United States Court of Appeals for the Eleventh Circuit

United States Court of Appeals for the Eleventh Circuit
(11th Cir.)
Location Elbert P. Tuttle U.S. Court of Appeals Building, Atlanta, Georgia
Appeals from
Established October 1, 1981
Chief judge Edward Earl Carnes
Active judges 12
Senior judges 8
Circuit justice Clarence Thomas
Official website

The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir. or CA11) is a federal court with appellate jurisdiction over the district courts in the following districts:

These districts were originally part of the Fifth Circuit, but were split off to form the Eleventh Circuit effective October 1, 1981.[1] For this reason, Fifth Circuit decisions from before this split are considered binding precedent in the Eleventh Circuit.[2][3]

The court is based at the Elbert P. Tuttle U.S. Court of Appeals Building in Atlanta, Georgia, named for Elbert Tuttle who served as Chief Judge of the Fifth Circuit in the 1960s and was known for issuing decisions which advanced the civil rights of African-Americans.

Eleventh Circuit Judge Gerald Bard Tjoflat is currently the longest-serving federal appeals court judge still in active service, having served since 1975.

The Eleventh Circuit is one of the thirteen United States courts of appeals.

There is currently one vacancy on the Eleventh Circuit.

Current composition of the court

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
24 Chief Judge Edward Earl Carnes Montgomery, AL 1950 1992–present 2013–present G.H.W. Bush
9 Circuit Judge Gerald Bard Tjoflat Jacksonville, FL 1929 1975–present 1989–1996 Ford[4]
26 Circuit Judge Frank M. Hull Atlanta, GA 1948 1997–present Clinton
27 Circuit Judge Stanley Marcus Miami, FL 1946 1997–present Clinton
28 Circuit Judge Charles R. Wilson Tampa, FL 1954 1999–present Clinton
29 Circuit Judge William H. Pryor, Jr. Birmingham, AL 1962 2004–present[5] G.W. Bush
30 Circuit Judge Beverly B. Martin Atlanta, GA 1955 2010–present Obama
31 Circuit Judge Adalberto Jordan Miami, FL 1961 2012–present Obama
32 Circuit Judge Robin S. Rosenbaum Fort Lauderdale, FL 1966 2014–present Obama
33 Circuit Judge Julie E. Carnes Atlanta, GA 1950 2014–present Obama
34 Circuit Judge Jill A. Pryor Atlanta, GA 1963 2014–present Obama
35 Circuit Judge vacant
10 Senior Circuit Judge James Clinkscales Hill Jacksonville, FL 1924 1976–1989 1989–present Ford[4]
11 Senior Circuit Judge Peter Thorp Fay Miami, FL 1929 1976–1994 1994–present Ford[4]
13 Senior Circuit Judge Phyllis A. Kravitch Atlanta, GA 1920 1979–1996 1996–present Carter[4]
15 Senior Circuit Judge R. Lanier Anderson III Macon, GA 1936 1979–2009 1999–2002 2009–present Carter[4]
19 Senior Circuit Judge James Larry Edmondson Atlanta, GA 1947 1986–2012 2002–2009 2012–present Reagan
20 Senior Circuit Judge Emmett Ripley Cox Mobile, AL 1935 1988–2000 2000–present Reagan
22 Senior Circuit Judge Joel Fredrick Dubina Montgomery, AL 1947 1990–2013 2009–2013 2013–present G.H.W. Bush
23 Senior Circuit Judge Susan Harrell Black Jacksonville, FL 1943 1992–2011 2011–present G.H.W. Bush

Vacancies and Pending Nominations

Seat Seat Last Held By Vacancy Reason Date of Vacancy Nominee Date of Nomination
5 Joel Fredrick Dubina Senior status October 26, 2013 Abdul K. Kallon February 11, 2016

List of former judges

# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 Rives, RichardRichard Rives AL 1895–1982 1981–1982 Truman, Truman[4] death
2 Tuttle, ElbertElbert Tuttle GA 1897–1996 1981–1996 Eisenhower, Eisenhower[4] death
3 Jones, Warren LeroyWarren Leroy Jones FL 1895–1993 1981–1993 Eisenhower, Eisenhower[4] death
4 Godbold, John CooperJohn Cooper Godbold AL 1920–2009 1981–1987 1981–1986 1987–2009 Johnson, L.L. Johnson[4] death
5 Dyer, David WilliamDavid William Dyer FL 1910–1998 1981–1998 Johnson, L.L. Johnson[4] death
6 Simpson, John Milton BryanJohn Milton Bryan Simpson FL 1903–1987 1981–1987 Johnson, L.L. Johnson[4] death
7 Morgan, Lewis RenderLewis Render Morgan GA 1913–2001 1981–2001 Johnson, L.L. Johnson[4] death
8 Roney, Paul HitchPaul Hitch Roney FL 1921–2006 1981–1989 1986–1989 1989–2006 Nixon, Nixon[4] death
12 Vance, Robert SmithRobert Smith Vance AL 1931–1989 1981–1989 Carter, Carter[4] death
14 Johnson, Frank MinisFrank Minis Johnson AL 1918–1999 1981–1991 1991–1999 Carter, Carter[4] death
16 Hatchett, Joseph WoodrowJoseph Woodrow Hatchett FL 1932–present 1981–1999 1996–1999 Carter, Carter[4] retirement
17 Henderson, Albert JohnAlbert John Henderson GA 1920–1999 1981–1986 1986–1999 Carter, Carter[4] death
18 Clark, Thomas AlonzoThomas Alonzo Clark GA 1920–2005 1981–1991 1991–2005 Carter, Carter[4] death
21 Birch, Jr., Stanley F.Stanley F. Birch, Jr. GA 1945–present 1990–2010 G.H.W. Bush, G.H.W. Bush retirement
25 Barkett, RosemaryRosemary Barkett FL 1939–present 1994–2013 Clinton, Clinton retirement

Chief judges

Chief Judge
Godbold 1981–1986
Roney 1986–1989
Tjoflat 1989–1996
Hatchett 1996–1999
Anderson 1999–2002
Edmondson 2002–2009
Dubina 2009–2013
E. Carnes 2013–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 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.

Seat 1
Established on May 31, 1938 as a seat of the United States Court of Appeals for the Fifth Circuit by 52 Stat. 584
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Godbold AL 1981–1987
Cox AL 1988–2000
W. Pryor AL 2004–present

Seat 2
Established on December 14, 1942 as a seat of the United States Court of Appeals for the Fifth Circuit by 56 Stat. 1050
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Fay FL 1981–1994
Marcus FL 1997–present

Seat 3
Established on February 10, 1954 as a seat of the United States Court of Appeals for the Fifth Circuit by 68 Stat. 8
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Kravitch GA 1981–1996
Hull GA 1997–present

Seat 4
Established on May 19, 1961 as a seat of the United States Court of Appeals for the Fifth Circuit by 75 Stat. 80
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Hill GA 1981–1989
Birch GA 1990–2010
J. Pryor GA 2014–present

Seat 5
Established on May 19, 1961 as a seat of the United States Court of Appeals for the Fifth Circuit by 75 Stat. 80
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Vance AL 1981–1989
Dubina AL 1990–2013
(vacant) AL 2013-present

Seat 6
Established on March 18, 1966 as a temporary seat of the United States Court of Appeals for the Fifth Circuit by 80 Stat. 75
Made permanent on June 18, 1968 by 82 Stat. 184
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Tjoflat FL 1981–present

Seat 7
Established on June 18, 1968 as a seat of the United States Court of Appeals for the Fifth Circuit by 82 Stat. 184
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Roney FL 1981–1989
Barkett FL 1994–2013
Rosenbaum FL 2014–present

Seat 8
Established on October 20, 1978 as a seat of the United States Court of Appeals for the Fifth Circuit by 92 Stat. 1629
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Johnson AL 1981–1991
E. Carnes AL 1992–present

Seat 9
Established on October 20, 1978 as a seat of the United States Court of Appeals for the Fifth Circuit by 92 Stat. 1629
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Anderson GA 1981–2009
Martin GA 2010–present

Seat 10
Established on October 20, 1978 as a seat of the United States Court of Appeals for the Fifth Circuit by 92 Stat. 1629
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Hatchett FL 1981–1999
Wilson FL 1999–present

Seat 11
Established on October 20, 1978 as a seat of the United States Court of Appeals for the Fifth Circuit by 92 Stat. 1629
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Henderson GA 1981–1986
Edmondson GA 1986–2012
J. Carnes GA 2014–present

Seat 12
Established on October 20, 1978 as a seat of the United States Court of Appeals for the Fifth Circuit by 92 Stat. 1629
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Clark FL 1981–1991
Black FL 1992–2011
Jordan FL 2012–present

See also

Notes

  1. Fifth Circuit Court of Appeals Reorganization Act of 1980 (Public Law 96-452; 94 Stat. 1994)
  2. "Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981), http://law.justia.com/cases/federal/appellate-courts/F2/661/1206/297940/"
  3. "Stein v. Reynolds Secs., Inc., 667 F.2d 33 (11th Cir. 1982)," http://law.justia.com/cases/federal/appellate-courts/F2/667/33/76649/
  4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Reassigned from the United States Court of Appeals for the Fifth Circuit pursuant to 94 Stat. 1994.
  5. Recess appointment, confirmed by the United States Senate at a later date.

References

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