[DOCID:172481tx-12]
From the Government Manual Online via GPO Access
[wais.access.gpo.gov]
[Page 65-77]
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Judicial Branch
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JUDICIAL BRANCH
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THE SUPREME COURT OF THE UNITED STATES
United States Supreme Court Building
One First Street NE., Washington, DC 20543
Phone, 202-479-3000
Members:
Chief Justice of the United States William H. Rehnquist
Associate Justices John Paul Stevens,
Sandra Day O'Connor,
Antonin Scalia,
Anthony M. Kennedy,
David H. Souter,
Clarence Thomas,
Ruth Bader Ginsburg,
Stephen G. Breyer
Officers:
Clerk William K. Suter
Reporter of Decisions Frank D. Wagner
Librarian Shelley L. Dowling
Marshal Dale E. Bosley
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Article III, section 1, of the Constitution of the United States
provides that ``[t]he judicial Power of the United States, shall be
vested in one supreme Court, and in such inferior Courts as the Congress
may from time to time ordain and establish.'' The Supreme Court of the
United States was created in accordance with this provision and by
authority of the Judiciary Act of September 24, 1789 (1 Stat. 73). It
was organized on February 2, 1790.
The Supreme Court comprises the Chief Justice of the United States
and such number of Associate Justices as may be fixed by Congress. Under
that authority, and by virtue of act of June 25, 1948 (28 U.S.C. 1), the
number of Associate Justices is eight. Power to nominate the Justices is
vested in the President of the United States, and appointments are made
with the advice and consent of the Senate. Article III, section 1, of
the Constitution further provides that ``[t]he Judges, both of the
supreme and inferior Courts, shall hold their Offices during good
Behaviour, and shall, at stated Times, receive for their Services, a
Compensation, which shall not be diminished during their Continuance in
Office.'' A Justice may, if so desired, retire at the age of 70 after
serving for 10 years as a Federal judge or at age 65 after 15 years of
service.
The Clerk, the Reporter of Decisions, the Librarian, and the Marshal
are appointed by the Court to assist in the performance of its
functions. Other Court officers, including the Administrative Assistant,
the Court Counsel, the Curator, the Director of Data Systems, and the
Public Information Officer, are appointed by the Chief Justice to assist
him with the administrative aspects of his position.
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The library is open to members of the bar of the Court, attorneys
for the various Federal departments and agencies, and Members of
Congress. Only members of the bar of the Court may practice before the
Supreme Court.
The term of the Court begins, by law, the first Monday in October of
each year and continues as long as the business before the Court
requires, usually until about the end of June. Six members constitute a
quorum. Approximately 7,000 cases are passed upon in the course of a
term. In addition, some 1,200 applications of various kinds are filed
each year that can be acted upon by a single Justice.
Jurisdiction According to the Constitution (art. III, sec. 2), ``[t]he
judicial Power shall extend to all Cases, in Law and Equity, arising
under this Constitution, the Laws of the United States, and Treaties
made, or which shall be made, under their Authority;--to all Cases
affecting Ambassadors, other public Ministers and Consuls;--to all Cases
of admiralty and maritime Jurisdiction;--to Controversies to which the
United States shall be a Party;--to Controversies between two or more
States;--between a State and Citizens of another State;--between
Citizens of different States;--between Citizens of the same State
claiming Lands under Grants of different States, and between a State, or
the Citizens thereof, and foreign States, Citizens or Subjects.
``In all Cases affecting Ambassadors, other public Ministers and
Consuls, and those in which a State shall be Party, the supreme Court
shall have original Jurisdiction. In all the other Cases before
mentioned, the supreme Court shall have appellate Jurisdiction, both as
to Law and Fact, with such Exceptions, and under such Regulations as the
Congress shall make.''
Appellate jurisdiction has been conferred upon the Supreme Court by
various statutes, under the authority given Congress by the
Constitution. The basic statute effective at this time in conferring and
controlling jurisdiction of the Supreme Court may be found in 28 U.S.C.
1251, 1253, 1254, 1257-1259, and various special statutes. Congress has
no authority to change the original jurisdiction of this Court.
Rulemaking Power Congress has from time to time conferred upon the
Supreme Court power to prescribe rules of procedure to be followed by
the lower courts of the United States. Pursuant to these statutes there
are now in force rules promulgated by the Court to govern civil and
criminal cases in the district courts, bankruptcy proceedings, admiralty
cases, appellate proceedings, and the trial of misdemeanors before U.S.
magistrate judges.
For further information concerning the Supreme Court, contact the Public
Information Office, United States Supreme Court Building, 1 First Street
NE., Washington, DC 20543. Phone, 202-479-3211.
Lower Courts
Article III of the Constitution declares, in section 1, that the
judicial power of the United States shall be invested in one Supreme
Court and in ``such inferior Courts as the Congress may from time to
time ordain and establish.'' The Supreme Court has held that these
constitutional courts ``. . . share in the exercise of the judicial
power defined in that section, can be invested with no other
jurisdiction, and have judges who hold office during good behavior, with
no power in Congress to provide otherwise.''
United States Courts of Appeals The courts of appeals are intermediate
appellate courts created by act of March 3, 1891 (28 U.S.C. ch. 3), to
relieve the Supreme Court of considering all appeals in cases originally
decided by the Federal trial courts. They are empowered to review all
final decisions and certain
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interlocutory decisions (18 U.S.C. 3731, 3734; 28 U.S.C. 1291, 1292) of
district courts. They also are empowered to review and enforce orders of
many Federal administrative bodies. The decisions of the courts of
appeals are final except as they are subject to discretionary review or
appeal in the Supreme Court.
The United States is divided geographically into 12 judicial
circuits, including the District of Columbia. Each circuit has a court
of appeals (28 U.S.C. 41, 1294). Each of the 50 States is assigned to
one of the circuits, and the Territories are assigned variously to the
first, third, and ninth circuits. There is also a Court of Appeals for
the Federal Circuit, which has nationwide jurisdiction defined by
subject matter. At present each court of appeals has from 6 to 28
permanent circuit judgeships (179 in all), depending upon the amount of
judicial work in the circuit. Circuit judges hold their offices during
good behavior as provided by Article III, section 1, of the
Constitution. The judge senior in commission who is under 70 years of
age (65 at inception of term), has been in office at least 1 year, and
has not previously been chief judge, serves as the chief judge of the
circuit for a 7-year term. One of the justices of the Supreme Court is
assigned as circuit justice for each of the 13 judicial circuits. Each
court of appeals normally hears cases in panels consisting of three
judges but may sit en banc with all judges present.
The judges of each circuit by vote determine the size of the
judicial council for the circuit, which consists of the chief judge and
an equal number of circuit and district judges. The council considers
the state of Federal judicial business in the circuit and may ``make all
necessary and appropriate orders for [its] effective and expeditious
administration . . .'' (28 U.S.C. 332). The chief judge of each circuit
summons annually a judicial conference of all circuit and district
judges in the circuit, and sometimes members of the bar, to discuss the
business of the Federal courts of the circuit (28 U.S.C. 333). The chief
judge of each circuit and a district judge elected from each of the 12
geographical circuits, together with the chief judge of the Court of
International Trade, serve as members of the Judicial Conference of the
United States, over which the Chief Justice of the United States
presides. This is the governing body for the administration of the
Federal judicial system as a whole (28 U.S.C. 331).
United States Court of Appeals for the Federal Circuit This court was
established under Article III of the Constitution pursuant to the
Federal Courts Improvement Act of 1982 (28 U.S.C. 1 note), as successor
to the former United States Court of Customs and Patent Appeals and the
United States Court of Claims. The jurisdiction of the court is
nationwide (as provided by 28 U.S.C. 1295) and includes appeals from the
district courts in patent cases; appeals from the district courts in
contract, and certain other civil actions in which the United States is
a defendant; and appeals from final decisions of the U.S. Court of
International Trade, the U.S. Court of Federal Claims, and the U.S.
Court of Veterans Appeals. The jurisdiction of the court also includes
the review of administrative rulings by the Patent and Trademark Office,
U.S. International Trade Commission, Secretary of Commerce, agency
boards of contract appeals, and the Merit Systems Protection Board, as
well as rulemaking of the Department of Veterans Affairs; review of
decisions of the U.S. Senate Select Committee on Ethics concerning
discrimination claims of Senate employees; and review of a final order
of an entity to be designated by the President concerning discrimination
claims of Presidential appointees.
The court consists of 12 circuit judges. It sits in panels of three
or more on each case and may also hear or rehear a case en banc. The
court sits principally in Washington, DC, and may hold court wherever
any court of appeals sits (28 U.S.C. 48).
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Judicial Circuits--United States Courts of Appeals
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Circuit Judges Official Station
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District of Columbia Circuit
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(Clerk: Mark J. Langer; Circuit Justice
Circuit Executive: Linda Ferren; Chief Justice William H. Rehnquist
Washington, DC)
Circuit Judges
Harry T. Edwards, Chief Judge Washington, DC
Patricia M. Wald Washington, DC
Laurence H. Silberman Washington, DC
Stephen F. Williams Washington, DC
Douglas H. Ginsburg Washington, DC
David Bryan Sentelle Washington, DC
Karen LeCraft Henderson Washington, DC
A. Raymond Randolph Washington, DC
Judith W. Rogers Washington, DC
David S. Tatel Washington, DC
(2 vacancies)
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First Circuit
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Districts of Maine, New Circuit Justice
Hampshire, Massachusetts, Justice David H. Souter
Rhode Island, and Puerto Rico
(Clerk: William H. Ng; Circuit Judges
Circuit Executive: Juan R. Torruella, Chief Judge Hato Rey, PR
Vincent F. Flanagan; Bruce M. Selya Providence, RI
Boston, MA) Michael Boudin Boston, MA
Norman H. Stahl Concord, NH
Sandra L. Lynch Boston, MA
(Vacancy)
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Second Circuit
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Districts of Vermont, Circuit Justice
Connecticut, northern New Justice Ruth Bader Ginsburg
York, southern New York,
eastern New York, and Circuit Judges
western New York Jon O. Newman, Chief Judge Hartford, CT
(Clerk: George Lange III; Circuit Amalya Lyle Kearse New York, NY
Executive: Steven Flanders; Ralph K. Winter, Jr. New Haven, CT
New York, NY) John M. Walker, Jr. New York, NY
Joseph M. McLaughlin New York, NY
Dennis G. Jacobs New York, NY
Pierre N. Leval New York, NY
Guido Calabresi New Haven, CT
Jose A. Cabranes New Haven, CT
Fred I. Parker Burlington, VT
(3 vacancies)
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Third Circuit
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Districts of New Jersey, Circuit Justice
eastern Pennsylvania, Justice David H. Souter
middle Pennsylvania,
western Pennsylvania, Circuit Judges
Delaware, and the Virgin Dolores Korman Sloviter, Chief Judge Philadelphia, PA
Islands Edward R. Becker Philadelphia, PA
(Clerk: P. Douglas Sisk; Walter K. Stapleton Wilmington, DE
Circuit Executive: Carol Los Mansmann Pittsburgh, PA
Toby D. Slawsky; Morton I. Greenberg Trenton, NJ
Philadelphia, PA) Anthony J. Scirica Philadelphia, PA
Robert E. Cowen Trenton, NJ
Richard Lowell Nygaard Erie, PA
Samuel A. Alito, Jr. Newark, NJ
Jane R. Roth Wilmington, DE
Timothy K. Lewis Pittsburgh, PA
Theodore A. McKee Philadelphia, PA
(Vacancy)
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Fourth Circuit
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Districts of Maryland, Circuit Justice
northern West Virginia, Chief Justice William H. Rehnquist
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southern West Virginia,
eastern Virginia, western Circuit Judges
Virginia, eastern North James Harvie Wilkinson III, Chief Charlottesville, VA
Judge
Carolina, middle North Sam J. Ervin III Morganton, NC
Carolina, western North Donald S. Russell Spartanburg, SC
Carolina, and South H. Emory Widener, Jr. Abingdon,VA
Carolina Kenneth K. Hall Charleston, WV
(Clerk: Patricia S. Connor; Francis D. Murnaghan, Jr. Baltimore, MD
Circuit Executive: William W. Wilkins, Jr. Greenville, SC
Samuel W. Phillips; Paul V. Niemeyer Baltimore, MD
Richmond, VA) Clyde H. Hamilton Columbia, SC
J. Michael Luttig McLean, VA
Karen J. Williams Orangeburg, SC
M. Blane Michael Charleston, WV
Diana Gribbon Motz Baltimore, MD
(2 vacancies)
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Fifth Circuit
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Districts of northern Circuit Justice
Mississippi, southern Mississippi, Justice Antonin Scalia
eastern Louisiana, middle
Louisiana, western Louisiana, Circuit Judges
northern Texas, southern Henry A. Politz, Chief Judge Shreveport, LA
Texas, eastern Texas, and Carolyn Dineen King Houston, TX
western Texas E. Grady Jolly Jackson, MS
(Clerk: Charles R. Fulbruge III; Patrick E. Higginbotham Dallas, TX
Circuit Executive: W. Eugene Davis Lafayette, LA
Gregory A. Nussel; Edith H. Jones Houston, TX
New Orleans, LA) Jerry Edwin Smith Houston, TX
John M. Duhe, Jr. Lafayette, LA
Rhesa H. Barksdale Jackson, MS
Jacques L. Wiener, Jr. Shreveport, LA
Emilio M. Garza San Antonio, TX
Harold R. Demoss, Jr. Houston, TX
Fortunado P. Benavides Austin, TX
Carl E. Stewart Shreveport, LA
Robert M. Parker Tyler, TX
James L. Dennis New Orleans, LA
(Vacancy)
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Sixth Circuit
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Districts of northern Ohio, Circuit Justice
southern Ohio, eastern Justice John Paul Stevens
Michigan, western
Michigan, eastern Kentucky, Circuit Judges
western Kentucky, eastern Boyce F. Martin, Jr., Chief Judge Louisville, KY
Tennessee, middle Tennessee, Gilbert S. Merritt Nashville, TN
and western Tennessee Cornelia G. Kennedy Detroit, MI
(Clerk: Leonard Green; David A. Nelson Cincinnati, OH
Circuit Executive: James L. Ryan Detroit, MI
James A. Higgins; Danny J. Boggs Louisville, KY
Cincinnati, OH) Alan E. Norris Columbus, OH
Richard F. Suhrheinrich Lansing, MI
Eugene E. Siler, Jr. London, KY
Alice M. Batchelder Medina, OH
Martha Craig Daughtrey Nashville, TN
Karen Nelson Moore Cleveland, OH
Ransey Guy Cole, Jr. Columbus, OH
(3 vacancies)
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Seventh Circuit
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Districts of northern Indiana, Circuit Justice
southern Indiana, northern Justice John Paul Stevens
Illinois, central Illinois,
southern Illinois, eastern Circuit Judges
Wisconsin, and western Richard A. Posner, Chief Judge Chicago, IL
Wisconsin Walter J. Cummings Chicago, IL
(Clerk: Thomas F. Strubbe; John L. Coffey Milwaukee, WI
Circuit Executive: Joel M. Flaum Chicago, IL
Collins T. Fitzpatrick; Frank H. Easterbrook Chicago, IL
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Chicago, IL) Kenneth F. Ripple South Bend, IN
Daniel A. Manion South Bend, IN
Michael S. Kanne Lafayette, IN
Ilana Diamond Rovner Chicago, IL
Diane P. Wood Chicago, IL
Terence T. Evans Milwaukee, WI
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Eighth Circuit
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Districts of Minnesota, Circuit Justice
northern Iowa, southern Justice Clarence Thomas
Iowa, eastern Missouri,
western Missouri, eastern Circuit Judges
Arkansas, western Arkansas, Richard S. Arnold, Chief Judge Little Rock, AR
Nebraska, North Dakota, Theodore McMillian St. Louis, MO
and South Dakota George G. Fagg Des Moines, IA
(Clerk: Michael Ellis Gans; Pasco M. Bowman II Kansas City, MO
Circuit Executive: Roger L. Wollman Sioux Falls, SD
June L. Boadwine; Frank J. Magill Fargo, ND
St. Louis, MO, and Clarence Arlen Beam Lincoln, NE
St. Paul, MN) James B. Loken St. Paul, MN
David R. Hansen Cedar Rapids, IA
Morris S. Arnold Little Rock, AR
Diana E. Murphy Minneapolis, MN
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Ninth Circuit
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Districts of northern Circuit Justice
California, eastern Justice Sandra Day O'Connor
California, central California,
southern California, Oregon, Circuit Judges
Nevada, Montana, eastern Procter Hug, Jr., Chief Judge Reno, NV
Washington, western James R. Browning San Francisco, CA
Washington, Idaho, Arizona, Mary M. Schroeder Phoenix, AZ
Alaska, Hawaii, Territory Betty B. Fletcher Seattle, WA
of Guam, and District Harry Pregerson Woodland Hills, CA
Court for the Northern Stephan Reinhardt Los Angeles, CA
Mariana Islands Cynthia Holcomb Hall Pasadena, CA
(Clerk: Cathy A. Catterson; Melvin Brunetti Reno, NV
Circuit Executive: Alex Kozinski Pasadena, CA
Gregory B. Walters; David R. Thompson San Diego, CA
San Francisco, CA) Diarmuid F. O'Scannlain Portland, OR
Edward Leavy Portland, OR
Stephen S. Trott Boise, ID
Ferdinand F. Fernandez Pasadena, CA
Pamela A. Rymer Pasadena, CA
Thomas G. Nelson Boise, ID
Andrew J. Kleinfeld Fairbanks, AK
Michael D. Hawkins Phoenix, AZ
A. Wallace Tashima Pasadena, CA
Sidney R. Thomas Billings, MT
(8 vacancies)
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Tenth Circuit
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Districts of Colorado, Circuit Justice
Wyoming, Utah, Kansas, Justice Stephen G. Breyer
eastern Oklahoma, western
Oklahoma, northern Circuit Judges
Oklahoma, and New Stephanie K. Seymour, Chief Judge Tulsa, OK
Mexico John C. Porfilio Denver, CO
(Clerk: Patrick J. Fisher; Stephen H. Anderson Salt Lake City, UT
Circuit Executive: Deanell Reece Tacha Lawrence, KS
Robert L. Hoecker; Bobby R. Baldock Roswell, NM
Denver, CO) Wade Brorby Cheyenne, WY
David M. Ebel Denver, CO
Paul J. Kelly, Jr. Santa Fe, NM
Robert H. Henry Oklahoma City, OK
Mary Beck Briscoe Topeka, KS
Carlos F. Lucero Denver, CO
Michael R. Murphy Salt Lake City, UT
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Eleventh Circuit
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Districts of northern Circuit Justice
Georgia, middle Georgia, Justice Anthony M. Kennedy
southern Georgia, northern
Florida, middle Florida, Circuit Judges
southern Florida, northern Joseph Woodrow Hatchett, Chief Judge Tallahassee, FL
Alabama, middle Alabama, Gerald B. Tjoflat Jacksonville, FL
southern Alabama R. Lanier Anderson III Macon, GA
(Clerk: Miguel J. Cortez, Jr.; J.L. Edmondson Atlanta, GA
Circuit Executive: Emmett Ripley Cox Mobile, AL
Norman E. Zoller; Stanley F. Birch, Jr. Atlanta, GA
Atlanta, GA) Joel F. Dubina Montgomery, AL
Susan H. Black Jacksonville, FL
Edward E. Carnes Montgomery, AL
Rosemary Barkett Miami, FL
(2 vacancies)
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Federal Circuit--Washington, DC
Circuit Justice
Chief Justice William H. Rehnquist
Chief Judge
Glenn L. Archer, Jr.
Judges
Giles S. Rich
Pauline Newman
Haldane Robert Mayer
Paul R. Michel
S. Jay Plager
Alan D. Lourie
Raymond C. Clevenger III
Randall R. Rader
Alvin A. Schall
William C. Bryson
(Vacancy)
Clerk: Jan Horbaly
Administrative Services Officer: Ruth A. Butler
United States District Courts The district courts are the trial courts
of general Federal jurisdiction. Each State has at least one district
court, while the larger States have as many as four. Altogether there
are 89 district courts in the 50 States, plus the one in the District of
Columbia. In addition, the Commonwealth of Puerto Rico has a district
court with jurisdiction corresponding to that of district courts in the
various States.
At present, each district court has from 2 to 28 Federal district
judgeships, depending upon the amount of judicial work within its
territory. Only one judge is usually required to hear and decide a case
in a district court, but in some limited cases it is required that three
judges be called together to comprise the court (28 U.S.C. 2284). The
judge senior in commission who is under 70 years of age (65 at inception
of term), has been in office for at least 1 year, and has not previously
been chief judge, serves as chief judge for a 7-year term. There are
altogether 610 permanent district judgeships in the 50 States and 15 in
the District of Columbia. There are 7 district judgeships in Puerto
Rico. District judges hold their offices during good behavior as
provided by Article III, section 1, of the Constitution. However,
Congress may create temporary judgeships for a court with the provision
that when a vacancy occurs in that district, such vacancy shall not be
filled. Each district court has one or more United States magistrate
judges and bankruptcy judges, a clerk, a United States attorney, a
United States marshal, probation officers, court reporters, and their
staffs. The jurisdiction of the district courts is set forth in title
28, chapter 85, of the United States Code and at 18 U.S.C. 3231.
Cases from the district courts are reviewable on appeal by the
applicable court of appeals.
Territorial Courts Pursuant to its authority to govern the Territories
(art. IV, sec. 3, clause 2, of the Constitution), Congress has
established district courts in the territories of Guam and the Virgin
Islands. The District Court of the Canal Zone was abolished on April 1,
1982, pursuant to the Panama Canal Act of 1979 (22 U.S.C. 3601 note).
Congress has also established a district court in the Northern Mariana
Islands, which presently is administered by the United States under a
trusteeship agreement with the United Nations. These
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Territorial courts have jurisdiction not only over the subjects
described in the judicial article of the Constitution but also over many
local matters that, within the States, are decided in State courts. The
district court of Puerto Rico, by contrast, is established under Article
III, is classified like other ``district courts,'' and is called a
``court of the United States'' (28 U.S.C. 451). There is one judge each
in Guam and the Northern Mariana Islands, and two in the Virgin Islands.
The judges in these courts are appointed for terms of 10 years.
For further information concerning the lower courts, contact the
Administrative Office of the United States Courts, Thurgood Marshall
Federal Judiciary Building, One Columbus Circle NE., Washington, DC
20544. Phone, 202-273-1120
United States Court of International Trade This court was originally
established as the Board of United States General Appraisers by act of
June 10, 1890, which conferred upon it jurisdiction theretofore held by
the district and circuit courts in actions arising under the tariff acts
(19 U.S.C. ch. 4). The act of May 28, 1926 (19 U.S.C. 405a), created the
United States Customs Court to supersede the Board; by acts of August 7,
1939, and June 25, 1948 (28 U.S.C. 1582, 1583), the court was integrated
into the United States court structure, organization, and procedure. The
act of July 14, 1956 (28 U.S.C. 251), established the court as a court
of record of the United States under Article III of the Constitution.
The Customs Courts Act of 1980 (28 U.S.C. 251) constituted the court
as the United States Court of International Trade and revised provisions
relating to its jurisdiction. The Court of International Trade has all
the powers in law and equity of a district court.
The Court of International Trade has jurisdiction over any civil
action against the United States arising from Federal laws governing
import transactions. This includes classification and valuation cases,
as well as authority to review certain agency determinations under the
Trade Agreements Act of 1979 (19 U.S.C. 2501) involving antidumping and
countervailing duty matters. In addition, it has exclusive jurisdiction
of civil actions to review determinations as to the eligibility of
workers, firms, and communities for adjustment assistance under the
Trade Act of 1974 (19 U.S.C. 2101). Civil actions commenced by the
United States to recover customs duties, to recover on a customs bond,
or for certain civil penalties alleging fraud or negligence are also
within the exclusive jurisdiction of the court.
The court is composed of a chief judge and eight judges, not more
than five of whom may belong to any one political party. Any of its
judges may be temporarily designated and assigned by the Chief Justice
of the United States to sit as a court of appeals or district court
judge in any circuit or district. The court has a clerk and deputy
clerks, a librarian, court reporters, and other supporting personnel.
Cases before the court may be tried before a jury. Under the Federal
Courts Improvement Act of 1982 (28 U.S.C. 1295), appeals are taken to
the U.S. Court of Appeals for the Federal Circuit, and ultimately review
may be sought in appropriate cases in the Supreme Court of the United
States.
The principal offices are located in New York, NY, but the court is
empowered to hear and determine cases arising at any port or place
within the jurisdiction of the United States.
For further information, contact the Clerk, United States Court of
International Trade, One Federal Plaza, New York, NY 10007. Phone, 212-
264-2814.
Judicial Panel on Multidistrict Litigation The Panel, created by act of
April 29, 1968 (28 U.S.C. 1407), and consisting of seven Federal judges
designated by the Chief Justice from the courts of appeals and district
courts, is authorized to temporarily transfer to a single district, for
coordinated or consolidated pretrial proceedings, civil actions pending
in different districts that involve one or more common questions of
fact.
For further information, contact the Clerk, Judicial Panel on
Multidistrict Litigation, Room G-255, Thurgood Marshall Federal
Judiciary Building, One Columbus Circle NE., Washington, DC 20002.
Phone, 202-273-2800.
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Special Courts
The Supreme Court has held that ``. . . Article III [of the
Constitution] does not express the full authority of Congress to create
courts, and that other Articles invest Congress with powers in the
exertion of which it may create inferior courts and clothe them with
functions deemed essential or helpful in carrying those powers into
execution.'' Such courts, known as legislative courts, have functions
which ``. . . are directed to the execution of one or more of such
powers and are prescribed by Congress independently of section 2 of
Article III; and their judges hold office for such term as Congress
prescribes, whether it be a fixed period of years or during good
behavior.'' Appeals from the decisions of these courts, with the
exception of the U.S. Tax Court and the U.S. Court of Appeals for the
Armed Forces, may be taken to the U.S. Court of Appeals for the Federal
Circuit. Appeals from the decisions of the Tax Court may be taken to the
court of appeals in which judicial circuit the case was initially heard.
Certain decisions of the U.S. Court of Appeals for the Armed Forces are
reviewable by writ of certiorari in the Supreme Court.
United States Court of Federal Claims The Claims Court was established
on October 1, 1982, as an Article I court (28 U.S.C. 171, Article I,
U.S. Constitution). The Claims Court succeeds to the original
jurisdiction of the former Court of Claims, as provided for in 28 U.S.C.
1491 et seq. Its name was changed to the United States Court of Federal
Claims by the Federal Courts Administration Act of 1992 (28 U.S.C. 1
note, 106 Stat. 4516). The court is composed of a chief judge,
designated by the President, and 15 associate judges. All judges are
appointed for 15-year terms by the President with the advice and consent
of the Senate.
The court has jurisdiction over claims seeking money judgments
against the United States. A claim must be founded upon either: the
United States Constitution; an act of Congress; the regulation of an
executive department; an express or implied-in-fact contract with the
United States; or damages, liquidated or unliquidated, in cases not
sounding in tort.
If a bidder files a claim with the court either before or after the
award of a Government contract, it has jurisdiction to grant declaratory
judgments and equitable relief. Under the Contract Disputes Act (41
U.S.C. 601 et seq.), the court may render judgments upon a claim by or
against a contractor, or any dispute between a contractor and the United
States Government arising under the act.
The Congress, from time to time, also grants the court jurisdiction
over specific types of claims against the United States. The National
Vaccine Injury Compensation Program, established by 42 U.S.C. 300aa-10
(the Vaccine Act), is an example of such special jurisdiction.
The court also reports to Congress on bills referred by either the
House of Representatives or the Senate.
Judgments of the court are final and conclusive on both the claimant
and the United States. All judgments are subject to appeal to the U.S.
Court of Appeals for the Federal Circuit. Collateral to any judgment,
the court may issue orders directing the restoration to office or status
of any claimant or the correction of applicable records.
The court's jurisdiction is nationwide. Trials are conducted before
individual judges at locations most convenient and least expensive to
citizens.
For further information, contact the Clerk, United States Court of
Federal Claims, 717 Madison Place NW., Washington, DC 20005. Phone, 202-
219-9657.
United States Court of Appeals for the Armed Forces This court was
established under Article I of the Constitution of the United States
pursuant to act of May 5, 1950, as amended (10 U.S.C. 867). Subject only
to certiorari review by the Supreme Court of the United States in a
limited number of cases, the court serves as the final appellate
tribunal to review court-martial convictions of all the Armed
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Forces. It is exclusively an appellate criminal court, consisting of
five civilian judges who are appointed for 15-year terms by the
President with the advice and consent of the Senate. The court is called
upon to exercise jurisdiction to review the record in all cases:
--extending to death;
--certified to the court by a Judge Advocate General of an armed
force or by the General Counsel of the Department of Transportation,
acting for the Coast Guard; or
--petitioned by accused who have received a sentence of confinement
for 1 year or more, and/or a punitive discharge.
The court also exercises authority under the All Writs Act (28
U.S.C. 1651 (a)).
In addition, the judges of the court are required by law to work
jointly with the senior uniformed lawyer from each armed force, the
Chief Counsel of the Coast Guard, and two members of the public
appointed by the Secretary of Defense, to make an annual comprehensive
survey and to report annually to the Congress on the operation and
progress of the military justice system under the Uniform Code of
Military Justice, and to recommend improvements wherever necessary.
For further information, contact the Clerk, United States Court of
Appeals for the Armed Forces, 450 E Street NW., Washington, DC 20442-
0001. Phone, 202-761-1448. Fax, 202-761-4672.
United States Tax Court This is a court of record under Article I of
the Constitution of the United States (26 U.S.C. 7441). Currently an
independent judicial body in the legislative branch, the court was
originally created as the United States Board of Tax Appeals, an
independent agency in the executive branch, by the Revenue Act of 1924
(43 Stat. 336) and continued by the Revenue Act of 1926 (44 Stat. 105),
the Internal Revenue Codes of 1939, 1954, and 1986. The name was changed
to the Tax Court of the United States by the Revenue Act of 1942 (56
Stat. 957), and the Article I status and change in name to United States
Tax Court were effected by the Tax Reform Act of 1969 (83 Stat. 730).
The court is composed of 19 judges. Its strength is augmented by
senior judges who may be recalled by the chief judge to perform further
judicial duties and by 14 special trial judges who are appointed by the
chief judge and serve at the pleasure of the court. The chief judge is
elected biennially from among the 19 judges of the court.
The Tax Court tries and adjudicates controversies involving the
existence of deficiencies or overpayments in income, estate, gift, and
generation-skipping transfer taxes in cases where deficiencies have been
determined by the Commissioner of Internal Revenue. It also hears cases
commenced by transferees and fiduciaries who have been issued notices of
liability by the Commissioner.
The Tax Court has jurisdiction to redetermine excise taxes and
penalties imposed on private foundations. Similar jurisdiction over
excise taxes has been conferred with regard to public charities,
qualified pension plans, and real estate investment trusts.
At the option of the individual taxpayer, simplified procedures may
be utilized for the trials of small tax cases, provided that in a case
conducted under these procedures the decision of the court would be
final and not subject to review by any court. The jurisdictional maximum
for such cases is $10,000 for any disputed year.
In disputes relating to public inspection of written determinations
by the Internal Revenue Service, the Tax Court has jurisdiction to
restrain disclosure or to obtain additional disclosure of written
determinations or background file documents and, at the request of any
person, to order disclosure of the identity of any person to whom the
written determination pertains, if there has been a third party contact
noted on the determination made public.
The Tax Court has jurisdiction to render declaratory judgments
relating to the qualification of retirement plans, including pension,
profit-sharing, stock bonus, annuity, and bond purchase
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plans; the tax-exempt status of a charitable organization, qualified
charitable donee, private foundation, or private operating foundation;
and the status of interest on certain governmental obligations.
Additional jurisdiction was conferred on the Tax Court by the Technical
and Miscellaneous Revenue Act of 1988 (102 Stat. 3342). Such
jurisdiction includes injunctive authority over certain procedure
assessments, authority to review certain jeopardy assessments and
jeopardy levies, and authority to hear and decide appeals by taxpayers
from the denial of administrative costs by the Internal Revenue Service.
All decisions, other than small tax case decisions, are subject to
review by the courts of appeals and thereafter by the Supreme Court of
the United States upon the granting of a writ of certiorari.
The office of the court and all of its judges are located in
Washington, DC, with the exception of a field office located in Los
Angeles, CA. The court conducts trial sessions at various locations
within the United States as reasonably convenient to taxpayers as
practicable. Each trial session is conducted by a single judge or a
special trial judge. All proceedings are public and are conducted
judicially in accordance with the court's Rules of Practice and the
rules of evidence applicable in trials without a jury in the U.S.
District Court for the District of Columbia. A fee of $60 is prescribed
for the filing of a petition. Practice before the court is limited to
practitioners admitted under the court's Rules.
For further information, contact the Administrative Office, United
States Tax Court, 400 Second Street NW., Washington, DC 20217. Phone,
202-606-8751.
United States Court of Veterans Appeals The United States Court of
Veterans Appeals was established on November 18, 1988 (102 Stat. 4105,
38 U.S.C. 4051) pursuant to Article I of the Constitution, and given
exclusive jurisdiction to review decisions of the Board of Veterans
Appeals. However, the court may not review the schedule of ratings for
disabilities or actions of the Secretary in adopting or revising that
schedule. Decisions of the Court of Veterans Appeals may be appealed to
the United States Court of Appeals for the Federal Circuit.
The court consists of a chief judge and at least two, but not more
than six, associate judges. All judges are appointed by the President
with the advice and consent of the Senate for terms of 15 years.
The court's principal office is in the District of Columbia, but the
court can also act at any place within the United States.
For further information, contact the Clerk, United States Court of
Veterans Appeals, Suite 900, 625 Indiana Avenue NW., Washington, DC
20004-2950. Phone, 202-501-5970.
Other Courts There have also been created two courts of local
jurisdiction for the District of Columbia: the District of Columbia
Court of Appeals and the Superior Court.
Business of the Federal Courts
The business of all the Federal courts described here, except the Court
of Military Appeals, the Tax Court, the Court of Veterans Appeals, and
the District of Columbia courts, is discussed in detail in the text and
tables of the Annual Report of the Director of the Administrative Office
of the United States Courts (1940-95).
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