United States Court of Appeals for the Fourth Circuit

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Template:Short description Template:Infobox U.S. federal court

The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:

The court is based at the Lewis F. Powell Jr. United States Courthouse in Richmond, Virginia. With 15 authorized judgeships, it is the 4th largest circuit among the 13 United States Courts of Appeals.

File:Richmond Federal Appeals Court and skyline VA2.jpg
Lewis F. Powell, Jr. Courthouse

Current composition of the court

Template:As of:[1][2]

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
48 Chief Judge Albert Diaz Charlotte, NC 1960 2010–present 2023–present — Template:Sort
30 Circuit Judge J. Harvie Wilkinson III Charlottesville, VA 1944 1984–present 1996–2003 — Template:Sort
33 Circuit Judge Paul V. Niemeyer Baltimore, MD 1941 1990–present — — Template:Sort
40 Circuit Judge Robert Bruce King Charleston, WV 1940 1998–present — — Template:Sort
41 Circuit Judge Roger Gregory Richmond, VA 1953 2000–present 2016–2023 — Template:SortTemplate:Efn
44 Circuit Judge G. Steven Agee Salem, VA 1952 2008–present — — Template:Sort
47 Circuit Judge James Andrew Wynn Raleigh, NC 1954 2010–present — — Template:Sort
50 Circuit Judge Stephanie Thacker Charleston, WV 1965 2012–present — — Template:Sort
51 Circuit Judge Pamela Harris Bethesda, MD 1962 2014–present — — Template:Sort
52 Circuit Judge Julius N. Richardson Columbia, SC 1976 2018–present — — Template:Sort
53 Circuit Judge A. Marvin Quattlebaum Jr. Greenville, SC 1964 2018–present — — Template:Sort
54 Circuit Judge Allison Jones Rushing Asheville, NC 1982 2019–present — — Template:Sort
55 Circuit Judge Toby J. Heytens Alexandria, VA 1975 2021–present — — Template:Sort
56 Circuit Judge DeAndrea G. Benjamin Columbia, SC 1972 2023–present — — Template:Sort
57 Circuit Judge Nicole Berner Baltimore, MD 1965 2024–present — — Biden
38 Senior Circuit Judge Diana Gribbon Motz inactive 1943 1994–2022 — 2022–present Template:Sort
39 Senior Circuit Judge William Byrd Traxler Jr. Greenville, SC 1948 1998–2018 2009–2016 2018–present Template:Sort
46 Senior Circuit Judge Barbara Milano Keenan Alexandria, VA 1950 2010–2021 — 2021–present Template:Sort
49 Senior Circuit Judge Henry F. Floyd Spartanburg, SC 1947 2011–2021 — 2021–present Template:Sort

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List of former judges

# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 Template:Sortname MD 1828–1893 1891–1893 — — Template:Sortname / Operation of law[3] death
2 Template:Sortname WV 1843–1920 1892–1913 — — Template:Sortname resignation
3 Template:Sortname SC 1829–1904 1893–1904 — — Template:Sortname death
4 Template:Sortname NC 1857–1921 1904–1921 — — Template:Sortname death
5 Template:Sortname NY 1843–1923 1916–1923 — — [4] death
6 Template:Sortname SC 1852–1925 1913–1925 — — Template:Sortname death
7 Template:Sortname VA 1855–1931 1921–1931 — — Template:Sortname death
8 Template:Sortname MD 1861–1927 1922–1927 — — Template:Sortname death
9 Template:Sortname NC 1885–1958 1925–1958 1948–1958 — Template:Sortname death
10 Template:Sortname WV 1869–1946 1927–1939 — 1939–1946 Template:Sortname death
11 Template:Sortname[5] MD 1873–1963 1931–1955 — 1955–1963 Template:Sortname death
12 Template:Sortname[5] VA 1881–1962 1939–1956 — 1956–1962 Template:Sortname death
13 Template:Sortname MD 1894–1973 1956–1970 1958–1964 1970–1973 Template:Sortname death
14 Template:Sortname SC 1912–1989 1957–1981 1964–1981 1981–1989 Template:Sortname death
15 Template:Sortname WV 1897–1982 1959–1971 — 1971–1982 Template:Sortname death
16 Template:Sortname VA 1899–1984 1961–1972 — 1972–1984 Template:Sortname death
17 Template:Sortname NC 1906–1967 1961–1967 — — Template:Sortname death
18 Template:Sortname MD 1921–1990 1966–1990 1981–1989 1990 Template:Sortname death
19 Template:Sortname NC 1918–1977 1966–1977 — — Template:Sortname death
20 Template:Sortname VA 1917–2006 1967–1982 — 1982–2006 Template:Sortname death
21 Template:Sortname SC 1906–1998 1971–1998 — — Template:Sortname death
22 Template:Sortname WV 1910–1995 1971–1976 — 1976–1995 Template:Sortname death
23 Template:Sortname VA 1923–2007 1972–2007 — 2007 Template:Sortname death
24 Template:Sortname WV 1918–1999 1976–1998 — 1998–1999 Template:Sortname death
25 Template:Sortname NC 1922–2017 1978–1994 — 1994–2017 Template:Sortname death
26 Template:Sortname MD 1920–2000 1979–2000 — — Template:Sortname death
27 Template:Sortname WV 1923–2004 1979–1992 — 1992–1995 Template:Sortname retirement
28 Template:Sortname NC 1926–1999 1980–1999 1989–1996 — Template:Sortname death
29 Template:Sortname SC 1926–2018 1981–1991 — 1991–2018 Template:Sortname death
31 Template:Sortname NC 1927–1987 1984–1986 — — Template:Sortname resignation
32 Template:Sortname SC 1942–present 1986–2007 2003–2007 2007–2008 Template:Sortname retirement
34 Template:Sortname SC 1934–2020 1991–1999 — 1999–2020 Template:Sortname death
35 Template:Sortname VA 1954–present 1991–2006 — — Template:Sortname resignation
36 Template:Sortname SC 1951–2013 1992–2009 2007–2009 2009–2013 Template:Sortname death
37 Template:Sortname WV 1943–2011 1993–2011 — — Template:Sortname death
42 Template:Sortname SC 1953–present 2002–2018 — 2018–2022 Template:Sortname retirement
43 Template:Sortname NC 1951–present 2003–2019 — 2019 Template:Sortname retirement
45 Template:Sortname MD 1949–present 2009–2014 — 2014–2017 Template:Sortname retirement

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Chief judges

Chief Judge
Parker 1948–1958
Sobeloff 1958–1964
Haynsworth 1964–1981
Winter 1981–1989
Ervin III 1989–1996
Wilkinson III 1996–2003
Wilkins 2003–2007
Williams 2007–2009
Traxler, Jr. 2009–2016
Gregory 2016–2023
Diaz 2023–present

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Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless the circuit justice (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, with seniority determined first by commission date, then by age. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. If no judge qualifies to be chief, the youngest judge over the age of 65 who has served on the court for at least one year shall act as chief until another judge qualifies. If no judge has served on the court for more than a year, the most senior judge shall act as chief. Judges can forfeit or resign their chief judgeship or acting chief judgeship while retaining their active status as a circuit judge.[6]

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.[7]

Succession of seats

The court has fifteen seats for active judges, numbered in the order in which they were initially filled. Judges who assume senior status enter a kind of retirement in which they remain on the bench but vacate their seats, thus allowing the U.S. President to appoint new judges to fill their seats.

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Practice in the 4th Circuit

From 2000 to 2008, the Court had the highest rate of non-publication (92%) on the Federal Circuit.[8]

The Chief Justice is always assigned to the Fourth Circuit as the circuit justice, due to Richmond's close proximity to Washington, D.C.Template:EfnScript error: No such module "Unsubst".

The Fourth Circuit is considered an extremely collegial court. By tradition, the judges of the Fourth Circuit come down from the bench following each oral argument to greet the lawyers.[9][10]

Case law

See also

Notes

Template:Notelist

References

Template:Reflist

External links

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  1. ↑ Script error: No such module "citation/CS1".
  2. ↑ Script error: No such module "citation/CS1".
  3. ↑ Bond was appointed as a circuit judge for the Fourth Circuit in 1870 by Ulysses S. Grant. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Fourth Circuit.
  4. ↑ Knapp did not have a permanent seat on this court. Instead, he was appointed to the ill-fated United States Commerce Court in 1910 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. Knapp was assigned to the Second Circuit upon his commission and then to the Fourth Circuit in 1916.
  5. ↑ a b Recess appointment, confirmed by the United States Senate at a later date.
  6. ↑ 28 U.S.C. Template:Trim/Template:Trim § Template:Trim
  7. ↑ 62 Stat. 871, 72 Stat. 497, 96 Stat. 51
  8. ↑ Script error: No such module "citation/CS1".
  9. ↑ Script error: No such module "Citation/CS1".
  10. ↑ Script error: No such module "citation/CS1".
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