louisiana , and Texas .
On June 25, 1948, the Panama Canal Zone was added to the Fifth Circuit by 62 Stat. 870. The Fifth Circuit gained appellate jurisdiction over the United States District Court for the Canal Zone .
On October 1, 1981, under Pub. L. Tooltip Public Law (United States) 96–452 , the Fifth Circuit was split: Alabama, Georgia, and Florida were moved to the new Eleventh Circuit .
On March 31, 1982, the Fifth Circuit lost jurisdiction over the Panama Canal Zone, which was transferred to Panamanian control.
The Fifth Circuit Four
Starting in the late 1950s, judges Elbert Parr Tuttle (chief judge 1960–67), John Minor Wisdom , John R. Brown (chief judge 1967–79), and Richard T. Rives (chief judge 1959–60) became known as the "Fifth Circuit Four ", or simply "The Four", for decisions crucial in advancing the civil rights of African Americans . In this, they were usually opposed by their fellow Fifth Circuit Judge, Benjamin F. Cameron of Mississippi, until his death in 1964.[ 2]
Hurricane Katrina
Hurricane Katrina struck New Orleans on August 29, 2005, devastating the city and slightly damaging the John Minor Wisdom Courthouse. All deadlines concerning filings were extended. The court temporarily relocated its administrative operations to Houston, and returned to normal operations in New Orleans in March 2007.[citation needed ]
Current composition of the court
As of December 8, 2023[update] :
#
Titel
Judge
Duty station
Born
Term of service
Appointed by
Active
Chief
Senior
77
Chief Judge
Priscilla Richman
Austin, TX
1954
2005–present
2019–present
—
G.W. Bush
63
Circuit Judge
Edith Jones
Houston, TX
1949
1985–present
2006–2012
—
Reagan
64
Circuit Judge
Jerry Edwin Smith
Houston, TX
1946
1987–present
—
—
Reagan
71
Circuit Judge
Carl E. Stewart
Shreveport, LA
1950
1994–present
2012–2019
—
Clinton
78
Circuit Judge
Jennifer Walker Elrod
Houston, TX
1966
2007–present
—
—
G.W. Bush
79
Circuit Judge
Leslie H. Southwick
Jackson, MS
1950
2007–present
—
—
G.W. Bush
80
Circuit Judge
Catharina Haynes
Dallas, TX
1963
2008–present
—
—
G.W. Bush
81
Circuit Judge
James E. Graves Jr.
Jackson, MS
1953
2011–present
—
—
Obama
82
Circuit Judge
Stephen A. Higginson
New Orleans, LA
1961
2011–present
—
—
Obama
84
Circuit Judge
Don Willett
Austin, TX
1966
2018–present
—
—
Trump
85
Circuit Judge
James C. Ho
Dallas, TX
1973
2018–present
—
—
Trump
86
Circuit Judge
Kyle Duncan
Baton Rouge, LA
1972
2018–present
—
—
Trump
87
Circuit Judge
Kurt D. Engelhardt
New Orleans, LA
1960
2018–present
—
—
Trump
88
Circuit Judge
Andrew Oldham
Austin, TX
1978
2018–present
—
—
Trump
89
Circuit Judge
Cory T. Wilson
Jackson, MS
1970
2020–present
—
—
Trump
90
Circuit Judge
Dana Douglas
New Orleans, LA
1975
2022–present
—
—
Biden
91
Circuit Judge
Irma Carrillo Ramirez
Dallas, TX
1964
2023–present
—
—
Biden
51
Senior Circuit Judge
Carolyn Dineen King
Houston, TX
1938
1979–2013
1999–2006
2013–present
Carter
59
Senior Circuit Judge
E. Grady Jolly
Jackson, MS
1937
1982–2017
—
2017–present
Reagan
60
Senior Circuit Judge
Patrick Higginbotham
San Antonio, TX
1938
1982–2006
—
2006–present
Reagan
61
Senior Circuit Judge
W. Eugene Davis
New Orleans, LA
1936
1983–2016
—
2016–present
Reagan
65
Senior Circuit Judge
John M. Duhé Jr.
inactive
1933
1988–1999
—
1999–present
Reagan
66
Senior Circuit Judge
Jacques L. Wiener Jr.
New Orleans, LA
1934
1990–2010
—
2010–present
G.H.W. Bush
67
Senior Circuit Judge
Rhesa Barksdale
Jackson, MS
1944
1990–2009
—
2009–present
G.H.W. Bush
73
Senior Circuit Judge
James L. Dennis
New Orleans, LA
1936
1995–2022
—
2022–present
Clinton
74
Senior Circuit Judge
Edith Brown Clement
New Orleans, LA
1948
2001–2018
—
2018–present
G.W. Bush
Chief judges
Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless the circuit justice (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, with seniority determined first by commission date, then by age. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. If no judge qualifies to be chief, the youngest judge over the age of 65 who has served on the court for at least one year shall act as chief until another judge qualifies. If no judge has served on the court for more than a year, the most senior judge shall act as chief. Judges can forfeit or resign their chief judgeship or acting chief judgeship while retaining their active status as a circuit judge.[ 4]
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.[ 5]
Succession of seats
The court has had 29 seats for active judges. Twelve of these seats were reassigned to the United States Court of Appeals for the Eleventh Circuit , leaving a seventeen-seat court. The seats are 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.
Seat 5
Established on May 31, 1938 by 52 Stat. 584
McCord
AL
1938–1951
Rives
AL
1951–1966
Godbold
AL
1966–1981
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 6
Established on December 14, 1942 by 56 Stat. 1050
Waller
FL
1943–1950
Strum
FL
1950–1954
W. Jones
FL
1955–1966
Dyer
FL
1966–1976
Fay
FL
1976–1981
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 7
Established on February 10, 1954 by 68 Stat. 8
Tuttle
GA
1954–1968
Morgan
GA
1968–1978
Kravitch
GA
1979–1981
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 8
Established on May 19, 1961 by 75 Stat. 80
Gewin
AL
1961–1976
Vance
AL
1977–1981
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 9
Established on May 19, 1961 by 75 Stat. 80
Bell
GA
1961–1976
J. Hill
GA
1976–1981
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 10
Established as a temporary judgeship on March 18, 1966 by 80 Stat. 75
Made permanent on June 18, 1968 by 82 Stat. 184
Goldberg
TX
1966–1980
Williams
TX
1980–1990
DeMoss, Jr.
TX
1991–2007
Haynes
TX
2008–present
Seat 11
Established as a temporary judgeship on March 18, 1966 by 80 Stat. 75
Made permanent on June 18, 1968 by 82 Stat. 184
Ainsworth Jr.
LA
1966–1981
Davis
LA
1983–2016
Duncan
LA
2018–present
Seat 12
Established as a temporary judgeship on March 18, 1966 by 80 Stat. 75
Made permanent on June 18, 1968 by 82 Stat. 184
Simpson
FL
1966–1975
Tjoflat
FL
1975–1981
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 13
Established as a temporary judgeship on March 18, 1966 by 80 Stat. 75
Made permanent on June 18, 1968 by 82 Stat. 184
Clayton
MS
1967–1969
C. Clark
MS
1969–1992
Dennis
LA
1995–2022
Douglas
LA
2022–present
Seat 14
Established on June 18, 1968 by 82 Stat. 184
Carswell
FL
1969–1970
Roney
FL
1970–1981
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 16
Established on October 20, 1978 by 92 Stat. 1629
F. Johnson
AL
1979–1981
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 17
Established on October 20, 1978 by 92 Stat. 1629
Henderson
GA
1979–1981
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 18
Established on October 20, 1978 by 92 Stat. 1629
Anderson III
GA
1979–1981
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 19
Established on October 20, 1978 by 92 Stat. 1629
C. King
TX
1979–2013
Ho
TX
2018–present
Seat 20
Established on October 20, 1978 by 92 Stat. 1629
Politz
LA
1979–1999
Pickering
MS
2004
Southwick
MS
2007–present
Seat 21
Established on October 20, 1978 by 92 Stat. 1629
Hatchett
FL
1979–1981
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 22
Established on October 20, 1978 by 92 Stat. 1629
Reavley
TX
1979–1990
E. Garza
TX
1991–2012
Willett
TX
2018–present
Seat 25
Established on October 20, 1978 by 92 Stat. 1629
T. Clark
FL
1979–1981
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 26
Established on October 20, 1978 by 92 Stat. 1629
Garwood
TX
1981–1997
Richman
TX
2005–present
Seat 27
Established on July 10, 1984 by 98 Stat. 333
E. Jones
TX
1985–present
Seat 28
Established on July 10, 1984 by 98 Stat. 333
Smith
TX
1987–present
Seat 29
Established on December 1, 1990 by 104 Stat. 5089
Stewart
LA
1994–present
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