United States Court of Appeals for the Eighth Circuit

From Biocrawler, the free encyclopedia.

The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the following United States district courts:

• Eastern and Western Districts of Arkansas
• Northern and Southern Districts of Iowa
• District of Minnesota
• Eastern and Western Districts of Missouri
• District of Nebraska
• District of North Dakota
• District of South Dakota

The court is based at the Thomas F. Eagleton U.S. Courthouse in Saint Louis, Missouri.

Contents

1 Current composition of the court 2 List of former judges 3 Chief judges 4 Succession of seats 5 See also 6 References 7 External links

Current composition of the court

As of 2005, the judges on the court are:

Title	Name	Duty Station	Born	Term of Active Service	Term of Service as Chief	Term of Senior Service	Appointed by
Chief Judge	James B. Loken	Minneapolis, Minnesota	1940	1990 – present	2003 – present	—	G.H.W. Bush
Circuit Judge	Roger Leland Wollman	Sioux Falls, South Dakota	1934	1985 – present	1999 – 2002	—	Reagan
Circuit Judge	Morris Sheppard Arnold	Little Rock, Arkansas	1941	1992 – present	(none)	—	G.H.W. Bush
Circuit Judge	Diana E. Murphy		1934	1994 – present	(none)	—	Clinton
Circuit Judge	Kermit Edward Bye	Fargo, North Dakota	1937	2000 – present	(none)	—	Clinton
Circuit Judge	William J. Riley	Omaha, Nebraska	1947	2001 – present	(none)	—	G.W. Bush
Circuit Judge	Michael Joseph Melloy	Cedar Rapids, Iowa	1948	2002 – present	(none)	—	G.W. Bush
Circuit Judge	Lavenski R. Smith	Little Rock, Arkansas	1958	2002 – present	(none)	—	G.W. Bush
Circuit Judge	Steven M. Colloton	Des Moines, Iowa	1963	2003 – present	(none)	—	G.W. Bush
Circuit Judge	Raymond W. Gruender	Saint Louis, Missouri	1963	2004 – present	(none)	—	G.W. Bush
Circuit Judge	William Duane Benton	Kansas City, Missouri	1950	2004 – present	(none)	—	G.W. Bush
Senior Circuit Judge	Donald Pomery Lay	Saint Paul, Minnesota	1926	1966 – 1992	1979 – 1992	1992 – present	L. Johnson
Senior Circuit Judge	Gerald William Heaney		1918	1966 – 1988	(none)	1988 – present	L. Johnson
Senior Circuit Judge	Myron H. Bright	Fargo, North Dakota	1919	1968 – 1985	(none)	1985 – present	L. Johnson
Senior Circuit Judge	Donald Roe Ross	Omaha, Nebraska	1922	1970 – 1987	(none)	1987 – present	Nixon
Senior Circuit Judge	Theodore McMillian		1919	1978 – 2003	(none)	2003 – present	Carter
Senior Circuit Judge	John R. Gibson		1925	1982 – 1994	(none)	1994 – present	Reagan
Senior Circuit Judge	George Gardner Fagg		1934	1982 – 1999	(none)	1999 – present	Reagan
Senior Circuit Judge	Pasco Middleton Bowman II	Kansas City, Missouri	1933	1983 – 2003	1998 – 1999	2003 – present	Reagan
Senior Circuit Judge	Frank J. Magill	Fargo, North Dakota	1927	1986 – 1997	(none)	1997 – present	Reagan
Senior Circuit Judge	C. Arlen Beam	Lincoln, Nebraska	1930	1987 – 2001	(none)	2001 – present	Reagan
Senior Circuit Judge	David Rasmussen Hansen	Cedar Rapids, Iowa	1938	1991 – 2003	2002 – 2003	2003 – present	G.H.W. Bush

List of former judges

Name	State	Born/Died	Term of Active Service	Term of Service as Chief	Term of Senior Service	Appointed by	Reason Appointment Terminated
Henry Clay Caldwell	AR	1832 – 1915	1891 – 1903	(none)	(none)	(a)	retirement
Walter Henry Sanborn	MN	1845 – 1928	1892 – 1928	(none)	(none)	B. Harrison	death
Amos Madden Thayer	MO	1841 – 1905	1894 – 1905	(none)	(none)	Cleveland	death
Willis Van Devanter		1859 – 1941	1903 – 1910	(none)	(none)	T. Roosevelt	elevation to Supreme Court
William Cather Hook	KS	1857 – 1921	1903 – 1921	(none)	(none)	T. Roosevelt	death
Elmer Bragg Adams	MO	1842 – 1916	1905(b) – 1916	(none)	(none)	T. Roosevelt	death
John Emmett Carland	SD	1853 – 1922	1911 – 1922	(none)	(none)	(c)	death
Walter Inglewood Smith	IA	1862 – 1922	1911 – 1922	(none)	(none)	Taft	death
Kimbrough Stone	MO	1875 – 1958	1916 – 1947	(none)	1947 – 1958	Wilson	death
Robert E. Lewis	CO	1857 – 1941	1921 – 1929	(none)	(none)	Harding	reassignment to 10th Circuit
William Squire Kenyon	IA	1869 – 1933	1922 – 1933	(none)	(none)	Harding	death
Wilbur Franklin Booth	MN	1861 – 1944	1925 – 1932	(none)	1932 – 1944	Coolidge	death
Arba Seymour Van Valkenburgh	MO	1862 – 1944	1925 – 1933	(none)	1933 – 1944	Coolidge	death
John Hazelton Cotteral	OK	1864 – 1933	1928 – 1929	(none)	(none)	Coolidge	reassignment to 10th Circuit
Archibald K. Gardner	SD	1867 – 1962	1929 – 1960	1948 – 1959	1960 – 1962	Hoover	death
John Benjamin Sanborn	MN	1883 – 1964	1932 – 1958	(none)	1959 – 1964	Hoover	death
Joseph William Woodrough	NE	1873 – 1977	1933 – 1961	(none)	1961 – 1977	F. Roosevelt	death
Charles Breckenridge Faris	MO	1864 – 1938	1935 – 1935	(none)	1935 – 1938	F. Roosevelt	death
Seth Thomas	IA	1873 – 1962	1935(b) – 1954	(none)	1954 – 1962	F. Roosevelt	death
Harvey M. Johnsen	NE	1895 – 1975	1940 – 1965	1959 – 1965	1965 – 1975	F. Roosevelt	death
Walter Garrett Riddick	AR	1883 – 1953	1941 – 1953	(none)	(none)	F. Roosevelt	death
John Caskie Collet	MO	1898 – 1955	1947 – 1955	(none)	(none)	Truman	death
Charles Joseph Vogel	ND	1898 – 1980	1954 – 1968	1965 – 1968	1968 – 1980	Eisenhower	death
Martin Donald Van Oosterhout	IA	1900 – 1979	1954 – 1971	1968 – 1970	1971 – 1979	Eisenhower	death
Charles Evans Whittaker	MO	1901 – 1973	1956 – 1957	(none)	(none)	Eisenhower	elevation to Supreme Court
Marion Charles Matthes	MO	1906 – 1980	1958 – 1973	1970 – 1973	1973 – 1980	Eisenhower	death
Harry Andrew Blackmun	MN	1908 – 1999	1959 – 1970	(none)	(none)	Eisenhower	elevation to Supreme Court
Albert Alphonso Ridge	MO	1898 – 1967	1961 – 1965	(none)	1965 – 1967	Kennedy	death
Pat Mehaffy	AR	1904 – 1981	1963 – 1974	1973 – 1974	1974 – 1981	Kennedy	death
Floyd Robert Gibson	MO	1910 – 2001	1965 – 1979	1974 – 1979	1979 – 2001	L. Johnson	death
Roy Laverne Stephenson	IA	1917 – 1982	1971 – 1982	(none)	1982 – 1982	Nixon	death
Jesse Smith Henley	AR	1917 – 1997	1975 – 1982	(none)	1982 – 1997	Ford	death
William Hedgcock Webster	MO	1924 – present	1973 – 1978	(none)	(none)	Nixon	resignation
Richard Sheppard Arnold	AK	1936 – 2004	1980 – 2001	1992 – 1998	2001 – 2004	Carter	death
John David Kelly	ND	1934 – 1998	1998 – 1998	(none)	(none)	Clinton	death

^(a) Caldwell was appointed to the bench of the United States Circuit Court for the Eighth Circuit in 1890 by Benjamin Harrison. The Judiciary Act of 1891 reassigned his seat to the U.S. Court of Appeals for the Eighth Circuit.
^(b) Recess appointment, confirmed by the Senate at a later date.
^(c) Carland did not have a permanent seat on this court. Instead, he was appointed to the ill-fated United States Commerce Court in 1911 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. Carland was assigned to the Eighth Circuit upon his commission.

Chief judges

Chief Judge Gardner 1948 – 1959 Johnsen 1959 – 1965 Vogel 1965 – 1968 Van Oosterhout 1968 – 1970 Matthes 1970 – 1973 Mehaffy 1973 – 1974 Gibson 1974 – 1979 Lay 1979 – 1992 Arnold 1992 – 1998 Bowman 1998 – 1999 Wollman 1999 – 2002 Hansen 2002 – 2003 Loken 2003 – 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 (http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+28USC45).

Succession of seats

The court has had thirteen seats for active judges. Two of these seats were reassigned to the United States Court of Appeals for the Tenth Circuit, leaving an eleven-seat court. The seats are numbered in order of their creation. If seats were established simultaneously, they are 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 December 10, 1869 by the Judiciary Act of 1869 as a seat of the United States Circuit Court for the Eighth Circuit Reassigned to the United States Court of Appeals for the Eighth Circuit by the Judiciary Act of 1891 Caldwell 1891 – 1903 Hook 1903 – 1921 Lewis 1921 – 1929 Reassigned on February 28, 1929 to the United States Court of Appeals for the Tenth Circuit by 45 Stat. 1346

Seat 2 Established on June 16, 1891 by the Judiciary Act of 1891 W. Sanborn 1892 – 1928 Cotteral 1928 – 1929 Reassigned on February 28, 1929 to the United States Court of Appeals for the Tenth Circuit by 45 Stat. 1346

Seat 3 Established on July 23, 1894 by 28 Stat. 115 Thayer 1894 – 1905 Adams 1905 – 1916 Stone 1916 – 1947 Collet 1947 – 1955 Whittaker 1956 – 1957 Matthes 1958 – 1973 Webster 1973 – 1978 McMillian 1978 – 2003 Benton 2004 – present

Seat 4 Established on January 31, 1903 by 32 Stat. 791 Van Devanter 1903 – 1910 W. Smith 1911 – 1922 Kenyon 1922 – 1933 Faris 1935 – 1935 Thomas 1935 – 1954 Van Oosterhout 1954 – 1971 Stephenson 1971 – 1982 Fagg 1982 – 1999 Melloy 2002 – present

Seat 5 Established on March 3, 1925 by 43 Stat. 1116 Booth 1925 – 1932 J. Sanborn 1932 – 1958 Blackmun 1959 – 1970 Ross 1970 – 1987 Beam 1987 – 2001 Riley 2001 – present

Seat 6 Established on March 3, 1925 by 43 Stat. 1116 Van Valkenburgh 1925 – 1933 Woodrough 1933 – 1961 Mehaffy 1963 – 1974 Henley 1975 – 1982 Bowman 1983 – 2003 Gruender 2004 – present

Seat 7 Established on February 28, 1929 by 45 Stat. 1346 Gardner 1929 – 1960 Ridge 1961 – 1965 F. Gibson 1965 – 1979 J. Gibson 1982 – 1994 Murphy 1994 – present

Seat 8 Established on May 24, 1940 by 54 Stat. 219 Johnsen 1940 – 1965 Lay 1966 – 1992 M. Arnold 1992 – present

Seat 9 Established on May 24, 1940 by 54 Stat. 219 Riddick 1941 – 1953 Vogel 1954 – 1968 Bright 1968 – 1985 Magill 1986 – 1997 Kelly 1998 – 1998 Bye 2000 – present

Seat 10 Established on March 18, 1966 by 80 Stat. 75 Heaney 1966 – 1988 Loken 1990 – present

Seat 11 Established on October 20, 1978 by 92 Stat. 1629 R. Arnold 1980 – 2001 L. Smith 2002 – present

Seat 12 Established on July 10, 1984 by 98 Stat. 333 Wollman 1985 – present

Seat 13 Established on December 1, 1990 by 104 Stat. 5089 Hansen 1991 – 2003 Colloton 2003 – present

See also

• Federal judicial appointment history#Eighth Circuit

References

• "Standard Search (https://lawclerks.ao.uscourts.gov/web/jobSearch)." Federal Law Clerk Information System. Accessed on June 10, 2005.
  • source for the duty stations
• "U. S. Court of Appeals for the Eighth Circuit (http://www.fjc.gov/history/home.nsf/usca_08_frm?OpenFrameSet)." Official website of the Federal Judicial Center. Accessed on June 10, 2005.
  • source for the state, lifetime, term of active judgeship, term of chief judgeship, term of senior judgeship, appointer, termination reason, and seat information

External links

• United States Court of Appeals for the Eighth Circuit (http://www.ca8.uscourts.gov)
• Recent opinions from FindLaw (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=8th&navby=year&year=recent)

Wikipedia (http://en.wikipedia.org/wiki/Main_Page) United_States_Court_of_Appeals_for_the_Eighth_Circuit (http://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Eighth_Circuit) version history (http://en.wikipedia.org/w/index.php?title=United_States_Court_of_Appeals_for_the_Eighth_Circuit&action=history) GNU Free Documentation Lizenz (http://en.wikipedia.org/wiki/Wikipedia:Text_of_the_GNU_Free_Documentation_License) CC-by-sa (http://creativecommons.org/licenses/by-sa/2.5/)

---