Special Courts

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Judicial Branch

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:

Administrative Assistant to the James C. Duff

Chief Justice

Clerk William K. Suter

Court Counsel Jane E. Petkofsky

Curator Gail Galloway

Director of Budget and Personnel Cyril A. Donnelly

Director of Data Systems Donna Clement

Librarian Shelley L. Dowling

Marshal Dale E. Bosley

Public Information Officer Kathleen L. Arberg

Reporter of Decisions Frank D. Wagner

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Article III, section 1, of the Constitution of the United States provides that ``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. Article III, section 2 of the Constitution defines the jurisdiction of the Supreme Court.

The Supreme Court is comprised of the Chief Justice of the United States and such number of Associate Justices as may be fixed by Congress, which is currently fixed at eight (28 U.S.C. 1). The President nominates the Justices with the advice and consent of the Senate. Article III, section 1, of the Constitution further provides that

``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.''

Court officers assist the Court in the performance of its functions. They

include the Administrative Assistant to the Chief Justice, the Clerk, the Reporter of Decisions, the Librarian, the Marshal, the Director of Budget and Personnel, the Court Counsel, the Curator, the Director of Data Systems, and the Public Information Officer.

Appellate Jurisdiction 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.

Court Term The term of the Court begins on the first Monday in October and lasts until the first Monday in October of the next year. Approximately 7,000 cases are filed with the Court in the course of a term, and some 1,200 applications of various kinds are filed each year that can be acted upon by a single Justice.

Access to Facilities The Supreme Court is open to the public from 9 a.m. to 4:30 p.m., Monday through Friday, except on Federal legal holidays. Unless the Court or Chief Justice orders otherwise, the Clerk's office is open from 9 a.m. to 5 p.m., Monday through Friday, except on Federal legal holidays. The library is open to members of the bar of the Court, attorneys for the various Federal departments and agencies, and Members of Congress.

For further information concerning the Supreme Court, contact the Public Information Office, United States Supreme Court Building, One 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 interlocutory decisions (18 U.S.C. 3731; 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 review on writ of certiorari by 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 (except the Federal 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 effective and expeditious administration . . .'' (28 U.S.C. 332). The chief judge of each circuit may summon periodically a judicial conference of all judges of the circuit, including 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. 41, 44, 48), 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 Appeals for Veterans Claims. 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).

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: Jill C. Sayenga; Chief Justice William H. Rehnquist

Washington, DC)

Circuit Judges

Harry T. Edwards, Chief Judge...

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