United_States_Court_of_Appeals_for_the_Third_Circuit
United States Court of Appeals for the Third Circuit
Current United States federal appellate court
The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts:
- District of Delaware
- District of New Jersey
- Eastern District of Pennsylvania
- Middle District of Pennsylvania
- Western District of Pennsylvania
| United States Court of Appeals for the Third Circuit | |
|---|---|
| (3d Cir.) | |
| Location | James A. Byrne U.S. Courthouse |
| Appeals from | |
| Established | June 16, 1891 |
| Judges | 14 |
| Circuit Justice | Samuel Alito |
| Chief Judge | Michael Chagares |
| www | |
This circuit also hears appeals from the District Court of the Virgin Islands, which is an Article VI territorial court and not a district court under Article III of the Constitution.
The court is composed of 14 active judges and is based at the James A. Byrne United States Courthouse in Philadelphia, Pennsylvania. The court also conducts sittings in other venues, including the United States Virgin Islands.[1] It is one of 13 United States courts of appeals. Due to the court's appellate jurisdiction over Delaware (where more than half of publicly-traded companies in the United States incorporate), the court handles a significant number of influential commercial cases in the United States.
As of June 15, 2023[update]:[2][3]
| # | Title | Judge | Duty station | Born | Term of service | Appointed by | ||
|---|---|---|---|---|---|---|---|---|
| Active | Chief | Senior | ||||||
| 61 | Chief Judge | Michael Chagares | Newark, NJ | 1962 | 2006–present | 2021–present | — | G.W. Bush |
| 62 | Circuit Judge | Kent A. Jordan | Wilmington, DE | 1957 | 2006–present | — | — | G.W. Bush |
| 63 | Circuit Judge | Thomas Hardiman | Pittsburgh, PA | 1965 | 2007–present | — | — | G.W. Bush |
| 66 | Circuit Judge | Patty Shwartz | Newark, NJ | 1961 | 2013–present | — | — | Obama |
| 67 | Circuit Judge | Cheryl Ann Krause | Philadelphia, PA | 1968 | 2014–present | — | — | Obama |
| 68 | Circuit Judge | L. Felipe Restrepo | Philadelphia, PA | 1959 | 2016–present | — | — | Obama |
| 69 | Circuit Judge | Stephanos Bibas | Philadelphia, PA | 1969 | 2017–present | — | — | Trump |
| 70 | Circuit Judge | David J. Porter | Pittsburgh, PA | 1966 | 2018–present | — | — | Trump |
| 71 | Circuit Judge | Paul Matey | Newark, NJ | 1971 | 2019–present | — | — | Trump |
| 72 | Circuit Judge | Peter J. Phipps | Pittsburgh, PA | 1973 | 2019–present | — | — | Trump |
| 73 | Circuit Judge | Arianna J. Freeman | Philadelphia, PA | 1978 | 2022–present | — | — | Biden |
| 74 | Circuit Judge | Tamika Montgomery-Reeves | Wilmington, DE | 1981 | 2023–present | — | — | Biden |
| 75 | Circuit Judge | Cindy K. Chung | Pittsburgh, PA | 1975 | 2023–present | — | — | Biden |
| 76 | Circuit Judge | vacant | — | — | — | — | — | — |
| 42 | Senior Circuit Judge | Walter King Stapleton | Wilmington, DE | 1934 | 1985–1999 | — | 1999–present | Reagan |
| 45 | Senior Circuit Judge | Anthony Joseph Scirica | Philadelphia, PA | 1940 | 1987–2013 | 2003–2010 | 2013–present | Reagan |
| 46 | Senior Circuit Judge | Robert Cowen | inactive | 1930 | 1987–1998 | — | 1998–present | Reagan |
| 47 | Senior Circuit Judge | Richard Lowell Nygaard | Erie, PA | 1940 | 1988–2005 | — | 2005–present | Reagan |
| 49 | Senior Circuit Judge | Jane Richards Roth | Wilmington, DE | 1935 | 1991–2006 | — | 2006–present | G.H.W. Bush |
| 51 | Senior Circuit Judge | Theodore McKee | Philadelphia, PA | 1947 | 1994–2022 | 2010–2016 | 2022–present | Clinton |
| 53 | Senior Circuit Judge | Marjorie Rendell | Philadelphia, PA | 1947 | 1997–2015 | — | 2015–present | Clinton |
| 55 | Senior Circuit Judge | Thomas L. Ambro | Wilmington, DE | 1949 | 2000–2023 | — | 2023–present | Clinton |
| 56 | Senior Circuit Judge | Julio M. Fuentes | Newark, NJ | 1946 | 2000–2016 | — | 2016–present | Clinton |
| 57 | Senior Circuit Judge | D. Brooks Smith | Duncansville, PA | 1951 | 2002–2021 | 2016–2021 | 2021–present | G.W. Bush |
| 59 | Senior Circuit Judge | D. Michael Fisher | Pittsburgh, PA | 1944 | 2003–2017 | — | 2017–present | G.W. Bush |
| Seat | Prior judge's duty station | Seat last held by | Vacancy reason | Date of vacancy | Nominee | Date of nomination |
|---|---|---|---|---|---|---|
| 4 | Newark, NJ | Joseph A. Greenaway Jr. | Retirement | June 15, 2023 | Adeel A. Mangi | November 27, 2023 |
| # | Judge | State | Born–died | Active service | Chief Judge | Senior status | Appointed by | Reason for termination |
|---|---|---|---|---|---|---|---|---|
| 1 | Marcus Wilson Acheson | PA | 1828–1906 | 1891–1906[Note 1] | — | — | B. Harrison / Operation of law | death |
| 2 | George M. Dallas | PA | 1839–1917 | 1892–1909 | — | — | B. Harrison | retirement |
| 3 | George Gray | DE | 1840–1925 | 1899–1914[4] | — | — | McKinley | retirement |
| 4 | Joseph Buffington | PA | 1855–1947 | 1906–1938[4] | — | 1938–1947 | T. Roosevelt | death |
| 5 | William M. Lanning | NJ | 1849–1912 | 1909–1912 | — | — | Taft | death |
| 6 | Robert W. Archbald | PA | 1848–1926 | 1911–1913 | — | — | [5] | impeachment and conviction |
| 7 | John Bayard McPherson | PA | 1846–1919 | 1912–1919 | — | — | Taft | death |
| 8 | Victor Baynard Woolley | DE | 1867–1945 | 1914–1938 | — | 1938–1945 | Wilson | death |
| 9 | Thomas Griffith Haight | NJ | 1879–1942 | 1919–1920[4] | — | — | Wilson | resignation |
| 10 | John Warren Davis | NJ | 1867–1945 | 1920–1939 | — | 1939–1941 | Wilson | resignation |
| 11 | Joseph Whitaker Thompson | PA | 1861–1946 | 1931–1938 | — | 1938–1946 | Hoover | death |
| 12 | John Biggs Jr. | DE | 1895–1979 | 1937–1965 | 1948–1965 | 1965–1979 | F. Roosevelt | death |
| 13 | Albert Branson Maris | PA | 1893–1989 | 1938–1958 | — | 1958–1989 | F. Roosevelt | death |
| 14 | William Clark | NJ | 1891–1957 | 1938–1943 | — | — | F. Roosevelt | resignation |
| 15 | Francis Biddle | PA | 1886–1968 | 1939–1940 | — | — | F. Roosevelt | resignation |
| 16 | Charles Alvin Jones | PA | 1887–1966 | 1939–1944 | — | — | F. Roosevelt | resignation |
| 17 | Herbert Funk Goodrich | PA | 1889–1962 | 1940–1962 | — | — | F. Roosevelt | death |
| 18 | Gerald McLaughlin | NJ | 1893–1977 | 1943–1968 | — | 1968–1977 | F. Roosevelt | death |
| 19 | John Joseph O'Connell | PA | 1894–1949 | 1945–1949 | — | — | Truman | death |
| 20 | Harry Ellis Kalodner | PA | 1896–1977 | 1946–1969 | 1965–1966 | 1969–1977 | Truman | death |
| 21 | William H. Hastie | VI | 1904–1976 | 1949–1971[4] | 1968–1971 | 1971–1976 | Truman | death |
| 22 | Austin Leander Staley | PA | 1902–1978 | 1950–1967 | 1966–1967 | 1967–1978 | Truman | death |
| 23 | Phillip Forman | NJ | 1895–1978 | 1959–1961 | — | 1961–1978 | Eisenhower | death |
| 24 | James Cullen Ganey | PA | 1899–1972 | 1961–1966 | — | 1966–1972 | Kennedy | death |
| 25 | William Francis Smith | NJ | 1903–1968 | 1961–1968 | — | — | Kennedy | death |
| 26 | Abraham Lincoln Freedman | PA | 1904–1971 | 1964–1971 | — | — | L. Johnson | death |
| 27 | Collins J. Seitz | DE | 1914–1998 | 1966–1989 | 1971–1984 | 1989–1998 | L. Johnson | death |
| 28 | Francis Lund Van Dusen | PA | 1912–1993 | 1967–1977 | — | 1977–1993 | L. Johnson | death |
| 29 | Ruggero J. Aldisert | PA | 1919–2014 | 1968–1986 | 1984–1986 | 1986–2014 | L. Johnson | death |
| 30 | David Henry Stahl | PA | 1920–1970 | 1968–1970 | — | — | L. Johnson | death |
| 31 | Arlin M. Adams | PA | 1921–2015 | 1969–1987 | — | — | Nixon | retirement |
| 32 | John Joseph Gibbons | NJ | 1924–2018 | 1969–1990 | 1987–1990 | — | Nixon | retirement |
| 33 | Max Rosenn | PA | 1910–2006 | 1970–1981 | — | 1981–2006 | Nixon | death |
| 34 | James Rosen | NJ | 1909–1972 | 1971–1972 | — | — | Nixon | death |
| 35 | James Hunter III | NJ | 1916–1989 | 1971–1986 | — | 1986–1989 | Nixon | death |
| 36 | Joseph F. Weis Jr. | PA | 1923–2014 | 1973–1988 | — | 1988–2014 | Nixon | death |
| 37 | Leonard I. Garth | NJ | 1921–2016 | 1973–1986 | — | 1986–2016 | Nixon | death |
| 38 | A. Leon Higginbotham Jr. | PA | 1928–1998 | 1977–1991 | 1990–1991 | 1991–1993 | Carter | retirement |
| 39 | Dolores Sloviter | PA | 1932–2022 | 1979–2013 | 1991–1998 | 2013–2022 | Carter | death |
| 40 | Edward R. Becker | PA | 1933–2006 | 1981–2003 | 1998–2003 | 2003–2006 | Reagan | death |
| 41 | Carol Los Mansmann | PA | 1942–2002 | 1985–2002 | — | — | Reagan | death |
| 43 | Morton Ira Greenberg | NJ | 1933–2021 | 1987–2000 | — | 2000–2021 | Reagan | death |
| 44 | William D. Hutchinson | PA | 1932–1995 | 1987–1995 | — | — | Reagan | death |
| 48 | Samuel Alito | NJ | 1950–present | 1990–2006 | — | — | G.H.W. Bush | elevation to Supreme Court |
| 50 | Timothy K. Lewis | PA | 1954–present | 1992–1999 | — | — | G.H.W. Bush | resignation |
| 52 | H. Lee Sarokin | NJ | 1928–2023 | 1994–1996 | — | — | Clinton | retirement |
| 54 | Maryanne Trump Barry | NJ | 1937–2023 | 1999–2011 | — | 2011–2019 | Clinton | retirement |
| 58 | Michael Chertoff | NJ | 1953–present | 2003–2005 | — | — | G.W. Bush | resignation |
| 60 | Franklin Van Antwerpen | PA | 1941–2016 | 2004–2006 | — | 2006–2016 | G.W. Bush | death |
| 64 | Joseph A. Greenaway Jr. | NJ | 1957–present | 2010–2023 | — | — | Obama | retirement |
| 65 | Thomas I. Vanaskie | PA | 1953–present | 2010–2018 | — | 2018–2019 | Obama | retirement |
- Acheson was appointed as a circuit judge for the Third Circuit in 1891 by Benjamin Harrison. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Third Circuit.
| Chief Judge | |||
|---|---|---|---|
| Biggs Jr. | 1948–1965 | ||
| Kalodner | 1965–1966 | ||
| Staley | 1966–1967 | ||
| Hastie | 1968–1971 | ||
| Seitz | 1971–1984 | ||
| Aldisert | 1984–1986 | ||
| Gibbons | 1987–1990 | ||
| Higginbotham | 1990–1991 | ||
| Sloviter | 1991–1998 | ||
| Becker | 1998–2003 | ||
| Scirica | 2003–2010 | ||
| McKee | 2010–2016 | ||
| D. Smith | 2016–2021 | ||
| Chagares | 2021–present | ||
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]
The court has fourteen 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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- "Notice for Sitting in Virgin Islands" (PDF). Official website of the Third Circuit. Archived from the original (PDF) on April 1, 2013. Retrieved March 6, 2013.
- "U. S. Court of Appeals for the Third Circuit". Official website of the Federal Judicial Center. Archived from the original on May 25, 2005. Retrieved May 30, 2005.
- "Third Circuit Court of Appeals Judges" (PDF). Official website of the United States Court of Appeals for the Third Circuit. Archived from the original (PDF) on May 10, 2005. Retrieved May 30, 2005.
- Recess appointment, confirmed by the United States Senate at a later date.
- Archbald 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. Archbald was assigned to the Third Circuit upon his commission.