Current United States federal appellate court
The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts:
The Fifth Circuit has 17 active judgeships, and is headquartered at the John Minor Wisdom United States Court of Appeals Building in New Orleans, Louisiana, with the clerk's office located at the F. Edward Hebert Federal Building in New Orleans.[1]
Originally, the Fifth Circuit also included the federal district courts in Alabama, Georgia, and Florida. In 1981, the district courts for those states were transferred to the newly created U.S. Court of Appeals for the Eleventh Circuit.
History of the court
This court was created by the Evarts Act on June 16, 1891, which moved the circuit judges and appellate jurisdiction from the Circuit Courts of the Fifth Circuit to this court. At the time of its creation, the Fifth Circuit covered Florida, Georgia, Alabama, Mississippi, Louisiana, and Texas.
On June 25, 1948, the Panama Canal Zone was added to the Fifth Circuit by 62 Stat. 870. The Fifth Circuit gained appellate jurisdiction over the United States District Court for the Canal Zone.
On October 1, 1981, under Pub. L. 96–452, the Fifth Circuit was split: Alabama, Georgia, and Florida were moved to the new Eleventh Circuit.
On March 31, 1982, the Fifth Circuit lost jurisdiction over the Panama Canal Zone, which was transferred to Panamanian control.
The Fifth Circuit Four
During the late 1950s, Chief Judge Elbert Tuttle and three of his colleagues (John Minor Wisdom, John Brown, and Richard Rives) became known as the "Fifth Circuit Four", or simply "The Four", for decisions crucial in advancing the civil rights of African Americans. In this, they were usually opposed by their fellow Fifth Circuit Judge, Benjamin F. Cameron of Mississippi, until his death in 1964.[2]
Hurricane Katrina
Hurricane Katrina struck New Orleans on August 29, 2005, devastating the city and slightly damaging the John Minor Wisdom Courthouse. All deadlines concerning filings were extended. The court temporarily relocated its administrative operations to Houston, and returned to normal operations in New Orleans in March 2007.[citation needed]
Current composition of the court
As of December 16, 2022[update]:
#
|
Title
|
Judge
|
Duty station
|
Born
|
Term of service
|
Appointed by
|
Active
|
Chief
|
Senior
|
77
|
Chief Judge
|
Priscilla Richman
|
Austin, TX
|
1954
|
2005–present
|
2019–present
|
—
|
G.W. Bush
|
63
|
Circuit Judge
|
Edith Jones
|
Houston, TX
|
1949
|
1985–present
|
2006–2012
|
—
|
Reagan
|
64
|
Circuit Judge
|
Jerry Edwin Smith
|
Houston, TX
|
1946
|
1987–present
|
—
|
—
|
Reagan
|
71
|
Circuit Judge
|
Carl E. Stewart
|
Shreveport, LA
|
1950
|
1994–present
|
2012–2019
|
—
|
Clinton
|
78
|
Circuit Judge
|
Jennifer Walker Elrod
|
Houston, TX
|
1966
|
2007–present
|
—
|
—
|
G.W. Bush
|
79
|
Circuit Judge
|
Leslie H. Southwick
|
Jackson, MS
|
1950
|
2007–present
|
—
|
—
|
G.W. Bush
|
80
|
Circuit Judge
|
Catharina Haynes
|
Dallas, TX
|
1963
|
2008–present
|
—
|
—
|
G.W. Bush
|
81
|
Circuit Judge
|
James E. Graves Jr.
|
Jackson, MS
|
1953
|
2011–present
|
—
|
—
|
Obama
|
82
|
Circuit Judge
|
Stephen A. Higginson
|
New Orleans, LA
|
1961
|
2011–present
|
—
|
—
|
Obama
|
84
|
Circuit Judge
|
Don Willett
|
Austin, TX
|
1966
|
2018–present
|
—
|
—
|
Trump
|
85
|
Circuit Judge
|
James C. Ho
|
Dallas, TX
|
1973
|
2018–present
|
—
|
—
|
Trump
|
86
|
Circuit Judge
|
Kyle Duncan
|
Baton Rouge, LA
|
1972
|
2018–present
|
—
|
—
|
Trump
|
87
|
Circuit Judge
|
Kurt D. Engelhardt
|
New Orleans, LA
|
1960
|
2018–present
|
—
|
—
|
Trump
|
88
|
Circuit Judge
|
Andrew Oldham
|
Austin, TX
|
1978
|
2018–present
|
—
|
—
|
Trump
|
89
|
Circuit Judge
|
Cory T. Wilson
|
Jackson, MS
|
1970
|
2020–present
|
—
|
—
|
Trump
|
90
|
Circuit Judge
|
Dana Douglas
|
New Orleans, LA
|
1975
|
2022–present
|
—
|
—
|
Biden
|
91
|
Circuit Judge
|
vacant
|
—
|
—
|
—
|
—
|
—
|
—
|
51
|
Senior Circuit Judge
|
Carolyn Dineen King
|
Houston, TX
|
1938
|
1979–2013
|
1999–2006
|
2013–present
|
Carter
|
59
|
Senior Circuit Judge
|
E. Grady Jolly
|
Jackson, MS
|
1937
|
1982–2017
|
—
|
2017–present
|
Reagan
|
60
|
Senior Circuit Judge
|
Patrick Higginbotham
|
San Antonio, TX
|
1938
|
1982–2006
|
—
|
2006–present
|
Reagan
|
61
|
Senior Circuit Judge
|
W. Eugene Davis
|
New Orleans, LA
|
1936
|
1983–2016
|
—
|
2016–present
|
Reagan
|
65
|
Senior Circuit Judge
|
John Malcolm Duhé Jr.
|
inactive
|
1933
|
1988–1999
|
—
|
1999–present
|
Reagan
|
66
|
Senior Circuit Judge
|
Rhesa Hawkins Barksdale
|
Jackson, MS
|
1944
|
1990–2009
|
—
|
2009–present
|
G.H.W. Bush
|
67
|
Senior Circuit Judge
|
Jacques L. Wiener Jr.
|
New Orleans, LA
|
1934
|
1990–2010
|
—
|
2010–present
|
G.H.W. Bush
|
70
|
Senior Circuit Judge
|
Fortunato Benavides
|
Austin, TX
|
1947
|
1994–2012
|
—
|
2012–present
|
Clinton
|
73
|
Senior Circuit Judge
|
James L. Dennis
|
New Orleans, LA
|
1936
|
1995–2022
|
—
|
2022–present
|
Clinton
|
74
|
Senior Circuit Judge
|
Edith Brown Clement
|
New Orleans, LA
|
1948
|
2001–2018
|
—
|
2018–present
|
G.W. Bush
|
Chief judges
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 or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.
Succession of seats
The court has had 29 seats for active judges. Twelve of these seats were reassigned to the United States Court of Appeals for the Eleventh Circuit, leaving a seventeen-seat court. The seats are 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, while vacating their seats, thus allowing the U.S. President to appoint new judges to fill their seats.
Seat 5
|
Established on May 31, 1938 by 52 Stat. 584
|
McCord |
AL |
1938–1951
|
Rives |
AL |
1951–1966
|
Godbold |
AL |
1966–1981
|
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
|
|
Seat 6
|
Established on December 14, 1942 by 56 Stat. 1050
|
Waller |
FL |
1943–1950
|
Strum |
FL |
1950–1954
|
W. Jones |
FL |
1955–1966
|
Dyer |
FL |
1966–1976
|
Fay |
FL |
1976–1981
|
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
|
|
Seat 7
|
Established on February 10, 1954 by 68 Stat. 8
|
Tuttle |
GA |
1954–1968
|
Morgan |
GA |
1968–1978
|
Kravitch |
GA |
1979–1981
|
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
|
|
Seat 8
|
Established on May 19, 1961 by 75 Stat. 80
|
Bell |
GA |
1961–1976
|
J. Hill |
GA |
1976–1981
|
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
|
|
Seat 9
|
Established on May 19, 1961 by 75 Stat. 80
|
Gewin |
AL |
1961–1976
|
Vance |
AL |
1977–1981
|
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
|
|
Seat 10
|
Established as a temporary judgeship on March 18, 1966 by 80 Stat. 75
|
Made permanent on June 18, 1968 by 82 Stat. 184
|
Ainsworth, Jr. |
LA |
1966–1981
|
Davis |
LA |
1983–2016
|
Duncan |
LA |
2018–present
|
|
Seat 11
|
Established as a temporary judgeship on March 18, 1966 by 80 Stat. 75
|
Made permanent on June 18, 1968 by 82 Stat. 184
|
Goldberg |
TX |
1966–1980
|
Williams |
TX |
1980–1990
|
DeMoss, Jr. |
TX |
1991–2007
|
Haynes |
TX |
2008–present
|
|
Seat 12
|
Established as a temporary judgeship on March 18, 1966 by 80 Stat. 75
|
Made permanent on June 18, 1968 by 82 Stat. 184
|
Simpson |
FL |
1966–1975
|
Tjoflat |
FL |
1975–1981
|
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
|
|
Seat 13
|
Established as a temporary judgeship on March 18, 1966 by 80 Stat. 75
|
Made permanent on June 18, 1968 by 82 Stat. 184
|
Clayton |
MS |
1967–1969
|
C. Clark |
MS |
1969–1992
|
Dennis |
LA |
1995–2022
|
Douglas |
LA |
2022–present
|
|
Seat 14
|
Established on June 18, 1968 by 82 Stat. 184
|
Carswell |
FL |
1969–1970
|
Roney |
FL |
1970–1981
|
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
|
|
Seat 15
|
Established on June 18, 1968 by 82 Stat. 184
|
Ingraham |
TX |
1969–1973
|
Gee |
TX |
1973–1991
|
Benavides |
TX |
1994–2012
|
Costa |
TX |
2014–2022
|
vacant |
TX |
2022–present
|
|
Seat 16
|
Established on October 20, 1978 by 92 Stat. 1629
|
F. Johnson |
AL |
1979–1981
|
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
|
|
Seat 17
|
Established on October 20, 1978 by 92 Stat. 1629
|
Anderson III |
GA |
1979–1981
|
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
|
|
Seat 18
|
Established on October 20, 1978 by 92 Stat. 1629
|
Hatchett |
FL |
1979–1981
|
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
|
|
Seat 19
|
Established on October 20, 1978 by 92 Stat. 1629
|
Henderson |
GA |
1979–1981
|
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
|
|
Seat 20
|
Established on October 20, 1978 by 92 Stat. 1629
|
C. King |
TX |
1979–2013
|
Ho |
TX |
2018–present
|
|
Seat 21
|
Established on October 20, 1978 by 92 Stat. 1629
|
Politz |
LA |
1979–1999
|
Pickering |
MS |
2004
|
Southwick |
MS |
2007–present
|
|
Seat 22
|
Established on October 20, 1978 by 92 Stat. 1629
|
Reavley |
TX |
1979–1990
|
E. Garza |
TX |
1991–2012
|
Willett |
TX |
2018–present
|
|
|
|
Seat 25
|
Established on October 20, 1978 by 92 Stat. 1629
|
T. Clark |
GA |
1979–1981
|
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
|
|
Seat 26
|
Established on October 20, 1978 by 92 Stat. 1629
|
Garwood |
TX |
1981–1997
|
Richman |
TX |
2005–present
|
|
Seat 27
|
Established on July 10, 1984 by 98 Stat. 333
|
E. Jones |
TX |
1985–present
|
|
Seat 28
|
Established on July 10, 1984 by 98 Stat. 333
|
Smith |
TX |
1987–present
|
|
Seat 29
|
Established on December 1, 1990 by 104 Stat. 5089
|
Stewart |
LA |
1994–present
|
|