United States Court of Appeals for the Fifth Circuit

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The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:

• Eastern District of Louisiana
• Middle District of Louisiana
• Western District of Louisiana
• Northern District of Mississippi
• Southern District of Mississippi
• Eastern District of Texas
• Northern District of Texas
• Southern District of Texas
• Western District of Texas

The court is composed of seventeen active judges and is based at the John Minor Wisdom U.S. Courthouse in New Orleans, Louisiana. It is one of thirteen United States courts of appeals.

Contents 1 History of the court 1.1 The Fifth Circuit Four 1.2 Hurricane Katrina 2 Current composition of the court 3 Pending nominations 4 List of former judges 5 Chief judges 6 Succession of seats 7 See also 8 Notes 9 References 10 External links 11 Navigation

[edit] History of the court

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.

On October 1, 1981, under Public Law 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 as the Canal Zone transferred to Panamanian control.

[edit] The Fifth Circuit Four

During the late 1950s, Chief Judge Elbert Tuttle and his three colleagues John Minor Wisdom, John Brown, and Richard Rives 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 opposed by Ben Cameron.

[edit] 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, but the court has now returned to normal operations in New Orleans.

[edit] Current composition of the court

As of the Senate confirmation of Catharina Haynes on April 10, 2008, the judges on the court are:

#	Title	Judge	Duty station	Born	Term of service			Appointed by
					Active	Chief	Senior
63	Chief Judge	Edith H. Jones	Houston, TX	1949	1985–present	2006–present	—	Reagan
51	Circuit Judge	Carolyn Dineen King[1]	Houston, TX	1938	1979–present	1999–2006	—	Carter
60	Circuit Judge	E. Grady Jolly	Jackson, MS	1937	1982–present	(none)	—	Reagan
61	Circuit Judge	W. Eugene Davis	Lafayette, LA	1936	1983–present	(none)	—	Reagan
64	Circuit Judge	Jerry Edwin Smith	Houston, TX	1946	1987–present	(none)	—	Reagan
66	Circuit Judge	Rhesa Hawkins Barksdale	Jackson, MS	1944	1990–present	(none)	—	G.H.W. Bush
67	Circuit Judge	Jacques L. Wiener, Jr.	New Orleans, LA	1934	1990–present	(none)	—	G.H.W. Bush
68	Circuit Judge	Emilio M. Garza	San Antonio, TX	1947	1991–present	(none)	—	G.H.W. Bush
70	Circuit Judge	Fortunato Benavides	Austin, TX	1947	1994–present	(none)	—	Clinton
71	Circuit Judge	Carl E. Stewart	Shreveport, LA	1950	1994–present	(none)	—	Clinton
73	Circuit Judge	James L. Dennis	New Orleans, LA	1936	1995–present	(none)	—	Clinton
74	Circuit Judge	Edith Brown Clement	New Orleans, LA	1948	2001–present	(none)	—	G.W. Bush
75	Circuit Judge	Edward C. Prado	San Antonio, TX	1947	2003–present	(none)	—	G.W. Bush
77	Circuit Judge	Priscilla Owen	Austin, TX	1954	2005–present	(none)	—	G.W. Bush
78	Circuit Judge	Jennifer Walker Elrod	Houston, TX	1966	2007-present	(none)	—	G.W. Bush
79	Circuit Judge	Leslie H. Southwick	Jackson, MS	1950	2007-present	(none)	—	G.W. Bush
80	Circuit Judge	Catharina Haynes	Dallas, TX	1963	2008-present	(none)	—	G.W. Bush
53	Senior Circuit Judge	Thomas Morrow Reavley	Houston, TX	1921	1979–1990	(none)	1990–present	Carter
58	Senior Circuit Judge	William Lockhart Garwood	Austin, TX	1931	1981–1997	(none)	1997–present	Reagan
59	Senior Circuit Judge	Patrick Higginbotham	Austin, TX	1938	1982–2006	(none)	2006–present	Reagan
65	Senior Circuit Judge	John Malcolm Duhé, Jr.	Lafayette, LA	1933	1988–1999	(none)	1999–present	Reagan
69	Senior Circuit Judge	Harold R. DeMoss, Jr.	Houston, TX	1930	1991–2007	(none)	2007-present	G.H.W. Bush

[edit] Pending nominations

• None

[edit] List of former judges

#	Judge	State	Born/Died	Active service	Term as Chief Judge	Senior status	Appointed by	Reason for termination
1	Pardee, Don AlbertDon Albert Pardee	LA	1837–1919	1891–1919	(none)	(none)	[2]	death
2	McCormick, Andrew PhelpsAndrew Phelps McCormick	TX	1832–1916	1892–1916	(none)	(none)	B. Harrison	death
3	Shelby, David DavieDavid Davie Shelby	AL	1847–1914	1899–1914	(none)	(none)	McKinley	death
4	Walker, Jr., Richard WildeRichard Wilde Walker, Jr.	AL	1857–1936	1914–1930	(none)	1930–1936	Wilson	death
5	Batts, Robert LynnRobert Lynn Batts	TX	1864–1935	1917–1919	(none)	(none)	Wilson	resignation
6	Bryan, Nathan P.Nathan P. Bryan	FL	1872–1935	1920–1935	(none)	(none)	Wilson	death
7	King, Alexander CampbellAlexander Campbell King	GA	1856–1926	1920–1924	(none)	(none)	Wilson	resignation
8	Foster, Rufus EdwardRufus Edward Foster	LA	1871–1942	1925–1942	(none)	(none)	Coolidge	death
9	Sibley, Samuel HaleSamuel Hale Sibley	GA	1873–1958	1931–1949	(none)	1949–1958	Hoover	death
10	Hutcheson, Jr., Joseph ChappellJoseph Chappell Hutcheson, Jr.	TX	1879–1973	1931–1964	1948–1959	1964–1973	Hoover	death
11	Holmes, Edwin RuthvenEdwin Ruthven Holmes	MS	1878–1961	1936–1954	(none)	1954–1961	F. Roosevelt	death
12	McCord, Leon ClarenceLeon Clarence McCord	AL	1878–1952	1938–1951	(none)	1951–1952	F. Roosevelt	death
13	Waller, Curtis LonginoCurtis Longino Waller	FL	1887–1950	1943–1950	(none)	(none)	F. Roosevelt	death
14	Lee, Elmo PearceElmo Pearce Lee	LA	1882–1949	1943–1949	(none)	(none)	F. Roosevelt	death
15	Borah, Wayne G.Wayne G. Borah	LA	1891–1966	1949–1956	(none)	1956–1966	Truman	death
16	Russell, Robert LeeRobert Lee Russell	GA	1900–1955	1949–1955	(none)	(none)	Truman	death
17	Strum, Louie WillardLouie Willard Strum	FL	1890–1954	1950–1954	(none)	(none)	Truman	death
18	Rives, RichardRichard Rives	AL	1895–1982	1951–1966	1959–1960	1966–1981	Truman	reassignment to 11th Circuit
19	Tuttle, ElbertElbert Tuttle	GA	1897–1996	1954–1968	1960–1967	1968–1981	Eisenhower	reassignment to 11th Circuit
20	Cameron, Benjamin FranklinBenjamin Franklin Cameron	MS	1890–1964	1955–1964	(none)	(none)	Eisenhower	death
21	Jones, Warren LeroyWarren Leroy Jones	FL	1895–1993	1955–1966	(none)	1966–1981	Eisenhower	reassignment to 11th Circuit
22	Brown, John RobertJohn Robert Brown	TX	1909–1984	1955–1984	1967–1979	1984–1993	Eisenhower	death
23	Wisdom, John MinorJohn Minor Wisdom	LA	1905–1999	1957–1977	(none)	1977–1999	Eisenhower	death
24	Bell, GriffinGriffin Bell	GA	1918–present	1961[3]–1976	(none)	(none)	Kennedy	resignation
25	Gewin, Walter PettusWalter Pettus Gewin	AL	1908–1981	1961[3]–1976	(none)	1976–1981	Kennedy	death
26	Thornberry, William HomerWilliam Homer Thornberry	TX	1909–1995	1965–1978	(none)	1978–1995	L. Johnson	death
27	Coleman, James PlemonJames Plemon Coleman	MS	1914–1991	1965–1981	1979–1981	1981–1984	L. Johnson	resignation
28	Ainsworth, Jr., Robert AndrewRobert Andrew Ainsworth, Jr.	LA	1910–1981	1966–1981	(none)	(none)	L. Johnson	death
29	Godbold, John CooperJohn Cooper Godbold	AL	1920–present	1966–1981	1981–1981	(none)	L. Johnson	reassignment to 11th Circuit
30	Goldberg, Irving LoebIrving Loeb Goldberg	TX	1906–1995	1966–1980	(none)	1980–1995	L. Johnson	death
31	Dyer, David WilliamDavid William Dyer	FL	1910–1998	1966–1976	(none)	1976–1981	L. Johnson	reassignment to 11th Circuit
32	Simpson, John Milton BryanJohn Milton Bryan Simpson	FL	1903–1987	1966–1975	(none)	1975–1981	L. Johnson	reassignment to 11th Circuit
33	Clayton, Claude FeemsterClaude Feemster Clayton	MS	1909–1969	1967–1969	(none)	(none)	L. Johnson	death
34	Morgan, Lewis RenderLewis Render Morgan	GA	1913–2001	1968–1978	(none)	1978–1981	L. Johnson	reassignment to 11th Circuit
35	Carswell, HaroldHarold Carswell	FL	1919–1992	1969–1970	(none)	(none)	Nixon	resignation
36	Clark, CharlesCharles Clark	MS	1925–present	1969–1992	1981–1992	(none)	Nixon	retirement
37	Ingraham, Joe McDonaldJoe McDonald Ingraham	TX	1903–1990	1969–1973	(none)	1973–1990	Nixon	death
38	Roney, Paul HitchPaul Hitch Roney	FL	1921–present	1970–1981	(none)	(none)	Nixon	reassignment to 11th Circuit
39	Gee, Thomas GibbsThomas Gibbs Gee	TX	1925–1994	1973–1991	(none)	(none)	Nixon	retirement
40	Tjoflat, Gerald BardGerald Bard Tjoflat	FL	1929–present	1975–1981	(none)	(none)	Ford	reassignment to 11th Circuit
41	Hill, James ClinkscalesJames Clinkscales Hill	GA	1924–present	1976–1981	(none)	(none)	Ford	reassignment to 11th Circuit
42	Fay, Peter ThorpPeter Thorp Fay	FL	1929–present	1976–1981	(none)	(none)	Ford	reassignment to 11th Circuit
43	Rubin, Alvin BenjaminAlvin Benjamin Rubin	LA	1920–1991	1977–1989	(none)	1989–1991	Carter	death
44	Vance, Robert SmithRobert Smith Vance	AL	1931–1989	1977–1981	(none)	(none)	Carter	reassignment to 11th Circuit
45	Kravitch, Phyllis A.Phyllis A. Kravitch	GA	1920–present	1979–1981	(none)	(none)	Carter	reassignment to 11th Circuit
46	Johnson, Frank MinisFrank Minis Johnson	AL	1918–1999	1979–1981	(none)	(none)	Carter	reassignment to 11th Circuit
47	Anderson III, R. LanierR. Lanier Anderson III	GA	1936–present	1979–1981	(none)	(none)	Carter	reassignment to 11th Circuit
48	Garza, Reynaldo GuerraReynaldo Guerra Garza	TX	1915–2004	1979–1982	(none)	1982–2004	Carter	death
49	Hatchett, Joseph WoodrowJoseph Woodrow Hatchett	FL	1932–present	1979–1981	(none)	(none)	Carter	reassignment to 11th Circuit
50	Henderson, Albert JohnAlbert John Henderson	GA	1920–1999	1979–1981	(none)	(none)	Carter	reassignment to 11th Circuit
52	Politz, Henry AnthonyHenry Anthony Politz	LA	1932–2002	1979–1999	1992–1999	1999–2002	Carter	death
54	Johnson, Jr., Samuel D.Samuel D. Johnson, Jr.	TX	1920–2002	1979–1991	(none)	1991–2002	Carter	death
55	Tate, Jr., AlbertAlbert Tate, Jr.	LA	1920–1986	1979–1986	(none)	(none)	Carter	death
56	Clark, Thomas AlonzoThomas Alonzo Clark	GA	1920–present	1979–1981	(none)	(none)	Carter	reassignment to 11th Circuit
57	Williams, Jerre StocktonJerre Stockton Williams	TX	1916–1993	1980–1990	(none)	1990–1993	Carter	death
62	Hill, Robert MaddenRobert Madden Hill	TX	1928–1987	1984–1987	(none)	(none)	Reagan	death
72	Parker, Robert ManleyRobert Manley Parker	TX	1937–present	1994–2002	(none)	(none)	Clinton	retirement
76	Pickering, Charles W.Charles W. Pickering	MS	1937–present	2004[4]–2004	(none)	(none)	G.W. Bush	retirement

[edit] Chief judges

Chief Judge Hutcheson 1948–1959 Rives 1959–1960 Tuttle 1960–1967 Brown 1967–1979 Coleman 1979–1981 Godbold 1981–1981 C. Clark 1981–1992 Politz 1992–1999 C. King 1999–2006 Jones 2006–present

In order to qualify for the office of Chief Judge, 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 in the office of Chief Judge 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. Unlike the Chief Justice of the United States, a Chief Judge returns to active service after the expiration of his or her term and does not create a vacancy on the bench by the fact of his or her promotion. See 28 U.S.C. § 45.

The above rules have applied since October 1, 1982. The office of Chief Judge was created in 1948 and until August 6, 1959 was filled by 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. From then until 1982 it was filled by the senior such judge who had not turned 70.

[edit] 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 filled. Judges who retire into senior status remain on the bench but leave their seat vacant. That seat is filled by the next circuit judge appointed by the President.

Seat 1 Established on December 10, 1869 by the Judiciary Act of 1869 as a circuit judgeship for the Fifth Circuit Reassigned to the United States Circuit Court of Appeals for the Fifth Circuit by the Judiciary Act of 1891 Pardee LA 1891–1919 A. King GA 1920–1924 Foster LA 1925–1942 Lee LA 1943–1949 Borah LA 1949–1956 Wisdom LA 1957–1977 Rubin LA 1977–1989 Barksdale MS 1990–present

Seat 2 Established on June 16, 1891 by the Judiciary Act of 1891 McCormick TX 1892–1916 Batts TX 1917–1919 Bryan FL 1920–1935 Holmes MS 1936–1954 Cameron MS 1955–1964 Coleman MS 1965–1981 Jolly MS 1982–present

Seat 3 Established on January 25, 1899 by 30 Stat. 803 Shelby AL 1899–1914 Walker AL 1914–1930 Sibley GA 1931–1949 Russell GA 1949–1955 Brown TX 1955–1984 R. Hill TX 1984–1987 Wiener LA 1990–present

Seat 4 Established on June 10, 1930 by 46 Stat. 538 Hutcheson TX 1931–1964 Thornberry TX 1965–1978 R. Garza TX 1979–1982 Higginbotham TX 1982–2006 Elrod TX 2007–present

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 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 9 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 10 Established as a temporary judgeship on March 18, 1966 by 80 Stat. 75 Made permanent on June 18, 1968 by 82 Stat. 184 Ainsworth LA 1966–1981 Davis LA 1983–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 Goldberg TX 1966–1980 Williams TX 1980–1990 DeMoss TX 1991–2007 Haynes TX 2008-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–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 15 Established on June 18, 1968 by 82 Stat. 184 Ingraham TX 1969–1973 Gee TX 1973–1991 Benavides TX 1994–present

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 Anderson 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 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 19 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 20 Established on October 20, 1978 by 92 Stat. 1629 C. King TX 1979–present

Seat 21 Established on October 20, 1978 by 92 Stat. 1629 Politz LA 1979–1999 Pickering MS 2004–2004 Southwick MS 2007–present

Seat 22 Established on October 20, 1978 by 92 Stat. 1629 Reavley TX 1979–1990 E. Garza TX 1991–present

Seat 23 Established on October 20, 1978 by 92 Stat. 1629 S. Johnson TX 1979–1991 Parker TX 1994–2002 Prado TX 2003–present

Seat 24 Established on October 20, 1978 by 92 Stat. 1629 Tate LA 1979–1986 Duhé LA 1988–1999 Clement LA 2001–present

Seat 25 Established on October 20, 1978 by 92 Stat. 1629 T. Clark GA 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 Owen 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

[edit] See also

• Federal judicial appointment history#Fifth Circuit

[edit] Notes

1. ^ Prior to January 1, 1988, King was named Carolyn Dineen Randall.
2. ^ Pardee was appointed as a circuit judge for the Fifth Circuit in 1881 by James A. Garfield. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Fifth Circuit.
3. ^ ^{a b} Recess appointment, confirmed by the Senate at a later date.
4. ^ Recess appointment, never confirmed or rejected by the Senate.

[edit] References

Books

• Bass, Jack (1990). Unlikely Heroes. University of Alabama Press. ISBN 0-8173-0491-6. 
  • a journalist's history of the Fifth Circuit's struggles with state officials determined to resist desegregation.

Web references

• Standard Search. Federal Law Clerk Information System. Retrieved on June 19, 2005.
  • primary but incomplete source for the duty stations
• Instructions for Judicial Directory. Website of the University of Texas Law School. Retrieved on July 4, 2005.
  • secondary source for the duty stations
  • data is current to 2002
  • Judge Owen's duty station comes from a third source
• U. S. Court of Appeals for the Fifth Circuit. Official website of the Federal Judicial Center. Retrieved on June 19, 2005.
  • source for the state, lifetime, term of active judgeship, term of chief judgeship, term of senior judgeship, appointer, termination reason, and seat information

[edit] External links

• United States Court of Appeals for the Fifth Circuit
• Recent opinions from FindLaw

[edit] Navigation

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