United States Court of Appeals for the Eighth Circuit

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Seal of the United States Court of Appeals for the Eighth Circuit

The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:

The court is composed of eleven active judges and is based at the Thomas F. Eagleton United States Courthouse in St. Louis, Missouri. It is one of thirteen United States courts of appeals.

Contents

Composition [edit]

Republican Presidents have appointed a greater percentage of judges to the Eighth Circuit (eight of eleven active judges, or 73%) than any other Court of Appeals in the United States.

Current composition of the court [edit]

#TitleJudgeDuty stationBornTerm of serviceAppointed by
ActiveChiefSenior
51Chief JudgeWilliam J. RileyOmaha, NE19472001–present2010–presentG.W. Bush
42Circuit JudgeRoger Leland WollmanSioux Falls, SD19341985–present1999–2002Reagan
45Circuit JudgeJames B. LokenMinneapolis, MN19401990–present2003–2010G.H.W. Bush
48Circuit JudgeDiana E. MurphyMinneapolis, MN19341994–presentClinton
50Circuit JudgeKermit Edward ByeFargo, ND19372000–presentClinton
53Circuit JudgeLavenski R. SmithLittle Rock, AR19582002–presentG.W. Bush
54Circuit JudgeSteven M. CollotonDes Moines, IA19632003–presentG.W. Bush
55Circuit JudgeRaymond W. GruenderSaint Louis, MO19632004–presentG.W. Bush
56Circuit JudgeWilliam Duane BentonKansas City, MO19502004–presentG.W. Bush
57Circuit JudgeBobby E. ShepherdEl Dorado, AR19512006–presentG.W. Bush
58Circuit JudgeJane Louise KellyCedar Rapids, IA19642013–presentObama
32Senior Circuit JudgeMyron H. BrightFargo, ND19191968–19851985–presentL. Johnson
33Senior Circuit JudgeDonald Roe Rossinactive19221970–19871987–?Nixon
40Senior Circuit JudgeGeorge Gardner Fagginactive19341982–19991999–?Reagan
41Senior Circuit JudgePasco Bowman IIKansas City, MO19331983–20031998–19992003–presentReagan
43Senior Circuit JudgeFrank J. Magillinactive19271986–19971997–?Reagan
44Senior Circuit JudgeC. Arlen BeamLincoln, NE19301987–20012001–presentReagan
47Senior Circuit JudgeMorris Sheppard ArnoldLittle Rock, AR19411992–20062006–presentG.H.W. Bush
52Senior Circuit JudgeMichael Joseph MelloyCedar Rapids, IA19482002–20132013–presentG.W. Bush


List of former judges [edit]

#JudgeStateBorn/DiedActive serviceTerm as Chief JudgeSenior statusAppointed byReason for
termination
1Caldwell, Henry ClayHenry Clay CaldwellAR1832–19151891–1903[1]retirement
2Sanborn, Walter HenryWalter Henry SanbornMN1845–19281892–1928Harrison, B.B. Harrisondeath
3Thayer, Amos MaddenAmos Madden ThayerMO1841–19051894–1905Cleveland, Clevelanddeath
4Van Devanter, WillisWillis Van Devanter1859–19411903–1910Roosevelt, T.T. Rooseveltelevation to Supreme Court
5Hook, William CatherWilliam Cather HookKS1857–19211903–1921Roosevelt, T.T. Rooseveltdeath
6Adams, Elmer BraggElmer Bragg AdamsMO1842–19161905[2]–1916Roosevelt, T.T. Rooseveltdeath
Carland, John EmmettJohn Emmett CarlandSD1853–19221911–1922[3]death
7Smith, Walter I.Walter I. SmithIA1862–19221911–1922Taft, Taftdeath
8Stone, KimbroughKimbrough StoneMO1875–19581916–19471947–1958Wilson, Wilsondeath
9Lewis, Robert E.Robert E. LewisCO1857–19411921–1929Harding, Hardingreassignment to 10th Circuit
10Kenyon, William SquireWilliam Squire KenyonIA1869–19331922–1933Harding, Hardingdeath
11Booth, Wilbur FranklinWilbur Franklin BoothMN1861–19441925–19321932–1944Coolidge, Coolidgedeath
12Van Valkenburgh, Arba SeymourArba Seymour Van ValkenburghMO1862–19441925–19331933–1944Coolidge, Coolidgedeath
13Cotteral, John HazeltonJohn Hazelton CotteralOK1864–19331928–1929Coolidge, Coolidgereassignment to 10th Circuit
14Gardner, Archibald K.Archibald K. GardnerSD1867–19621929–19601948–19591960–1962Hoover, Hooverdeath
15Sanborn, Jr., John B.John B. Sanborn, Jr.MN1883–19641932–19581959–1964Hoover, Hooverdeath
16Woodrough, Joseph WilliamJoseph William WoodroughNE1873–19771933–19611961–1977Roosevelt, F.F. Rooseveltdeath
17Faris, Charles BreckenridgeCharles Breckenridge FarisMO1864–19381935–19351935–1938Roosevelt, F.F. Rooseveltdeath
18Thomas, SethSeth ThomasIA1873–19621935(b)–19541954–1962Roosevelt, F.F. Rooseveltdeath
19Johnsen, Harvey M.Harvey M. JohnsenNE1895–19751940–19651959–19651965–1975Roosevelt, F.F. Rooseveltdeath
20Riddick, Walter GarrettWalter Garrett RiddickAR1883–19531941–1953Roosevelt, F.F. Rooseveltdeath
21Collet, John CaskieJohn Caskie ColletMO1898–19551947–1955Truman, Trumandeath
22Vogel, Charles JosephCharles Joseph VogelND1898–19801954–19681965–19681968–1980Eisenhower, Eisenhowerdeath
23Van Oosterhout, Martin DonaldMartin Donald Van OosterhoutIA1900–19791954–19711968–19701971–1979Eisenhower, Eisenhowerdeath
24Whittaker, Charles EvansCharles Evans WhittakerMO1901–19731956–1957Eisenhower, Eisenhowerelevation to Supreme Court
25Matthes, Marion CharlesMarion Charles MatthesMO1906–19801958–19731970–19731973–1980Eisenhower, Eisenhowerdeath
26Blackmun, HarryHarry BlackmunMN1908–19991959–1970Eisenhower, Eisenhowerelevation to Supreme Court
27Ridge, Albert AlphonsoAlbert Alphonso RidgeMO1898–19671961–19651965–1967Kennedy, Kennedydeath
28Mehaffy, PatPat MehaffyAR1904–19811963–19741973–19741974–1981Kennedy, Kennedydeath
29Gibson, Floyd RobertFloyd Robert GibsonMO1910–20011965–19791974–19791979–2001Johnson, L.L. Johnsondeath
30Lay, Donald P.Donald P. LayMN1926–20071966–19921979–19921992–2007Johnson, L.L. Johnsondeath
31Heaney, Gerald WilliamGerald William HeaneyMN1918–20101966–19881988–2006Johnson, L.L. Johnsonretirement
34Stephenson, Roy LaverneRoy Laverne StephensonIA1917–19821971–19821982–1982Nixon, Nixondeath
35Webster, William HedgcockWilliam Hedgcock WebsterMO1924–present1973–1978Nixon, Nixonresignation to become FBI Director
36Henley, Jesse SmithJesse Smith HenleyAR1917–19971975–19821982–1997Ford, Forddeath
37McMillian, TheodoreTheodore McMillianMO1919–20061978–20032003–2006Carter, Carterdeath
38Arnold, Richard SheppardRichard Sheppard ArnoldAR1936–20041980–20011992–19982001–2004Carter, Carterdeath
46David R. HansenIA1938-?1991–20032002–20032003–2011G.H.W. Bush ?
49Kelly, John DavidJohn David KellyND1934–19981998–1998Clinton, Clintondeath

Chief judges [edit]

Chief Judge
Gardner1948–1959
Johnsen1959–1965
Vogel1965–1968
Van Oosterhout1968–1970
Matthes1970–1973
Mehaffy1973–1974
Gibson1974–1979
Lay1979–1992
Arnold1992–1998
Bowman1998–1999
Wollman1999–2002
Hansen2002–2003
Loken2003–2010
Riley2010–present

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 chief after turning 70 years old. The current rules have been in operation since October 1, 1982.

Succession of seats [edit]

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 a eleven-seat court. The seats 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 Circuit Judges Act as a circuit judgeship for the Eighth Circuit
Reassigned to the United States Circuit Court of Appeals for the Eighth Circuit by the Judiciary Act of 1891
CaldwellAR1891–1903
HookKS1903–1921
LewisCO1921–1929
Reassigned on February 28, 1929 to the United States Circuit 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. SanbornMN1892–1928
CotteralOK1928–1929
Reassigned on February 28, 1929 to the United States Circuit Court of Appeals for the Tenth Circuit by 45 Stat. 1346
Seat 3
Established on July 23, 1894 by 28 Stat. 115
ThayerMO1894–1905
AdamsMO1905–1916
StoneMO1916–1947
ColletMO1947–1955
WhittakerMO1956–1957
MatthesMO1958–1973
WebsterMO1973–1978
McMillianMO1978–2003
BentonMO2004–present
Seat 4
Established on January 31, 1903 by 32 Stat. 791
Van DevanterWY1903–1910
W. SmithIA1911–1922
KenyonIA1922–1933
FarisMO1935–1935
ThomasIA1935–1954
Van OosterhoutIA1954–1971
StephensonIA1971–1982
FaggIA1982–1999
MelloyIA2002–2013
KellyIA2013–present
Seat 5
Established on March 3, 1925 by 43 Stat. 1116
BoothMN1925–1932
J. SanbornMN1932–1959
BlackmunMN1959–1970
RossNE1970–1987
BeamNE1987–2001
RileyNE2001–present
Seat 6
Established on March 3, 1925 by 43 Stat. 1116
Van ValkenburghMO1925–1933
WoodroughNE1933–1961
MehaffyAR1963–1974
HenleyAR1975–1982
BowmanMO1983–2003
GruenderMO2004–present
Seat 7
Established on February 28, 1929 by 45 Stat. 1346
GardnerSD1929–1960
RidgeMO1961–1965
F. GibsonMO1965–1979
J. GibsonMO1982–1994
MurphyMN1994–present
Seat 8
Established on May 24, 1940 by 54 Stat. 219
JohnsenNE1940–1965
LayNE1966–1992
M. ArnoldAR1992–2006
ShepherdAR2006–present
Seat 9
Established on May 24, 1940 by 54 Stat. 219
RiddickAR1941–1953
VogelND1954–1968
BrightND1968–1985
MagillND1986–1997
KellyND1998–1998
ByeND2000–present
Seat 10
Established on March 18, 1966 by 80 Stat. 75
HeaneyMN1966–1988
LokenMN1990–present
Seat 11
Established on October 20, 1978 by 92 Stat. 1629
R. ArnoldAR1980–2001
L. SmithAR2002–present
Seat 12
Established on July 10, 1984 by 98 Stat. 333
WollmanSD1985–present
Seat 13
Established on December 1, 1990 by 104 Stat. 5089
HansenIA1991–2003
CollotonIA2003–present

See also [edit]

Notes [edit]

  1. ^ Caldwell was appointed as a circuit judge for the Eighth Circuit in 1890 by Benjamin Harrison. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Eighth Circuit.
  2. ^ Recess appointment, confirmed by the United States Senate at a later date.
  3. ^ 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.

References [edit]

External links [edit]