United States Court of Appeals for the Tenth Circuit

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United States Court of Appeals for the Tenth Circuit
(10th Cir.)
US-CourtOfAppeals-10thCircuit-Seal.png
10th Circuit map.svg
Location
Byron White U.S. Courthouse
(Denver, Colorado)

Appeals from
  • District of Colorado

  • District of Kansas

  • District of New Mexico

  • Eastern District of Oklahoma

  • Northern District of Oklahoma

  • Western District of Oklahoma

  • District of Utah

  • District of Wyoming

EstablishedMarch 28, 1929
Judges12
Circuit JusticeSonia Sotomayor
Chief JudgeTimothy Tymkovich
www.ca10.uscourts.gov

The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:


  • District of Colorado

  • District of Kansas

  • District of New Mexico

  • Eastern District of Oklahoma

  • Northern District of Oklahoma

  • Western District of Oklahoma

  • District of Utah

  • District of Wyoming

These districts were part of the Eighth Circuit until 1929.
The court is composed of twelve active judges and is based at the Byron White U.S. Courthouse in Denver, Colorado. It is one of thirteen United States courts of appeals and has jurisdiction over 560,625 square miles, or roughly 20 percent of the country's land mass.[1]




Contents





  • 1 History


  • 2 Current composition of the court


  • 3 List of former judges


  • 4 Chief judges


  • 5 Succession of seats


  • 6 See also


  • 7 Notes


  • 8 References


  • 9 External links




History




U.S. Post Office and Courthouse, as it appeared around 1916.


Congress created a new judicial circuit in 1929 to accommodate the increased caseload in the federal courts. Between 1866 and 1912, twelve new states had entered the Union and been incorporated into the Eighth and Ninth Circuits. The Eighth Circuit encompassed 13 states and had become the largest in the nation.[2]


Chief Justice William Howard Taft suggested the reorganization of the Eight Circuit Court in response to widespread opposition in 1928 to a proposal to reorganize the nation's entire circuit structure. The original plan had sprung from an American Bar Association committee in 1925 and would have changed the composition of all but two circuits.[2]


The House of Representatives considered two proposals to divide the existing Eighth Circuit. A bill by Representative Walter Newton would separate the circuit's eastern and western states. An alternate proposal divided the northern from the southern states. With the judges and bar of the existing Eighth Circuit for Newton's bill and little opposition to dividing the circuit, lawmakers focused on providing for more judgeships and meeting places of the circuit courts of appeals in their deliberations.[2]


Congress passed a statute 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. Three additional judgeships were authorized and the sitting circuit judges were reassigned according to their residence. The Tenth Circuit was assigned a total of four judgeships.[3]



Current composition of the court


As of May 17, 2018, the judges on the court are as follows:


















































































































































































































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

Chief

Senior
36
Chief Judge

Timothy Tymkovich

Denver, CO
1956
2003–present
2015–present


G.W. Bush
30
Circuit Judge

Mary Beck Briscoe

Lawrence, KS
1947
1995–present
2010–2015


Clinton
31
Circuit Judge

Carlos F. Lucero

Denver, CO
1940
1995–present



Clinton
33
Circuit Judge

Harris L. Hartz

Albuquerque, NM
1947
2001–present



G.W. Bush
38
Circuit Judge

Jerome Holmes

Oklahoma City, OK
1961
2006–present



G.W. Bush
39
Circuit Judge

Scott Matheson Jr.

Salt Lake City, UT
1953
2010–present



Obama
40
Circuit Judge

Robert E. Bacharach

Oklahoma City, OK
1959
2013–present



Obama
41
Circuit Judge

Gregory A. Phillips

Cheyenne, WY
1960
2013–present



Obama
42
Circuit Judge

Carolyn B. McHugh

Salt Lake City, UT
1957
2014–present



Obama
43
Circuit Judge

Nancy Moritz

Topeka, KS
1960
2014–present



Obama
44
Circuit Judge

Allison H. Eid

Denver, CO
1965
2017–present



Trump
45
Circuit Judge

Joel M. Carson III

Roswell, NM
1971
2018–present



Trump
19
Senior Circuit Judge

Monroe G. McKay

Salt Lake City, UT
1928
1977–1993
1991–1993
1993–present

Carter
21
Senior Circuit Judge

Stephanie Kulp Seymour

Tulsa, OK
1940
1979–2005
1994–2000
2005–present

Carter
22
Senior Circuit Judge

John Carbone Porfilio[4]

Loveland, CO
1934
1985–1999

1999–present

Reagan
23
Senior Circuit Judge

Stephen Hale Anderson

inactive
1932
1985–2000

2000–present

Reagan
25
Senior Circuit Judge

Bobby Ray Baldock

Roswell, NM
1936
1985–2001

2001–present

Reagan
26
Senior Circuit Judge

Wade Brorby

inactive
1934
1988–2001

2001–present

Reagan
27
Senior Circuit Judge

David M. Ebel

Denver, CO
1940
1988–2006

2006–present

Reagan
28
Senior Circuit Judge

Paul Joseph Kelly Jr.

Santa Fe, NM
1940
1992–2017

2017–present

G.H.W. Bush
32
Senior Circuit Judge

Michael R. Murphy

Salt Lake City, UT
1947
1995–2012

2012–present

Clinton
34
Senior Circuit Judge

Terrence L. O'Brien

Cheyenne, WY
1943
2002–2013

2013–present

G.W. Bush


List of former judges


























































































































































































































#
Judge
State
Born–died
Active service

Chief Judge

Senior status
Appointed by
Reason for
termination
1

Robert E. Lewis

CO
1857–1941
1929–1940

1940–1941
[5]death
2

John Hazelton Cotteral

OK
1864–1933
1929–1933


[6]death
3

Orie Leon Phillips

NM
1885–1974
1929–1956
1948–1956
1956–1974

Hoover
death
4

George Thomas McDermott

KS
1886–1937
1929–1937



Hoover
death
5

Sam G. Bratton

NM
1888–1963
1933–1961
1956–1959
1961–1963

F. Roosevelt
death
6

Robert L. Williams

OK
1868–1948
1937–1939

1939–1948

F. Roosevelt
death
7

Walter A. Huxman

KS
1887–1972
1939–1957

1957–1972

F. Roosevelt
death
8

Alfred P. Murrah

OK
1904–1975
1940–1970
1959–1970
1970–1975

F. Roosevelt
death
9

John Coleman Pickett

WY
1896–1983
1949–1966

1966–1983

Truman
death
10

David Thomas Lewis

UT
1912–1983
1956–1977
1970–1977
1977–1983

Eisenhower
death
11

Jean Sala Breitenstein

CO
1900–1986
1957–1970

1970–1986

Eisenhower
death
12

Delmas Carl Hill

KS
1906–1989
1961–1977

1977–1989

Kennedy
death
13

Oliver Seth

NM
1915–1996
1962–1984
1977–1984
1984–1996

Kennedy
death
14

John J. Hickey

WY
1911–1970
1966–1970



L. Johnson
death
15

William Judson Holloway Jr.

OK
1923–2014
1968–1992
1984–1991
1992–2014

L. Johnson
death
16

Robert Hugh McWilliams Jr.

CO
1916–2013
1970–1984

1984–2013

Nixon
death
17

James Emmett Barrett

WY
1922–2011
1971–1987

1987–2011

Nixon
death
18

William Edward Doyle

CO
1911–1986
1971–1984

1984–1986

Nixon
death
20

James Kenneth Logan

KS
1929–2018
1977–1994

1994–1998

Carter
retirement
24

Deanell Reece Tacha

KS
1946–present
1985–2011
2001–2008
2011

Reagan
retirement
29

Robert Harlan Henry

OK
1953–present
1994–2010
2008–2010


Clinton
resignation
35

Michael W. McConnell

UT
1955–present
2002–2009



G.W. Bush
resignation
37

Neil Gorsuch

CO
1967–present
2006–2017



G.W. Bush
elevated to Supreme Court


Chief judges


























Chief Judge
Phillips1948–1956
Bratton1956–1959
Murrah1959–1970
Lewis1970–1977
Seth1977–1984
Holloway, Jr.1984–1991
McKay1991–1993
Seymour1994–2000
Tacha2001–2008
Henry2008–2010
Briscoe2010–2015
Tymkovich2015–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 twelve 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.




























See also


  • Federal judicial appointment history of the Tenth Circuit


Notes




  1. ^ Elizabeth Aguilera (20 November 2006). "10th Circuit judge's oath a family affair". The Denver Post. Retrieved 15 April 2017..mw-parser-output cite.citationfont-style:inherit.mw-parser-output .citation qquotes:"""""""'""'".mw-parser-output .citation .cs1-lock-free abackground: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 .citation .cs1-lock-limited a,.mw-parser-output .citation .cs1-lock-registration abackground: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 .citation .cs1-lock-subscription abackground: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-registrationcolor:#555.mw-parser-output .cs1-subscription span,.mw-parser-output .cs1-registration spanborder-bottom:1px dotted;cursor:help.mw-parser-output .cs1-ws-icon abackground:url("//upload.wikimedia.org/wikipedia/commons/thumb/4/4c/Wikisource-logo.svg/12px-Wikisource-logo.svg.png")no-repeat;background-position:right .1em center.mw-parser-output code.cs1-codecolor:inherit;background:inherit;border:inherit;padding:inherit.mw-parser-output .cs1-hidden-errordisplay:none;font-size:100%.mw-parser-output .cs1-visible-errorfont-size:100%.mw-parser-output .cs1-maintdisplay:none;color:#33aa33;margin-left:0.3em.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration,.mw-parser-output .cs1-formatfont-size:95%.mw-parser-output .cs1-kern-left,.mw-parser-output .cs1-kern-wl-leftpadding-left:0.2em.mw-parser-output .cs1-kern-right,.mw-parser-output .cs1-kern-wl-rightpadding-right:0.2em


  2. ^ abc Establishment of the Tenth Judicial Circuit: "An Act To amend sections 116, 118, 126 of the Judicial Code, as amended, to divide the eighth judicial circuit of the United States, and to create a tenth judicial circuit." Federal Judiciary History. FJC.gov. Retrieved September 24, 2009.


  3. ^ "Tenth Circuit Act of 1929". Official website of the Federal Judicial Center. Archived from the original on September 26, 2006. Retrieved October 20, 2006.


  4. ^ Prior to January 8, 1996, Judge Porfilio was named John Porfilio Moore.


  5. ^ Lewis was appointed to the bench of the United States Court of Appeals for the Eighth Circuit in 1921 by Warren G. Harding. 45 Stat. 1346 reassigned his seat to the U.S. Court of Appeals for the Tenth Circuit.


  6. ^ Cotteral was appointed to the bench of the United States Court of Appeals for the Eighth Circuit in 1928 by Calvin Coolidge. 45 Stat. 1346 reassigned his seat to the U.S. Court of Appeals for the Tenth Circuit.




References



  • "Standard Search". Federal Law Clerk Information System. Archived from the original on October 21, 2005. Retrieved June 16, 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 Tenth Circuit". Official website of the Federal Judicial Center. Archived from the original on January 1, 2005. Retrieved June 16, 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 Tenth Circuit

  • Recent opinions from FindLaw

  • The Tenth Judicial Circuit Historical Society











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