United States Court of Appeals for the Eleventh Circuit 

The United States Court of Appeals for the Eleventh Circuit 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 effective October 1, 1981. For this reason, Fifth Circuit decisions from before this split are considered binding precedent in the Eleventh Circuit. The court is based at the Elbert P. Tuttle U.S. Court of Appeals Building in Atlanta, Georgia. It is one of thirteen United States courts of appeals.

Contents

Current composition of the court

As of 2006, the judges on the court are:

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
19 Chief Judge J.L. (James Larry) Edmondson Atlanta, GA 1947 1986–present 2002–present — Reagan
9 Circuit Judge Gerald Bard Tjoflat Jacksonville, FL 1929 1981–present 1989–1996 — 1
15 Circuit Judge R. Lanier Anderson III Macon, GA 1936 1981–present 1999–2002 — 1
21 Circuit Judge Stanley F. Birch, Jr. Atlanta, GA 1945 1990–present — — G.H.W. Bush
22 Circuit Judge Joel Fredrick Dubina Montgomery, AL 1947 1990–present — — G.H.W. Bush
23 Circuit Judge Susan Harrell Black Jacksonville, FL 1943 1992–present — — G.H.W. Bush
24 Circuit Judge Edward Earl Carnes Montgomery, AL 1950 1992–present — — G.H.W. Bush
25 Circuit Judge Rosemary Barkett Miami, FL 1939 1994–present — — Clinton
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 20042–present — — G.W. Bush
4 Senior Circuit Judge John Cooper Godbold Montgomery, AL 1920 1981–1987 1981–1986 1987–present 1
10 Senior Circuit Judge James Clinkscales Hill Jacksonville, FL 1924 1981–1989 (none) 1989–present 1
11 Senior Circuit Judge Peter Thorp Fay Miami, FL 1929 1981–1994 (none) 1994–present 1
13 Senior Circuit Judge Phyllis A. Kravitch Atlanta, GA 1920 1981–1996 (none) 1996–present 1
18 Senior Circuit Judge Thomas Alonzo Clark (inactive) 1920 1981–1991 (none) 1991–present 1
20 Senior Circuit Judge Emmett Ripley Cox Mobile, AL 1935 1988–2000 (none) 2000–present Reagan

Pending nominations

List of former judges

# Judge State Born/Died Active service Term as Chief Judge Senior status Appointed by Reason for
termination
1 Rives, RichardRichard Rives AL 1895–1982 (none) (none) 1981–1982 1 death
2 Tuttle, ElbertElbert Tuttle GA 1897–1996 (none) (none) 1981–1996 1 death
3 Jones, Warren LeroyWarren Leroy Jones FL 1895–1993 (none) (none) 1981–1993 1 death
5 Dyer, David WilliamDavid William Dyer FL 1910–1998 (none) (none) 1981–1998 1 death
6 Simpson, John Milton BryanJohn Milton Bryan Simpson FL 1903–1987 (none) (none) 1981–1987 1 death
7 Morgan, Lewis RenderLewis Render Morgan GA 1913–2001 (none) (none) 1981–2001 1 death
8 Roney, Paul HitchPaul Hitch Roney FL 1921–2006 1981-1989 1986-1989 1989–2006 1 death
12 Vance, Robert SmithRobert Smith Vance AL 1931–1989 1981–1989 (none) (none) 1 death
14 Johnson, Frank MinisFrank Minis Johnson AL 1918–1999 1981–1991 (none) 1991–1999 1 death
16 Hatchett, Joseph WoodrowJoseph Woodrow Hatchett FL 1932–present 1981–1999 1996–1999 (none) 1 retirement
17 Henderson, Albert JohnAlbert John Henderson GA 1920–1999 1981–1986 (none) 1986–1999 1 death

Chief judges

Chief Judge
Godbold 1981–1986
Roney 1986–1989
Tjoflat 1989–1996
Hatchett 1996–1999
Anderson 1999–2002
Edmondson 2002–present

In order to qualify for the office of Chief Judge, 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 in the office of Chief Judge 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. Unlike the Chief Justice of the United States, a Chief Judge returns to active service after the expiration of his or her term and does not create a vacancy on the bench by the fact of his or her promotion. See 28 U.S.C. § 45.

The above rules have applied since October 1, 1982. The office of Chief Judge was created in 1948 and until August 6, 1959 was filled by 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. From then until 1982 it was filled by the senior such judge who had not turned 70.

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
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–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–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–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
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–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–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–present

Courthouse

Tuttle Courthouse

The court is based in the Elbert P. Tuttle U.S. Court of Appeals Building at 56 Forsyth Street, NW in Atlanta, Georgia. Designed and constructed in the Italian Renaissance Revival style in 1908-1911 by architect James Knox Taylor, it has been listed on the National Register of Historic Places.3 The four story granite building has a total area of 158,000 ft² (14,700 m²).

Early citation of Wikipedia

In a 2004 ruling concerning magnetometer searches of antiwar protesters, the Court cited a Wikipedia entry about Homeland Security Advisory System and its five defined threat levels.45 In Bourgeois v. Peters, 387 F.3d 1303 (11th Cir. Oct. 2004), the court held that "the mass, suspicionless, warrantless magnetometer searches violate their Fourth Amendment right to be free of 'unreasonable searches and seizures'" were violative of the 4th Amendment.

See also

Notes

  1. ^ a b c d e f g h i j k l m n o p q r Reassigned from the United States Court of Appeals for the Fifth Circuit pursuant to 94 Stat. 1994.
  2. ^ Recess appointment, confirmed by the Senate at a later date.
  3. ^ National Register Redbook, Entry #74000681
  4. ^ Courts Turn To Wikipedia, But Selectively January 29, 2007
  5. ^ Bourgeois v. Peters, 387 F.3d 1303 (11th Cir. Oct. 2004)

References

External links

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