United States Court of Appeals for the Second Circuit


United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
(2d Cir.)
Seal of the United States Court of Appeals for the Second Circuit
Location Thurgood Marshall United States Courthouse
New York City, New York
Appeals from
Established June 16, 1891
Chief judge Dennis G. Jacobs
Active judges José A. Cabranes
Rosemary S. Pooler
Robert Katzmann
Reena Raggi
Richard C. Wesley
Peter W. Hall
Debra Ann Livingston
Gerard E. Lynch
Denny Chin
Raymond Lohier, Jr.
Susan L. Carney
Senior judges Wilfred Feinberg
Jon Ormond Newman
Amalya Lyle Kearse
Richard J. Cardamone
Ralph K. Winter, Jr.
Roger Jeffrey Miner
John M. Walker, Jr.
Joseph Michael McLaughlin
Pierre N. Leval
Guido Calabresi
Chester J. Straub
Robert D. Sack
Barrington Daniels Parker, Jr.
Official site
Thurgood Marshall United States Courthouse at 40 Centre Street.

The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York, and Vermont, and the court has appellate jurisdiction over the district courts in the following districts:

The Second Circuit ordinarily has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse in Foley Square in lower Manhattan. Due to renovations at that building, during the summer of 2006 the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse in New York City across Pearl Street from the Marshall Courthouse. Some of the Court's offices, including the Office of Legal Affairs, have moved to the Woolworth Building for the duration of the renovations, which are expected to take several years.[1]

Contents

Current composition of the court

With 12 active and 12 senior judges, the Second Circuit is midsized among the thirteen United States courts of appeals.

Active

As of May 2011, the active judges on the court are as follows[2]:

# Judge Duty station[3][4] Born Appointed Chief Appointed by
50 Dennis G. Jacobs New York, NY 1944 1992 2006 G.H.W. Bush
53 José A. Cabranes New Haven, CT 1940 1994 Clinton
55 Rosemary S. Pooler Syracuse, NY 1938 1998 Clinton
59 Robert Katzmann New York, NY 1953 1999 Clinton
61 Reena Raggi Brooklyn, NY 1951 2002 G.W. Bush
62 Richard C. Wesley Geneseo, NY 1949 2003 G.W. Bush
63 Peter W. Hall Rutland, VT 1948 2004 G.W. Bush
64 Debra Ann Livingston New York, NY 1959 2007 G.W. Bush
65 Gerard E. Lynch New York, NY 1951 2009 Obama
66 Denny Chin New York, NY 1954 2010 Obama
67 Raymond Lohier, Jr. New York, NY 1965 2010 Obama
68 Susan L. Carney New Haven, CT 1951 2011 Obama
Vacant (seat 3)
Vacancies and pending nominations
Seat Seat Last Held By Vacancy Reason Date of Vacancy Nominee Date of Nomination
3 Guido Calabresi Assumed senior status July 21, 2009 Christopher F. Droney[5] May 4, 2011

Senior

Twelve former circuit judges continue to serve on senior status[2]:

# Judge Duty station[3][4] Born Active service Chief Senior
since
Appointed by
31 Wilfred Feinberg New York, NY 1920 1966–1991 1980–1988 1991 L. Johnson
39 Jon Ormond Newman Hartford, CT 1932 1979–1997 1993–1997 1997 Carter
40 Amalya Lyle Kearse New York, NY 1937 1979–2002 —— 2002 Carter
41 Richard J. Cardamone (inactive) 1925 1981–1993 —— 1993 Reagan
43 Ralph K. Winter, Jr. New Haven, CT 1935 1981–2000 1997–2000 2000 Reagan
45 Roger Jeffrey Miner Albany, NY 1934 1985–1997 —— 1997 Reagan
48 John M. Walker, Jr. New Haven, CT 1940 1989–2006 2000–2006 2006 G.H.W. Bush
49 Joseph Michael McLaughlin New York, NY 1933 1990–1998 —— 1998 G.H.W. Bush
51 Pierre N. Leval New York, NY 1936 1993–2002 —— 2002 Clinton
52 Guido Calabresi New Haven, CT 1932 1994–2009 —— 2009 Clinton
56 Chester J. Straub New York, NY 1937 1998–2008 —— 2008 Clinton
57 Robert D. Sack New York, NY 1939 1998–2009 —— 2009 Clinton
60 Barrington Daniels Parker, Jr. New York, NY 1944 2001–2009 —— 2009 G.W. Bush

List of former judges

Forty-three judges used to serve on the court, but no longer do[2]:

#
Judge
State
Born/Died
Active
Chief
Senior
Appointed by
Reason for
termination
1 Wallace, William JamesWilliam James Wallace NY 1837–1917 1891–1907 —— —— [6] retirement
2 Lacombe, Emile HenryEmile Henry Lacombe NY 1846–1924 1891–1916 —— —— [7] retirement
3 Shipman, NathanielNathaniel Shipman CT 1828–1906 1892–1902 —— —— Harrison, B.B. Harrison retirement
4 Townsend, William KneelandWilliam Kneeland Townsend CT 1849–1907 1902–1907 —— —— Roosevelt, T.T. Roosevelt death
5 Coxe, Sr., Alfred ConklingAlfred Conkling Coxe, Sr. NY 1847–1923 1902–1917 —— —— Roosevelt, T.T. Roosevelt retirement
6 Ward, Henry GalbraithHenry Galbraith Ward[8] NY 1851–1933 1907–1921 —— 1921–1924 Roosevelt, T.T. Roosevelt retirement
7 Noyes, Walter ChadwickWalter Chadwick Noyes[8] CT 1865–1926 1907–1913 —— —— Roosevelt, T.T. Roosevelt resignation
8 Rogers, Henry WadeHenry Wade Rogers CT 1853–1926 1913–1926 —— —— Wilson, Wilson death
9 Hough, Charles MerrillCharles Merrill Hough NY 1858–1927 1916–1927 —— —— Wilson, Wilson death
10 Manton, Martin ThomasMartin Thomas Manton NY 1880–1946 1918–1939 —— —— Wilson, Wilson resignation
11 Mayer, Julius MarshuetzJulius Marshuetz Mayer NY 1865–1925 1921–1924 —— —— Harding, Harding resignation
12 Hand, LearnedLearned Hand NY 1872–1961 1924–1951 1948–1951 1951–1961 Coolidge, Coolidge death
13 Swan, Thomas WalterThomas Walter Swan CT 1877–1975 1926–1953 1951–1953 1953–1975 Coolidge, Coolidge death
14 Hand, Augustus NobleAugustus Noble Hand NY 1869–1954 1927–1953 —— 1953–1954 Coolidge, Coolidge death
15 Chase, Harrie BrighamHarrie Brigham Chase VT 1889–1969 1929–1953 1953–1954 1954–1969 Coolidge, Coolidge death
16 Clark, Charles EdwardCharles Edward Clark CT 1889–1963 1939–1963 1954–1959 —— Roosevelt, F.F. Roosevelt death
17 Patterson, Sr., Robert PorterRobert Porter Patterson, Sr. NY 1891–1952 1939–1940 —— —— Roosevelt, F.F. Roosevelt resignation
18 Frank, Jerome NewJerome New Frank 1889–1957 1941–1957 —— —— Roosevelt, F.F. Roosevelt death
19 Medina, Harold RaymondHarold Raymond Medina NY 1888–1990 1951–1958 —— 1958–1980 Truman, Truman retirement
20 Hincks, Carroll ClarkCarroll Clark Hincks CT 1889–1964 1953–1959 —— 1959–1964 Eisenhower, Eisenhower death
21 Harlan II, John MarshallJohn Marshall Harlan II NY 1899–1971 1954–1955 —— —— Eisenhower, Eisenhower elevation to Supreme Court
22 Lumbard, Joseph EdwardJoseph Edward Lumbard NY 1901–1999 1955–1971 1959–1971 1971–1999 Eisenhower, Eisenhower death
23 Waterman, Sterry RobinsonSterry Robinson Waterman VT 1901–1984 1955–1970 —— 1970–1984 Eisenhower, Eisenhower death
24 Moore, Leonard PageLeonard Page Moore NY 1898–1982 1957–1971 —— 1971–1982 Eisenhower, Eisenhower death
25 Friendly, HenryHenry Friendly NY 1903–1986 1959–1974 1971–1973 1974–1986 Eisenhower, Eisenhower death
26 Smith, John JosephJohn Joseph Smith CT 1904–1980 1960–1971 —— 1971–1980 Eisenhower, Eisenhower death
27 Kaufman, IrvingIrving Kaufman NY 1910–1992 1961–1987 1973–1980 1987–1992 Kennedy, Kennedy death
28 Hays, Paul RaymondPaul Raymond Hays NY 1903–1980 1962–1974 —— 1974–1980 Kennedy, Kennedy death
29 Marshall, ThurgoodThurgood Marshall 1908–1993 1962–1965 —— —— Kennedy, Kennedy resignation to become
United States Solicitor General
30 Anderson, Robert PalmerRobert Palmer Anderson CT 1906–1978 1964–1971 —— 1971–1978 Johnson, L.L. Johnson death
32 Mansfield, Walter RoeWalter Roe Mansfield NY 1911–1987 1971–1981 —— 1981–1987 Nixon, Nixon death
33 Mulligan, William HughesWilliam Hughes Mulligan NY 1918–1996 1971–1981 —— —— Nixon, Nixon resignation
34 Oakes, James LowellJames Lowell Oakes VT 1924–2007 1971–1992 1988–1992 1992–2007 Nixon, Nixon death
35 Timbers, William HomerWilliam Homer Timbers CT 1915–1994 1971–1981 —— 1981–1994 Nixon, Nixon death
36 Gurfein, Murray IrwinMurray Irwin Gurfein NY 1907–1979 1974–1979 —— —— Nixon, Nixon death
37 Van Graafeiland, Ellsworth AlfredEllsworth Alfred Van Graafeiland NY 1915–2004 1974–1985 —— 1985–2004 Ford, Ford death
38 Meskill, Thomas JosephThomas Joseph Meskill CT 1928–2007 1975–1993 1992–1993 1993–2007 Ford, Ford death
42 Pierce, Lawrence WarrenLawrence Warren Pierce NY 1924– 1981–1990 —— 1990–1995 Reagan, Reagan retirement
44 Pratt, George CheneyGeorge Cheney Pratt NY 1928– 1982–1993 —— 1993–1995 Reagan, Reagan retirement
46 Altimari, Frank X.Frank X. Altimari NY 1928–1998 1985–1996 —— 1996–1998 Reagan, Reagan death
47 Mahoney, John DanielJohn Daniel Mahoney NY 1931–1996 1986–1996 —— —— Reagan, Reagan death
54 Parker, Fred I.Fred I. Parker VT 1938–2003 1994–2003 —— —— Clinton, Clinton death
58 Sotomayor, SoniaSonia Sotomayor NY 1954 1998–2009 —— —— Clinton, Clinton elevation to Supreme Court

Chief judges

Chief Judge
L. Hand 1948–1951
Swan 1951–1953
Chase 1953–1954
Clark 1954–1959
Lumbard 1959–1971
Friendly 1971–1973
Kaufman 1973–1980
Feinberg 1980–1988
Oakes 1988–1992
Meskill 1992–1993
Newman 1993–1997
Winter 1997–2000
Walker 2000–2006
Jacobs 2006–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 chief after turning 70 years old. The current rules have been in operation since October 1, 1982.

Succession of seats

The court has thirteen seats for active judges, 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 6, 1869 by the Judiciary Act of 1869 as a circuit judgeship for the Second Circuit
Reassigned on June 16, 1891 to the newly formed U.S. Circuit Court of Appeals for the Second Circuit by the Judiciary Act of 1891
Wallace NY 1891–1907
Ward NY 1907–1921
Mayer NY 1921–1924
L. Hand NY 1924–1951
Medina NY 1951–1958
Friendly NY 1959–1974
Van Graafeiland NY 1974–1985
Altimari NY 1985–1996
Pooler NY 1998–present
Seat 2
Established on March 3, 1887 by 24 Stat. 492 as a circuit judgeship for the Second Circuit
Reassigned on June 16, 1891 to the newly formed U.S. Circuit Court of Appeals for the Second Circuit by the Judiciary Act of 1891
Lacombe NY 1891–1916
Hough NY 1916–1927
A. Hand NY 1927–1953
Harlan NY 1954–1955
Lumbard NY 1955–1971
Mulligan NY 1971–1981
Cardamone NY 1981–1993
Cabranes CT 1994–present
Seat 3
Established on June 16, 1891 by the Judiciary Act of 1891
Shipman CT 1892–1902
Townsend CT 1902–1907
Noyes CT 1907–1913
Rogers CT 1913–1926
Swan CT 1926–1953
Hincks CT 1953–1959
Smith CT 1960–1971
Meskill CT 1975–1993
Calabresi CT 1994–2009
Vacant 2009–present
Seat 4
Established on April 17, 1902 by 32 Stat. 106
Coxe NY 1902–1917
Manton NY 1918–1939
Patterson NY 1939–1940
Frank 1941–1957
Moore NY 1957–1971
Mansfield NY 1971–1981
Winter CT 1981–2000
B. Parker NY 2001–2009
Carney CT 2011–present
Seat 5
Established on January 17, 1929 by 45 Stat. 1081
Chase VT 1929–1953
Waterman VT 1955–1970
Oakes VT 1971–1992
F. Parker VT 1994–2003
Hall VT 2004–present
Seat 6
Established on May 31, 1938 by 52 Stat. 584
Clark CT 1939–1963
Anderson CT 1964–1971
Timbers CT 1971–1981
Pratt NY 1982–1993
Leval NY 1993–2002
Wesley NY 2003–present
Seat 7
Established on May 19, 1961 by 75 Stat. 80
Kaufman NY 1961–1987
Walker NY 1989–2006
Livingston NY 2007–present
Seat 8
Established on May 19, 1961 by 75 Stat. 80
Hays NY 1962–1974
Gurfein NY 1974–1979
Pierce NY 1981–1990
McLaughlin NY 1990–1998
Straub NY 1998–2008
Lynch NY 2009–present
Seat 9
Established on May 19, 1961 by 75 Stat. 80
Marshall 1962–1965
Feinberg NY 1966–1991
Jacobs NY 1992–present
Seat 10
Established on October 20, 1978 by 92 Stat. 1629
Kearse NY 1979–2002
Raggi NY 2002–present
Seat 11
Established on October 20, 1978 by 92 Stat. 1629
Newman CT 1979–1997
Katzmann DC 1999–present
Seat 12
Established on July 10, 1984 by 98 Stat. 333
Miner NY 1985–1997
Sack NY 1998–2009
Chin NY 2010–present
Seat 13
Established on July 10, 1984 by 98 Stat. 333
Mahoney NY 1986–1996
Sotomayor NY 1998–2009
Lohier NY 2010–present

Notables

  • Judge Learned Hand served on the Second Circuit from 1924 to 1951, as did his cousin, Augustus Noble Hand, from 1927 until 1953.
  • Judge Henry Friendly served on the court from 1959 to 1974, and wrote a large number of notable and enduring opinions.

See also

  • Federal judicial appointment history#Second Circuit

References

  1. ^ http://www.nysun.com/new-york/facelift-scheduled-for-federal-courthouse/32316/
  2. ^ a b c "U. S. Court of Appeals for the Second Circuit". Official website of the Federal Judicial Center. http://www.fjc.gov/history/home.nsf/usca_02_frm?OpenFrameSet. Retrieved May 29, 2005. 
  3. ^ a b "Standard Search". Federal Law Clerk Information System. https://lawclerks.ao.uscourts.gov/web/jobSearch. Retrieved May 29, 2005. 
  4. ^ a b "Instructions for Judicial Directory". Website of the University of Texas Law School. Archived from the original on November 11, 2005. http://web.archive.org/web/20051111193332/http://www.utexas.edu/law/depts/career/downloads/judicial_listing.html. Retrieved July 4, 2005. 
  5. ^ http://www.whitehouse.gov/the-press-office/2011/05/04/president-obama-nominates-judge-christopher-droney-serve-united-states-c
  6. ^ Wallace was appointed as a circuit judge for the Second Circuit in 1882 by Chester A. Arthur. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Second Circuit.
  7. ^ Lacombe was appointed as a circuit judge for the Second Circuit in 1887 by Grover Cleveland. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Second Circuit.
  8. ^ a b Recess appointment, confirmed by the United States Senate at a later date.

External links


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