United States Court of Appeals for the Second Circuit

From Wikipedia, the free encyclopedia

The United States Court of Appeals for the Second Circuit 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:

• District of Connecticut
• Eastern District of New York
• Northern District of New York
• Southern District of New York
• Western District of New York
• District of Vermont

The Second Circuit ordinarily has its clerk's office and hears oral arguments at the Thurgood Marshall U.S. 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 U.S. Courthouse in New York, New York 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.

Contents 1 Current composition of the court 2 Pending nominations 3 List of former judges 4 Chief judges 5 Succession of seats 6 Notables 7 See also 8 Notes 9 References 10 External links 11 Navigation

[edit] Current composition of the court

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

As of 2008^[update], the judges on the court are:

#	Title	Judge	Duty station	Born	Term of service			Appointed by
					Active	Chief	Senior
50	Chief Judge	Dennis G. Jacobs	New York, NY	1944	1992–present	2006–present	—	G.H.W. Bush
52	Circuit Judge	Guido Calabresi	New Haven, CT	1932	1994–present	—	—	Clinton
53	Circuit Judge	José A. Cabranes	New Haven, CT	1940	1994–present	—	—	Clinton
55	Circuit Judge	Rosemary S. Pooler	Syracuse, NY	1938	1998–present	—	—	Clinton
57	Circuit Judge	Robert D. Sack	New York, NY	1939	1998–present	—	—	Clinton
58	Circuit Judge	Sonia Sotomayor	New York, NY	1954	1998–present	—	—	Clinton
59	Circuit Judge	Robert A. Katzmann	New York, NY	1953	1999–present	—	—	Clinton
60	Circuit Judge	Barrington Daniels Parker, Jr.	New York, NY	1944	2001–present	—	—	G.W. Bush
61	Circuit Judge	Reena Raggi	Brooklyn, NY	1951	2002–present	—	—	G.W. Bush
62	Circuit Judge	Richard C. Wesley	Geneseo, NY	1949	2003–present	—	—	G.W. Bush
63	Circuit Judge	Peter W. Hall	Rutland, VT	1948	2004–present	—	—	G.W. Bush
64	Circuit Judge	Debra Ann Livingston	New York, NY	1959	2007–present	—	—	G.W. Bush
—	Circuit Judge	(vacant - seat 8)	(n/a)	(n/a)	(n/a)	(n/a)	(n/a)	(n/a)
31	Senior Circuit Judge	Wilfred Feinberg	New York, NY	1920	1966–1991	1980–1988	1991–present	L. Johnson
39	Senior Circuit Judge	Amalya Lyle Kearse	New York, NY	1937	1979–2002	(none)	2002–present	Carter
40	Senior Circuit Judge	Jon Ormond Newman	Hartford, CT	1932	1979–1997	1993–1997	1997–present	Carter
41	Senior Circuit Judge	Richard J. Cardamone	Utica, NY	1925	1981–1993	(none)	1993–present	Reagan
43	Senior Circuit Judge	Ralph K. Winter, Jr.	New Haven, CT	1935	1981–2000	1997–2000	2000–present	Reagan
45	Senior Circuit Judge	Roger Jeffrey Miner	Albany, NY	1934	1985–1997	(none)	1997–present	Reagan
48	Senior Circuit Judge	John M. Walker, Jr.	New Haven, CT	1940	1989–2006	2000–2006	2006–present	G.H.W. Bush
49	Senior Circuit Judge	Joseph Michael McLaughlin	New York, NY	1933	1990–1998	(none)	1998–present	G.H.W. Bush
51	Senior Circuit Judge	Pierre N. Leval	New York, NY	1936	1993–2002	(none)	2002–present	Clinton
56	Senior Circuit Judge	Chester J. Straub	New York, NY	1937	1998–2008	(none)	2008–present	Clinton

[edit] Pending nominations

• President Bush has nominated Judge Loretta Preska (SDNY) to fill the seat vacated by Judge Chester Straub, who has assumed senior status.

[edit] List of former judges

#	Judge	State	Born/Died	Active service	Term as Chief Judge	Senior status	Appointed by	Reason for termination
1	Wallace, William JamesWilliam James Wallace	NY	1826–1924	1891–1907	(none)	(none)	[1]	retirement
2	Lacombe, Emile HenryEmile Henry Lacombe	NY	1837–1917	1891–1916	(none)	(none)	[2]	retirement
3	Shipman, NathanielNathaniel Shipman	CT	1828–1906	1892–1902	(none)	(none)	B. Harrison	retirement
4	Townsend, William KneelandWilliam Kneeland Townsend	CT	1849–1907	1902–1907	(none)	(none)	T. Roosevelt	death
5	Coxe, Sr., Alfred ConklingAlfred Conkling Coxe, Sr.	NY	1847–1923	1902–1917	(none)	(none)	T. Roosevelt	retirement
6	Ward, Henry GalbraithHenry Galbraith Ward	NY	1851–1933	1907[3]–1921	(none)	1921–1924	T. Roosevelt	retirement
7	Noyes, Walter ChadwickWalter Chadwick Noyes	CT	1865–1926	1907[3]–1913	(none)	(none)	T. Roosevelt	resignation
—	Knapp, Martin AugustineMartin Augustine Knapp		1843–1923	1910–1916	(none)	(none)	[4]	reassignment to 4th Circuit
8	Rogers, Henry WadeHenry Wade Rogers	CT	1853–1926	1913–1926	(none)	(none)	Wilson	death
9	Hough, Charles MerrillCharles Merrill Hough	NY	1858–1927	1916–1927	(none)	(none)	Wilson	death
10	Manton, Martin ThomasMartin Thomas Manton	NY	1880–1946	1918–1939	(none)	(none)	Wilson	resignation
11	Mayer, Julius MarshuetzJulius Marshuetz Mayer	NY	1865–1925	1921–1924	(none)	(none)	Harding	resignation
12	Hand, LearnedLearned Hand	NY	1872–1961	1924–1951	1948–1951	1951–1961	Coolidge	death
13	Swan, Thomas WalterThomas Walter Swan	CT	1877–1975	1926–1953	1951–1953	1953–1975	Coolidge	death
14	Hand, Augustus NobleAugustus Noble Hand	NY	1869–1954	1927–1953	(none)	1953–1954	Coolidge	death
15	Chase, Harrie BrighamHarrie Brigham Chase	VT	1889–1969	1929–1953	1953–1954	1954–1969	Coolidge	death
—	Mack, Julian WilliamJulian William Mack	IL	1866–1943	1930–1940	(none)	1940–1943	[5]	death
16	Clark, Charles EdwardCharles Edward Clark	CT	1889–1963	1939–1963	1954–1959	(none)	F. Roosevelt	death
17	Patterson, Sr., Robert PorterRobert Porter Patterson, Sr.	NY	1891–1952	1939–1940	(none)	(none)	F. Roosevelt	resignation
18	Frank, Jerome NewJerome New Frank		1889–1957	1941–1957	(none)	(none)	F. Roosevelt	death
19	Medina, Harold RaymondHarold Raymond Medina	NY	1888–1990	1951–1958	(none)	1958–1980	Truman	retirement
20	Hincks, Carroll ClarkCarroll Clark Hincks	CT	1889–1964	1953–1959	(none)	1959–1964	Eisenhower	death
21	Harlan II, John MarshallJohn Marshall Harlan II	NY	1899–1971	1954–1955	(none)	(none)	Eisenhower	elevation to Supreme Court
22	Lumbard, Joseph EdwardJoseph Edward Lumbard	NY	1901–1999	1955–1971	1959–1971	1971–1999	Eisenhower	death
23	Waterman, Sterry RobinsonSterry Robinson Waterman	VT	1901–1984	1955–1970	(none)	1970–1984	Eisenhower	death
24	Moore, Leonard PageLeonard Page Moore	NY	1898–1982	1957–1971	(none)	1971–1982	Eisenhower	death
25	Friendly, HenryHenry Friendly	NY	1903–1986	1959–1974	1971–1973	1974–1986	Eisenhower	death
26	Smith, John JosephJohn Joseph Smith	CT	1904–1980	1960–1971	(none)	1971–1980	Eisenhower	death
27	Kaufman, IrvingIrving Kaufman	NY	1910–1992	1961–1987	1973–1980	1987–1992	Kennedy	death
28	Hays, Paul RaymondPaul Raymond Hays	NY	1903–1980	1962–1974	(none)	1974–1980	Kennedy	death
29	Marshall, ThurgoodThurgood Marshall		1908–1993	1962–1965	(none)	(none)	Kennedy	resignation to become United States Solicitor General
30	Anderson, Robert PalmerRobert Palmer Anderson	CT	1906–1978	1964–1971	(none)	1971–1978	L. Johnson	death
32	Mansfield, Walter RoeWalter Roe Mansfield	NY	1911–1987	1971–1981	(none)	1981–1987	Nixon	death
33	Mulligan, William HughesWilliam Hughes Mulligan	NY	1918–1996	1971–1981	(none)	(none)	Nixon	resignation
34	Oakes, James LowellJames Lowell Oakes	VT	1924–2007	1971–2007	1988-1992	1992-2007	Nixon	death
35	Timbers, William HomerWilliam Homer Timbers	CT	1915–1994	1971–1981	(none)	1981–1994	Nixon	death
36	Gurfein, Murray IrwinMurray Irwin Gurfein	NY	1907–1979	1974–1979	(none)	(none)	Nixon	death
37	Van Graafeiland, Ellsworth AlfredEllsworth Alfred Van Graafeiland	NY	1915–2004	1974–1985	(none)	1985–2004	Ford	death
38	Meskill, Thomas JosephThomas Joseph Meskill	CT	1928–2007	1975–2007	1992-1993	1993–2007	Ford	death
42	Pierce, Lawrence WarrenLawrence Warren Pierce	NY	1924–present	1981–1990	(none)	1990–1995	Reagan	retirement
44	Pratt, George CheneyGeorge Cheney Pratt	NY	1928–present	1982–1993	(none)	1993–1995	Reagan	retirement
46	Altimari, Frank X.Frank X. Altimari	NY	1928–1996	1985–1996	(none)	1996–1998	Reagan	death
47	Mahoney, John DanielJohn Daniel Mahoney	NY	1931–1996	1986–1996	(none)	(none)	Reagan	death
54	Parker, Fred I.Fred I. Parker	VT	1938–2003	1994–2003	(none)	(none)	Clinton	death

[edit] 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

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 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–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 1981–2000 B. Parker NY 2001–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–

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 (vacant) (n/a) 2008–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–present

Seat 13 Established on July 10, 1984 by 98 Stat. 333 Mahoney NY 1986–1996 Sotomayor NY 1998–present

[edit] 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.

[edit] See also

• Federal judicial appointment history#Second Circuit

[edit] Notes

[edit] References

• "Standard Search". Federal Law Clerk Information System. Retrieved on May 29, 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
• "U. S. Court of Appeals for the Second Circuit". Official website of the Federal Judicial Center. Retrieved on May 29, 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 Second Circuit
• Recent opinions from FindLaw

[edit] Navigation

v • d • e United States courts of appeals 1st Circuit · 2nd Circuit · 3rd Circuit · 4th Circuit · 5th Circuit · 6th Circuit · 7th Circuit · 8th Circuit · 9th Circuit · 10th Circuit · 11th Circuit · DC Circuit · Federal Circuit · Armed Forces