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 Southern districts :
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.[ 2]
History of the court [ edit ]
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, which transferred to Panamanian control.
The Fifth Circuit Four [ edit ]
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 usually opposed by their fellow Fifth Circuit Judge, Benjamin F. Cameron of Mississippi, until his death in 1964.[ 3]
Hurricane Katrina [ edit ]
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 now returned to normal operations in New Orleans.
Current composition of the court [ edit ]
As of April 16, 2015, the judges on the court are as follows:[ 4]
#
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
60
Circuit Judge
E. Grady Jolly
Jackson, MS
1937
1982–present
—
—
Reagan
61
Circuit Judge
W. Eugene Davis
Lafayette, LA
1936
1983–present
—
—
Reagan
63
Circuit Judge
Edith H. 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
74
Circuit Judge
Edith Brown Clement
New Orleans, LA
1948
2001–present
—
—
G.W. Bush
75
Circuit Judge
Edward C. Prado
San Antonio, TX
1947
2003–present
—
—
G.W. Bush
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
vacant
-
-
-
—
—
-
85
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
Patrick Higginbotham
Austin, TX
1938
1982–2006
—
2006–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 "Pete" Benavides
Austin, TX
1947
1994–2012
—
2012–present
Clinton
Vacancies and pending nominations [ edit ]
List of former judges [ edit ]
Sixty-one judges formerly served on the court but no longer do:[ 4]
#
Judge
State
Born/Died
Active
Chief
Senior
Appointed by
Reason for
termination
1
Pardee, Don Albert Don Albert Pardee
LA
1837–1919
1891–1919
——
——
[ 5]
death
2
McCormick, Andrew Phelps Andrew Phelps McCormick
TX
1832–1916
1892–1916
——
——
Harrison, B. B. Harrison
death
3
Shelby, David Davie David Davie Shelby
AL
1847–1914
1899–1914
——
——
McKinley, McKinley
death
4
Walker, Jr., Richard Wilde Richard Wilde Walker, Jr.
AL
1857–1936
1914–1930
——
1930–1936
Wilson, Wilson
death
5
Batts, Robert Lynn Robert Lynn Batts
TX
1864–1935
1917–1919
——
——
Wilson, Wilson
resignation
6
Bryan, Nathan P. Nathan P. Bryan
FL
1872–1935
1920–1935
——
——
Wilson, Wilson
death
7
King, Alexander Campbell Alexander Campbell King
GA
1856–1926
1920–1924
——
——
Wilson, Wilson
resignation
8
Foster, Rufus Edward Rufus Edward Foster
LA
1871–1942
1925–1942
——
——
Coolidge, Coolidge
death
9
Sibley, Samuel Hale Samuel Hale Sibley
GA
1873–1958
1931–1949
——
1949–1958
Hoover, Hoover
death
10
Hutcheson, Jr., Joseph Chappell Joseph Chappell Hutcheson, Jr.
TX
1879–1973
1931–1964
1948–1959
1964–1973
Hoover, Hoover
death
11
Holmes, Edwin Ruthven Edwin Ruthven Holmes
MS
1878–1961
1936–1954
——
1954–1961
Roosevelt, F. F. Roosevelt
death
12
McCord, Leon Clarence Leon Clarence McCord
AL
1878–1952
1938–1951
——
1951–1952
Roosevelt, F. F. Roosevelt
death
13
Waller, Curtis Longino Curtis Longino Waller
FL
1887–1950
1943–1950
——
——
Roosevelt, F. F. Roosevelt
death
14
Lee, Elmo Pearce Elmo Pearce Lee
LA
1882–1949
1943–1949
——
——
Roosevelt, F. F. Roosevelt
death
15
Borah, Wayne G. Wayne G. Borah
LA
1891–1966
1949–1956
——
1956–1966
Truman, Truman
death
16
Russell, Robert Lee Robert Lee Russell
GA
1900–1955
1949–1955
——
——
Truman, Truman
death
17
Strum, Louie Willard Louie Willard Strum
FL
1890–1954
1950–1954
——
——
Truman, Truman
death
18
Rives, Richard Richard Rives
AL
1895–1982
1951–1966
1959–1960
1966–1981
Truman, Truman
reassignment to 11th Circuit
19
Tuttle, Elbert Elbert Tuttle
GA
1897–1996
1954–1968
1960–1967
1968–1981
Eisenhower, Eisenhower
reassignment to 11th Circuit
20
Cameron, Benjamin Franklin Benjamin Franklin Cameron
MS
1890–1964
1955–1964
——
——
Eisenhower, Eisenhower
death
21
Jones, Warren Leroy Warren Leroy Jones
FL
1895–1993
1955–1966
——
1966–1981
Eisenhower, Eisenhower
reassignment to 11th Circuit
22
Brown, John Robert John Robert Brown
TX
1909–1984
1955–1984
1967–1979
1984–1993
Eisenhower, Eisenhower
death
23
Wisdom, John Minor John Minor Wisdom
LA
1905–1999
1957–1977
——
1977–1999
Eisenhower, Eisenhower
death
24
Bell, Griffin Griffin Bell
GA
1918–2009
1961[ 6] –1976
——
——
Kennedy, Kennedy
resignation
25
Gewin, Walter Pettus Walter Pettus Gewin
AL
1908–1981
1961[ 6] –1976
——
1976–1981
Kennedy, Kennedy
death
26
Thornberry, William Homer William Homer Thornberry
TX
1909–1995
1965–1978
——
1978–1995
Johnson, L. L. Johnson
death
27
Coleman, James Plemon James Plemon Coleman
MS
1914–1991
1965–1981
1979–1981
1981–1984
Johnson, L. L. Johnson
resignation
28
Ainsworth, Jr., Robert Andrew Robert Andrew Ainsworth, Jr.
LA
1910–1981
1966–1981
——
——
Johnson, L. L. Johnson
death
29
Godbold, John Cooper John Cooper Godbold
AL
1920–2009
1966–1981
1981–1981
——
Johnson, L. L. Johnson
reassignment to 11th Circuit
30
Goldberg, Irving Loeb Irving Loeb Goldberg
TX
1906–1995
1966–1980
——
1980–1995
Johnson, L. L. Johnson
death
31
Dyer, David William David William Dyer
FL
1910–1998
1966–1976
——
1976–1981
Johnson, L. L. Johnson
reassignment to 11th Circuit
32
Simpson, John Milton Bryan John Milton Bryan Simpson
FL
1903–1987
1966–1975
——
1975–1981
Johnson, L. L. Johnson
reassignment to 11th Circuit
33
Clayton, Claude Feemster Claude Feemster Clayton
MS
1909–1969
1967–1969
——
——
Johnson, L. L. Johnson
death
34
Morgan, Lewis Render Lewis Render Morgan
GA
1913–2001
1968–1978
——
1978–1981
Johnson, L. L. Johnson
reassignment to 11th Circuit
35
Carswell, Harold Harold Carswell
FL
1919–1992
1969–1970
——
——
Nixon, Nixon
resignation
36
Clark, Charles Charles Clark
MS
1925–2011
1969–1992
1981–1992
——
Nixon, Nixon
retirement
37
Ingraham, Joe McDonald Joe McDonald Ingraham
TX
1903–1990
1969–1973
——
1973–1990
Nixon, Nixon
death
38
Roney, Paul Hitch Paul Hitch Roney
FL
1921–2006
1970–1981
——
——
Nixon, Nixon
reassignment to 11th Circuit
39
Gee, Thomas Gibbs Thomas Gibbs Gee
TX
1925–1994
1973–1991
——
——
Nixon, Nixon
retirement
40
Tjoflat, Gerald Bard Gerald Bard Tjoflat
FL
1929–
1975–1981
——
——
Ford, Ford
reassignment to 11th Circuit
41
Hill, James Clinkscales James Clinkscales Hill
GA
1924–
1976–1981
——
——
Ford, Ford
reassignment to 11th Circuit
42
Fay, Peter Thorp Peter Thorp Fay
FL
1929–
1976–1981
——
——
Ford, Ford
reassignment to 11th Circuit
43
Rubin, Alvin Benjamin Alvin Benjamin Rubin
LA
1920–1991
1977–1989
——
1989–1991
Carter, Carter
death
44
Vance, Robert Smith Robert Smith Vance
AL
1931–1989
1977–1981
——
——
Carter, Carter
reassignment to 11th Circuit
45
Kravitch, Phyllis A. Phyllis A. Kravitch
GA
1920–
1979–1981
——
——
Carter, Carter
reassignment to 11th Circuit
46
Johnson, Frank Minis Frank Minis Johnson
AL
1918–1999
1979–1981
——
——
Carter, Carter
reassignment to 11th Circuit
47
Anderson III, R. Lanier R. Lanier Anderson III
GA
1936–
1979–1981
——
——
Carter, Carter
reassignment to 11th Circuit
48
Garza, Reynaldo Guerra Reynaldo Guerra Garza
TX
1915–2004
1979–1982
——
1982–2004
Carter, Carter
death
49
Hatchett, Joseph Woodrow Joseph Woodrow Hatchett
FL
1932–
1979–1981
——
——
Carter, Carter
reassignment to 11th Circuit
50
Henderson, Albert John Albert John Henderson
GA
1920–1999
1979–1981
——
——
Carter, Carter
reassignment to 11th Circuit
52
Politz, Henry Anthony Henry Anthony Politz
LA
1932–2002
1979–1999
1992–1999
1999–2002
Carter, Carter
death
54
Johnson, Jr., Samuel D. Samuel D. Johnson, Jr.
TX
1920–2002
1979–1991
——
1991–2002
Carter, Carter
death
55
Tate, Jr., Albert Albert Tate, Jr.
LA
1920–1986
1979–1986
——
——
Carter, Carter
death
56
Clark, Thomas Alonzo Thomas Alonzo Clark
GA
1920–2005
1979–1981
——
——
Carter, Carter
reassignment to 11th Circuit
57
Williams, Jerre Stockton Jerre Stockton Williams
TX
1916–1993
1980–1990
——
1990–1993
Carter, Carter
death
58
Garwood, William Lockhart William Lockhart Garwood
TX
1931–2011
1981–1997
——
1997–2011
Reagan, Reagan
death
62
Hill, Robert Madden Robert Madden Hill
TX
1928–1987
1984–1987
——
——
Reagan, Reagan
death
68
Garza, Emilio M. Emilio M. Garza
TX
1947–
1991–2012
——
2012–2015
G.H.W. Bush, G.H.W. Bush
retirement
69
DeMoss, Jr., Harold R. Harold R. DeMoss, Jr.
TX
1930–
1991–2007
——
2007–2015
G.H.W. Bush, G.H.W. Bush
retirement
72
Parker, Robert Manley Robert Manley Parker
TX
1937–
1994–2002
——
——
Clinton, Clinton
retirement
76
Pickering, Charles W. Charles W. Pickering
MS
1937–
2004[ 7] –2004
——
——
Bush, G.W. G.W. Bush
retirement
Chief judges [ edit ]
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 [ edit ]
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 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
1994–2012
Costa
TX
2014–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
1979–2013
vacant
TX
2013–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
1991–2012
vacant
TX
2012–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
See also [ edit ]
References [ edit ]
External links [ edit ]