United States Court of Appeals for the Eighth Circuit

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United States Court of Appeals for the Eighth Circuit

(8th Cir.)

US-CourtOfAppeals-8thCircuit-Seal.png
Location
Thomas F. Eagleton U.S. Courthouse
(St. Louis, Missouri)

Appeals from
  • Eastern District of Arkansas

  • Western District of Arkansas

  • Northern District of Iowa

  • Southern District of Iowa

  • District of Minnesota

  • Eastern District of Missouri

  • Western District of Missouri

  • District of Nebraska

  • District of North Dakota

  • District of South Dakota


Established
June 16, 1891
Circuit Justice
Neil Gorsuch
Chief Judge
Lavenski Smith
Active judges
11
Senior judges
6

www.ca8.uscourts.gov

The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts:


  • Eastern District of Arkansas

  • Western District of Arkansas

  • Northern District of Iowa

  • Southern District of Iowa

  • District of Minnesota

  • Eastern District of Missouri

  • Western District of Missouri

  • District of Nebraska

  • District of North Dakota

  • District of South Dakota

The court is composed of eleven active judges and is based at the Thomas F. Eagleton United States Courthouse in St. Louis, Missouri. It is one of thirteen United States courts of appeals. In 1929 Congress passed a statute dividing the Eighth Circuit that placed Minnesota, Iowa, North Dakota, South Dakota, Nebraska, Missouri, and Arkansas in the Eighth Circuit and created a Tenth Circuit that included Wyoming, Colorado, Utah, New Mexico, Kansas, and Oklahoma.[1]




Contents





  • 1 Composition


  • 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 Notes


  • 9 References


  • 10 External links




Composition



Republican Presidents have appointed a greater percentage of judges to the Eighth Circuit (ten of eleven active judges, or 91%) than any other Court of Appeals in the United States.[citation needed]



Current composition of the court





































































































































































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

Chief

Senior
53
Chief Judge

Lavenski Smith

Little Rock, AR
1958
2002–present
2017–present


G.W. Bush
42
Circuit Judge

Roger Leland Wollman

Sioux Falls, SD
1934
1985–present
1999–2002


Reagan
45
Circuit Judge

James B. Loken

Minneapolis, MN
1940
1990–present
2003–2010


G.H.W. Bush
54
Circuit Judge

Steven Colloton

Des Moines, IA
1963
2003–present



G.W. Bush
55
Circuit Judge

Raymond Gruender

Saint Louis, MO
1963
2004–present



G.W. Bush
56
Circuit Judge

William Duane Benton

Kansas City, MO
1950
2004–present



G.W. Bush
57
Circuit Judge

Bobby Shepherd

El Dorado, AR
1951
2006–present



G.W. Bush
58
Circuit Judge

Jane L. Kelly

Cedar Rapids, IA
1964
2013–present



Obama
59
Circuit Judge

Ralph R. Erickson

Fargo, ND
1959
2017–present



Trump
60
Circuit Judge

L. Steven Grasz

Omaha, NE
1961
2018–present



Trump
61
Circuit Judge

David Stras

Minneapolis, MN
1974
2018–present



Trump
41
Senior Circuit Judge

Pasco Bowman II

Kansas City, MO
1933
1983–2003
1998–1999
2003–present

Reagan
44
Senior Circuit Judge

C. Arlen Beam

Lincoln, NE
1930
1987–2001

2001–present

Reagan
46
Senior Circuit Judge

David R. Hansen

inactive
1938
1991–2003
2002–2003
2003–present

G.H.W. Bush
47
Senior Circuit Judge

Morris S. Arnold

Little Rock, AR
1941
1992–2006

2006–present

G.H.W. Bush
51
Senior Circuit Judge

William J. Riley

inactive
1947
2001–2017
2010–2017
2017–present

G.W. Bush
52
Senior Circuit Judge

Michael Joseph Melloy

Cedar Rapids, IA
1948
2002–2013

2013–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
12

Sioux Falls, SD

Roger Leland Wollman

Senior Status
TBD[2]
Jonathan A. Kobes
June 11, 2018


List of former judges
































































































































































































































































































































































































































#
Judge
State
Born–died
Active service

Chief Judge

Senior status
Appointed by
Reason for
termination
1

Henry Clay Caldwell

AR
1832–1915
1891–1903


[3]retirement
2

Walter Henry Sanborn

MN
1845–1928
1892–1928



B. Harrison
death
3

Amos Madden Thayer

MO
1841–1905
1894–1905



Cleveland
death
4

Willis Van Devanter

WY
1859–1941
1903–1910



T. Roosevelt
elevated to Supreme Court
5

William Cather Hook

KS
1857–1921
1903–1921



T. Roosevelt
death
6

Elmer Bragg Adams

MO
1842–1916
1905[4]–1916



T. Roosevelt
death


John Emmett Carland

SD
1853–1922
1911–1922


[5]death
7

Walter I. Smith

IA
1862–1922
1911–1922



Taft
death
8

Kimbrough Stone

MO
1875–1958
1916–1947

1947–1958

Wilson
death
9

Robert E. Lewis

CO
1857–1941
1921–1929



Harding
reassignment to 10th Cir.
10

William Squire Kenyon

IA
1869–1933
1922–1933



Harding
death
11

Wilbur F. Booth

MN
1861–1944
1925–1932

1932–1944

Coolidge
death
12

Arba Seymour Van Valkenburgh

MO
1862–1944
1925–1933

1933–1944

Coolidge
death
13

John Hazelton Cotteral

OK
1864–1933
1928–1929



Coolidge
reassignment to 10th Cir.
14

Archibald K. Gardner

SD
1867–1962
1929–1960
1948–1959
1960–1962

Hoover
death
15

John B. Sanborn Jr.

MN
1883–1964
1932–1958

1959–1964

Hoover
death
16

Joseph William Woodrough

NE
1873–1977
1933–1961

1961–1977

F. Roosevelt
death
17

Charles Breckenridge Faris

MO
1864–1938
1935–1935

1935–1938

F. Roosevelt
death
18

Seth Thomas

IA
1873–1962
1935[6]–1954

1954–1962

F. Roosevelt
death
19

Harvey M. Johnsen

NE
1895–1975
1940–1965
1959–1965
1965–1975

F. Roosevelt
death
20

Walter Garrett Riddick

AR
1883–1953
1941–1953



F. Roosevelt
death
21

John Caskie Collet

MO
1898–1955
1947–1955



Truman
death
22

Charles Joseph Vogel

ND
1898–1980
1954–1968
1965–1968
1968–1980

Eisenhower
death
23

Martin Donald Van Oosterhout

IA
1900–1979
1954–1971
1968–1970
1971–1979

Eisenhower
death
24

Charles Evans Whittaker

MO
1901–1973
1956–1957



Eisenhower
elevated to Supreme Court
25

Marion Charles Matthes

MO
1906–1980
1958–1973
1970–1973
1973–1980

Eisenhower
death
26

Harry Blackmun

MN
1908–1999
1959–1970



Eisenhower
elevated to Supreme Court
27

Albert Alphonso Ridge

MO
1898–1967
1961–1965

1965–1967

Kennedy
death
28

Pat Mehaffy

AR
1904–1981
1963–1974
1973–1974
1974–1981

Kennedy
death
29

Floyd Robert Gibson

MO
1910–2001
1965–1979
1974–1979
1979–2001

L. Johnson
death
30

Donald P. Lay

MN
1926–2007
1966–1992
1979–1992
1992–2007

L. Johnson
death
31

Gerald Heaney

MN
1918–2010
1966–1988

1988–2006

L. Johnson
retirement
32

Myron H. Bright

ND
1919–2016
1968–1985

1985–2016

L. Johnson
death
33

Donald Roe Ross

NE
1922–2013
1970–1987

1987–2013

Nixon
death
34

Roy Laverne Stephenson

IA
1917–1982
1971–1982

1982–1982

Nixon
death
35

William H. Webster

MO
1924–present
1973–1978



Nixon
resignation
36

Jesse Smith Henley

AR
1917–1997
1975–1982

1982–1997

Ford
death
37

Theodore McMillian

MO
1919–2006
1978–2003

2003–2006

Carter
death
38

Richard S. Arnold

AR
1936–2004
1980–2001
1992–1998
2001–2004

Carter
death
39

John R. Gibson

MO
1925–2014
1982–1994

1994–2014

Reagan
death
40

George Gardner Fagg

IA
1934–2015
1982–1999

1999–2015

Reagan
death
43

Frank J. Magill

ND
1927–2013
1986–1997

1997–2013

Reagan
death
48

Diana E. Murphy

MN
1934–2018
1994–2016

2016–2018

Clinton
death
49

John David Kelly

ND
1934–1998
1998



Clinton
death
50

Kermit Edward Bye

ND
1937–present
2000–2015

2015–2016

Clinton
retirement


Chief judges
































Chief Judge
Gardner1948–1959
Johnsen1959–1965
Vogel1965–1968
Van Oosterhout1968–1970
Matthes1970–1973
Mehaffy1973–1974
Gibson1974–1979
Lay1979–1992
R. Arnold1992–1998
Bowman II1998–1999
Wollman1999–2002
Hansen2002–2003
Loken2003–2010
Riley2010–2017
L. Smith2017–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 thirteen seats for active judges. Two of these seats were reassigned to the United States Court of Appeals for the Tenth Circuit, leaving a eleven-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




  • Federal judicial appointment history#Eighth Circuit


Notes




  1. ^ "Tenth Circuit Act of 1929". Official website of the Federal Judicial Center. Archived from the original on 2006-09-26. Retrieved 2006-10-20. 


  2. ^ http://www.argusleader.com/story/news/2018/02/09/pillar-s-d-legal-community-stepping-aside/322949002/


  3. ^ Caldwell was appointed as a circuit judge for the Eighth Circuit in 1890 by Benjamin Harrison. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Eighth Circuit.


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


  5. ^ Carland did not have a permanent seat on this court. Instead, he was appointed to the ill-fated United States Commerce Court in 1911 by William Howard Taft. Aside from their duties on the Commerce Court, the judges of the Commerce Court also acted as at-large appellate judges, able to be assigned by the Chief Justice of the United States to whichever circuit most needed help. Carland was assigned to the Eighth Circuit upon his commission.


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




References



  • "Standard Search". Federal Law Clerk Information System. Archived from the original on October 21, 2005. Retrieved June 10, 2005. 
    • primary but incomplete source for the duty stations


  • "Instructions for Judicial Directory". Website of the University of Texas Law School. Archived from the original on November 11, 2005. Retrieved July 4, 2005. 
    • secondary source for the duty stations

    • data is current to 2002



  • "U. S. Court of Appeals for the Eighth Circuit". Official website of the Federal Judicial Center. Archived from the original on May 2, 2005. Retrieved June 10, 2005. 
    • source for the state, lifetime, term of active judgeship, term of chief judgeship, term of senior judgeship, appointer, termination reason, and seat information


External links


  • United States Court of Appeals for the Eighth Circuit

  • Recent opinions from FindLaw











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