United States Court of Appeals for the Fifth Circuit

































United States Court of Appeals for the Fifth Circuit
(5th Cir.)
Seal of the United States Court of Appeals for the Fifth Circuit.svg
Location
John Minor Wisdom U.S. Court of Appeals Building
(New Orleans, Louisiana)

Appeals from

  • 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

Established June 16, 1891
Judges 17
Circuit Justice Samuel Alito
Chief Judge Carl E. Stewart
www.ca5.uscourts.gov

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:



  • 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 one of 13 United States courts of appeals. Composed of 17 active judges, it is based 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]




Contents






  • 1 History of the court


    • 1.1 The Fifth Circuit Four


    • 1.2 Hurricane Katrina




  • 2 Current composition of the court


  • 3 Vacancies and pending nominations


  • 4 List of former judges


  • 5 Chief judges


  • 6 Succession of seats


  • 7 See also


  • 8 References


  • 9 External links





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.


On October 1, 1981, under Pub.L. 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


During the late 1950s, Chief Judge Elbert Tuttle and his four 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 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, but has since returned to normal operations in New Orleans.



Current composition of the court


As of July 18, 2018, the judges on the court are as follows:[3]


























































































































































































































































































































#
Title
Judge
Duty station
Born
Term of service
Appointed by
Active

Chief

Senior
71
Chief Judge

Carl E. Stewart

Shreveport, LA
1950
1994–present
2012–present


Clinton
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
73
Circuit Judge

James L. Dennis

New Orleans, LA
1936
1995–present



Clinton
77
Circuit Judge

Priscilla Owen

Austin, TX
1954
2005–present



G.W. Bush
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
83
Circuit Judge

Gregg Costa

Houston, TX
1972
2014–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

Andy Oldham

Austin, TX
1978
2018–present



Trump
89
Circuit Judge

vacant






51
Senior Circuit Judge

Carolyn Dineen King

Houston, TX
1938
1979–2013
1999–2006
2013–present

Carter
53
Senior Circuit Judge

Thomas Morrow Reavley

Houston, TX
1921
1979–1990

1990–present

Carter
59
Senior Circuit Judge

E. Grady Jolly

Jackson, MS
1937
1982–2017

2017–present

Reagan
60
Senior Circuit Judge

Patrick Higginbotham

Austin, 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 Malcolm Duhé Jr.

inactive
1933
1988–1999

1999–present

Reagan
66
Senior Circuit Judge

Rhesa Hawkins Barksdale

Jackson, MS
1944
1990–2009

2009–present

G.H.W. Bush
67
Senior Circuit Judge

Jacques L. Wiener Jr.

New Orleans, LA
1934
1990–2010

2010–present

G.H.W. Bush
70
Senior Circuit Judge

Fortunato Benavides

Austin, TX
1947
1994–2012

2012–present

Clinton
74
Senior Circuit Judge

Edith Brown Clement

New Orleans, LA
1948
2001–2018

2018–present

G.W. Bush




Vacancies and pending nominations





















Seat
Prior Judge's Duty Station
Seat Last Held By
Vacancy Reason
Date of Vacancy
Nominee
Date of Nomination
2

Jackson, MS

E. Grady Jolly

Senior status
October 3, 2017






List of former judges
























































































































































































































































































































































































































































































































































































































































































































#

Judge

State

Born/Died

Active

Chief


Senior

Appointed by

Reason for
termination
1

Don Albert Pardee

LA
1837–1919
1891–1919


[4] death
2

Andrew Phelps McCormick

TX
1832–1916
1892–1916



B. Harrison
death
3

David Davie Shelby

AL
1847–1914
1899–1914



McKinley
death
4

Richard Wilde Walker Jr.

AL
1857–1936
1914–1930

1930–1936

Wilson
death
5

Robert Lynn Batts

TX
1864–1935
1917–1919



Wilson
resignation
6

Nathan Philemon Bryan

FL
1872–1935
1920–1935



Wilson
death
7

Alexander Campbell King

GA
1856–1926
1920–1924



Wilson
resignation
8

Rufus Edward Foster

LA
1871–1942
1925–1942



Coolidge
death
9

Samuel Hale Sibley

GA
1873–1958
1931–1949

1949–1958

Hoover
death
10

Joseph Chappell Hutcheson Jr.

TX
1879–1973
1931–1964
1948–1959
1964–1973

Hoover
death
11

Edwin R. Holmes

MS
1878–1961
1936–1954

1954–1961

F. Roosevelt
death
12

Leon Clarence McCord

AL
1878–1952
1938–1951

1951–1952

F. Roosevelt
death
13

Curtis L. Waller

FL
1887–1950
1943–1950



F. Roosevelt
death
14

Elmo Pearce Lee

LA
1882–1949
1943–1949



F. Roosevelt
death
15

Wayne G. Borah

LA
1891–1966
1949–1956

1956–1966

Truman
death
16

Robert Lee Russell

GA
1900–1955
1949–1955



Truman
death
17

Louie Willard Strum

FL
1890–1954
1950–1954



Truman
death
18

Richard Rives

AL
1895–1982
1951–1966
1959–1960
1966–1981

Truman
reassignment to 11th Cir.
19

Elbert Tuttle

GA
1897–1996
1954–1968
1960–1967
1968–1981

Eisenhower
reassignment to 11th Cir.
20

Benjamin Franklin Cameron

MS
1890–1964
1955–1964



Eisenhower
death
21

Warren Leroy Jones

FL
1895–1993
1955–1966

1966–1981

Eisenhower
reassignment to 11th Cir.
22

John Robert Brown

TX
1909–1984
1955–1984
1967–1979
1984–1993

Eisenhower
death
23

John Minor Wisdom

LA
1905–1999
1957–1977

1977–1999

Eisenhower
death
24

Griffin Bell

GA
1918–2009
1961[5]–1976



Kennedy
resignation
25

Walter Pettus Gewin

AL
1908–1981
1961[5]–1976

1976–1981

Kennedy
death
26

Homer Thornberry

TX
1909–1995
1965–1978

1978–1995

L. Johnson
death
27

James P. Coleman

MS
1914–1991
1965–1981
1979–1981
1981–1984

L. Johnson
retirement
28

Robert Andrew Ainsworth Jr.

LA
1910–1981
1966–1981



L. Johnson
death
29

John Cooper Godbold

AL
1920–2009
1966–1981
1981–1981


L. Johnson
reassignment to 11th Cir.
30

Irving Loeb Goldberg

TX
1906–1995
1966–1980

1980–1995

L. Johnson
death
31

David W. Dyer

FL
1910–1998
1966–1976

1976–1981

L. Johnson
reassignment to 11th Cir.
32

John Milton Bryan Simpson

FL
1903–1987
1966–1975

1975–1981

L. Johnson
reassignment to 11th Cir.
33

Claude Feemster Clayton

MS
1909–1969
1967–1969



L. Johnson
death
34

Lewis Render Morgan

GA
1913–2001
1968–1978

1978–1981

L. Johnson
reassignment to 11th Cir.
35

G. Harrold Carswell

FL
1919–1992
1969–1970



Nixon
resignation
36

Charles Clark

MS
1925–2011
1969–1992
1981–1992


Nixon
retirement
37

Joe McDonald Ingraham

TX
1903–1990
1969–1973

1973–1990

Nixon
death
38

Paul Hitch Roney

FL
1921–2006
1970–1981



Nixon
reassignment to 11th Cir.
39

Thomas Gibbs Gee

TX
1925–1994
1973–1991



Nixon
retirement
40

Gerald Bard Tjoflat

FL
1929–present
1975–1981



Ford
reassignment to 11th Cir.
41

James Clinkscales Hill

GA
1924–2017
1976–1981



Ford
reassignment to 11th Cir.
42

Peter T. Fay

FL
1929–present
1976–1981



Ford
reassignment to 11th Cir.
43

Alvin Benjamin Rubin

LA
1920–1991
1977–1989

1989–1991

Carter
death
44

Robert Smith Vance

AL
1931–1989
1977–1981



Carter
reassignment to 11th Cir.
45

Phyllis A. Kravitch

GA
1920–2017
1979–1981



Carter
reassignment to 11th Cir.
46

Frank Minis Johnson

AL
1918–1999
1979–1981



Carter
reassignment to 11th Cir.
47

R. Lanier Anderson III

GA
1936–present
1979–1981



Carter
reassignment to 11th Cir.
48

Reynaldo Guerra Garza

TX
1915–2004
1979–1982

1982–2004

Carter
death
49

Joseph W. Hatchett

FL
1932–present
1979–1981



Carter
reassignment to 11th Cir.
50

Albert John Henderson

GA
1920–1999
1979–1981



Carter
reassignment to 11th Cir.
52

Henry Anthony Politz

LA
1932–2002
1979–1999
1992–1999
1999–2002

Carter
death
54

Samuel D. Johnson Jr.

TX
1920–2002
1979–1991

1991–2002

Carter
death
55

Albert Tate Jr.

LA
1920–1986
1979–1986



Carter
death
56

Thomas Alonzo Clark

GA
1920–2005
1979–1981



Carter
reassignment to 11th Cir.
57

Jerre Stockton Williams

TX
1916–1993
1980–1990

1990–1993

Carter
death
58

William Lockhart Garwood

TX
1931–2011
1981–1997

1997–2011

Reagan
death
62

Robert Madden Hill

TX
1928–1987
1984–1987



Reagan
death
68

Emilio M. Garza

TX
1947–present
1991–2012

2012–2015

G.H.W. Bush
retirement
69

Harold R. DeMoss Jr.

TX
1930–present
1991–2007

2007–2015

G.H.W. Bush
retirement
72

Robert Manley Parker

TX
1937–present
1994–2002



Clinton
retirement
75

Edward C. Prado

TX
1947–present
2003–2018



G.W. Bush
retirement
76

Charles W. Pickering

MS
1937–present
2004[6]



G.W. Bush
retirement


Chief judges
















































Chief Judge
Hutcheson, Jr. 1948–1959
Rives 1959–1960
Tuttle 1960–1967
Brown 1967–1979
Coleman 1979–1981
Godbold 1981
C. Clark 1981–1992
Politz 1992–1999
C. King 1999–2006
Jones 2006–2012
Stewart 2012–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 or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.



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.














































































See also



  • Courts of Louisiana

  • Federal judicial appointment history#Fifth Circuit



References





  1. ^ "Practitioner's Guide to the U.S. Court of Appeals for the Fifth Circuit" (PDF). Archived from the original (PDF) on 2011-06-13. Retrieved 2011-06-26..mw-parser-output cite.citation{font-style:inherit}.mw-parser-output q{quotes:"""""""'""'"}.mw-parser-output code.cs1-code{color:inherit;background:inherit;border:inherit;padding:inherit}.mw-parser-output .cs1-lock-free a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/6/65/Lock-green.svg/9px-Lock-green.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-lock-limited a,.mw-parser-output .cs1-lock-registration a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/d/d6/Lock-gray-alt-2.svg/9px-Lock-gray-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-lock-subscription a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/a/aa/Lock-red-alt-2.svg/9px-Lock-red-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration{color:#555}.mw-parser-output .cs1-subscription span,.mw-parser-output .cs1-registration span{border-bottom:1px dotted;cursor:help}.mw-parser-output .cs1-hidden-error{display:none;font-size:100%}.mw-parser-output .cs1-visible-error{font-size:100%}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration,.mw-parser-output .cs1-format{font-size:95%}.mw-parser-output .cs1-kern-left,.mw-parser-output .cs1-kern-wl-left{padding-left:0.2em}.mw-parser-output .cs1-kern-right,.mw-parser-output .cs1-kern-wl-right{padding-right:0.2em}


  2. ^ "That Fascinating and Frenetic Fifth," Time Magazine, 1964-12-04.


  3. ^ "U. S. Court of Appeals for the Fifth Circuit". Official website of the Federal Judicial Center. Archived from the original on March 26, 2005. Retrieved June 19, 2005.


  4. ^ 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.


  5. ^ ab Recess appointment, confirmed by the United States Senate at a later date.


  6. ^ Recess appointment, never confirmed or rejected by the Senate.




  • Bass, Jack (1990). Unlikely Heroes. University of Alabama Press. ISBN 0-8173-0491-6.


External links







  • United States Court of Appeals for the Fifth Circuit

  • Recent Fifth Circuit opinions from FindLaw

  • Criminal law opinions from the Fifth Circuit

  • Business litigation opinions from the Fifth Circuit













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