United States Court of Appeals for the Ninth Circuit

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

The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:

It also has appellate jurisdiction over the following territorial courts:

Headquartered in San Francisco, California, the Ninth Circuit is by far the largest of the thirteen courts of appeals, with 29 active judgeships. The court's regular meeting places are Seattle at the William K. Nakamura Courthouse, Portland at the Pioneer Courthouse, San Francisco at the James R. Browning U.S. Court of Appeals Building, and Pasadena at the Richard H. Chambers U.S. Court of Appeals, but panels of the court occasionally travel to hear cases in other locations within its territorial jurisdiction. Although the judges travel around the circuit, the court arranges its hearings so that cases from the northern region of the circuit are heard in Seattle or Portland, cases from southern California are heard in Pasadena, and cases from northern California, Nevada, Arizona, and Hawaii are heard in San Francisco. For lawyers who must come and present their cases to the court in person, this administrative grouping of cases helps to reduce the time and cost of travel.


History and background

Ninth Circuit Court House in 1905
YearJurisdictionTotal populationPop. as % of nat'l pop.Number of active judgeships
1891CA, ID, MT, NV, OR, WA2,087,0003.3%2
1900CA, HI, ID, MT, NV, OR, WA2,798,0003.7%3
1920AZ, CA, HI, ID, MT, NV, OR, WA7,415,0006.7%3
1940AZ, CA, HI, ID, MT, NV, OR, WA11,881,0009.0%7
1960AK, AZ, CA, GU, HI, ID, MT, NV, OR, WA22,607,00012.6%9
1980AK, AZ, CA, GU, HI, ID, MP, MT, NV, OR, WA37,170,00016.4%23
2000AK, AZ, CA, GU, HI, ID, MP, MT, NV, OR, WA54,575,00019.3%28
2007AK, AZ, CA, GU, HI, ID, MP, MT, NV, OR, WA60,400,00019.9%28
2009AK, AZ, CA, GU, HI, ID, MP, MT, NV, OR, WA61,403,30719.72%29

The large size of the current court is due to the fact that both the population of the western states and the geographic jurisdiction of the Ninth Circuit have increased dramatically since Congress, in 1891, created the United States Court of Appeals for the Ninth Circuit. The court was originally granted appellate jurisdiction over federal district courts in California, Idaho, Montana, Nevada, Oregon, and Washington. As new states and territories were added to the federal judicial hierarchy in the twentieth century, many of those in the West were placed in the Ninth Circuit: the newly acquired territory of Hawaii in 1900, Arizona upon its accession to statehood in 1912, the then-territory of Alaska in 1948, Guam in 1951, and the Commonwealth of the Northern Mariana Islands (CNMI) in 1977. The Ninth Circuit also had jurisdiction over China, in that it had jurisdiction over appeals from the United States Court for China during that court's existence from 1906 to 1943.[1] However, the Philippines were never under the Ninth Circuit's jurisdiction; Congress never created a federal district court there from which the Ninth Circuit could hear appeals. Instead, Congress provided that appeals from the Supreme Court of the Philippines would go directly to the Supreme Court of the United States.[2] In 1979, the Ninth Circuit became the first federal judicial circuit to set up a Bankruptcy Appellate Panel as authorized by the Bankruptcy Reform Act of 1978.

The Richard H. Chambers U.S. Court of Appeals, Pasadena, California

The cultural and political jurisdiction of the Ninth Circuit is just as varied as the land within its geographical borders. In a dissenting opinion in a rights of publicity case involving Wheel of Fortune star Vanna White, Circuit Judge Alex Kozinski sardonically noted that "[f]or better or worse, we are the Court of Appeals for the Hollywood Circuit."[3] Judges from more remote parts of the circuit note the contrast between legal issues confronted by populous states such as California and those confronted by rural states such as Alaska, Idaho, and Montana. Judge Andrew J. Kleinfeld, who maintains his chambers in Fairbanks, Alaska, wrote in a 1998 letter: "Much federal law is not national in scope.... It is easy to make a mistake construing these laws when unfamiliar with them, as we often are, or not interpreting them regularly, as we never do."[4]


Alleged political liberalism

According to the most current count, the Ninth Circuit has the highest percentage (68%) of sitting judges appointed by Democratic presidents. Republicans argue the court is biased because of its relatively high proportion of Democratic appointees.[5] However, Republicans have not been the only ones to make such an allegation.[6] Others argue the court's high percentage of reversals is illusory, resulting from the circuit hearing more cases than the other circuits; this results in the Supreme Court reviewing a smaller proportion of its cases, letting stand the vast majority of its cases.[7][8]

Former Chief Judges Mary M. Schroeder and Procter Ralph Hug, Jr.

Size of the court

Critics of the Ninth Circuit[9] claim there are several adverse consequences of its large size. Chief among these is the Ninth Circuit's unique rules concerning the composition of an en banc court. In other circuits, en banc courts are composed of all active circuit judges, plus (depending on the rules of the particular court) any senior judges who took part in the original panel decision. By contrast, in the Ninth Circuit it is impractical for twenty-eight or more judges to take part in a single oral argument and deliberate on a decision en masse. The court thus provides for a “limited en banc” review of a randomly selected 11 judge panel. This means that en banc reviews may not actually reflect the views of the majority of the court, and indeed may not include any of the three judges involved in the decision being reviewed in the first place. The result, according to detractors, is a high risk of intracircuit conflicts of law where different groupings of judges end up delivering contradictory opinions. This is said to cause uncertainty in the district courts and within the bar. However, en banc review is a relatively rare occurrence in all circuits and Ninth Circuit rules do provide for full en banc review in limited circumstances.[10] All currently proposed splits would leave at least one circuit with 21 judges, only two fewer than the 23 that the Ninth Circuit had when the limited en banc procedure was first adopted; in other words, after a split at least one of the circuits would still be utilizing limited en banc courts.[11]

In March 2007, Justices Anthony Kennedy and Clarence Thomas testified before a House Appropriations subcommittee that the consensus among the justices of the Supreme Court of the United States was that the Ninth Circuit was too large and unwieldy and should be split.[12]

Congressional officials, legislative commissions, and interest groups have all submitted proposals to divide the Ninth Circuit. These include the Ninth Circuit Court of Appeals Reorganization Act of 1993, H.R. 3654,[13] the Final Report of the Commission on Structural Alternatives for the Federal Courts of Appeals[14] the Ninth Circuit Court of Appeals of Reorganization Act of 2003, S. 562, the Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2003, H.R. 2723, the Ninth Circuit Judgeship and Reorganization Act of 2004, S. 878 (reintroduced as the Ninth Circuit Judgeship and Reorganization Act of 2005, H.R. 211, and co-sponsored by House Majority Leader Tom DeLay), the Circuit Court of Appeals Restructuring and Modernization Act of 2005, S. 1845,[15] and the Circuit Court of Appeals Restructuring and Modernization Act of 2007, S. 525.[16]

Current composition of the court

As of October 22, 2012 (2012-10-22), the judges on the court are:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
62Chief JudgeAlex KozinskiPasadena, California19501985–present2007–presentReagan
50Circuit JudgeHarry PregersonWoodland Hills, California19231979–presentCarter
57Circuit JudgeStephen ReinhardtLos Angeles, California19311980–presentCarter
65Circuit JudgeDiarmuid Fionntain O'ScannlainPortland, Oregon19371986–presentReagan
74Circuit JudgeSidney Runyan ThomasBillings, Montana19531996–presentClinton
75Circuit JudgeBarry G. SilvermanPhoenix, Arizona19511998–presentClinton
76Circuit JudgeSusan P. GraberPortland, Oregon19491998–presentClinton
77Circuit JudgeM. Margaret McKeownSan Diego, California19511998–presentClinton
78Circuit JudgeKim McLane WardlawPasadena, California19541998–presentClinton
79Circuit JudgeWilliam A. FletcherSan Francisco, California19451998–presentClinton
80Circuit JudgeRaymond C. FisherPasadena, California19391999–presentClinton
81Circuit JudgeRonald M. GouldSeattle, Washington19461999–presentClinton
82Circuit JudgeRichard A. PaezPasadena, California19472000–presentClinton
83Circuit JudgeMarsha S. BerzonSan Francisco, California19452000–presentClinton
84Circuit JudgeRichard C. TallmanSeattle, Washington19532000–presentClinton
85Circuit JudgeJohnnie B. RawlinsonLas Vegas, Nevada19522000–presentClinton
86Circuit JudgeRichard R. CliftonHonolulu, Hawaii19502002–presentG.W. Bush
87Circuit JudgeJay BybeeLas Vegas, Nevada19532003–presentG.W. Bush
88Circuit JudgeConsuelo Maria CallahanSacramento, California19502003–presentG.W. Bush
89Circuit JudgeCarlos T. BeaSan Francisco, California19342003–presentG.W. Bush
90Circuit JudgeMilan D. Smith, Jr.El Segundo, California19422006–presentG.W. Bush
91Circuit JudgeSandra Segal IkutaPasadena, California19542006–presentG.W. Bush
92Circuit JudgeN. Randy SmithPocatello, Idaho19492007–presentG.W. Bush
93Circuit JudgeMary H. MurguiaPhoenix, Arizona19602011–presentObama
94Circuit JudgeMorgan ChristenAnchorage, Alaska19612012–presentObama
95Circuit JudgeJacqueline NguyenPasadena, California19652012–presentObama
96Circuit JudgePaul J. WatfordPasadena, California19672012–presentObama
97Circuit JudgeAndrew D. HurwitzPhoenix, Arizona19472012–presentObama
Circuit Judge(vacant since December 31, 2004)

38Senior Circuit JudgeAlfred Theodore GoodwinPasadena, California19231971–19911988–19911991–presentNixon
39Senior Circuit JudgeJ. Clifford WallaceSan Diego, California19281972–19961991–19961996–presentNixon
43Senior Circuit JudgeProcter Ralph Hug, Jr.Reno, Nevada19311977–20021996–20002002–presentCarter
46Senior Circuit JudgeMary M. SchroederPhoenix, Arizona19401979–20122000–20072012–presentCarter
48Senior Circuit JudgeJoseph Jerome FarrisSeattle, Washington19301979–19951995–presentCarter
49Senior Circuit JudgeArthur Lawrence AlarconLos Angeles, California19251979–19921992–presentCarter
53Senior Circuit JudgeDorothy Wright NelsonPasadena, California19281979–19951995–presentCarter
54Senior Circuit JudgeWilliam Cameron Canby, Jr.Phoenix, Arizona19311980–19961996–presentCarter
63Senior Circuit JudgeJohn T. Noonan, Jr.San Francisco, California19261985–19961996–presentReagan
66Senior Circuit JudgeEdward LeavyPortland, Oregon19291987–19971997–presentReagan
67Senior Circuit JudgeStephen S. TrottBoise, Idaho19391988–20042005–presentReagan
68Senior Circuit JudgeFerdinand Francis FernandezPasadena, California19371989–20022002–presentG.H.W. Bush
71Senior Circuit JudgeAndrew Jay KleinfeldFairbanks, Alaska19451991–20102010–presentG.H.W. Bush
72Senior Circuit JudgeMichael Daly HawkinsPhoenix, Arizona19451994–20102010–presentClinton
73Senior Circuit JudgeA. Wallace TashimaPasadena, California19341996–20042004–presentClinton

Vacancies and pending nominations

SeatSeat last held byVacancy reasonDate of vacancyNomineeNomination(s)
5Stephen S. TrottSenior statusDecember 31, 2004————

List of former judges

#JudgeStateBorn/DiedActive serviceTerm as Chief JudgeSenior statusAppointed byReason for
1Sawyer, LorenzoLorenzo SawyerCA1820–18911891–1891[17]death
2McKenna, JosephJoseph McKennaCA1843–19261892–1897Harrison, B.B. HarrisonAppointed U.S. Attorney General
3Gilbert, William BallWilliam Ball GilbertOR1847–19311892–1931Harrison, B.B. Harrisondeath
4Ross, Erskine MayoErskine Mayo RossCA1845–19281895–19251925–1928Cleveland, Clevelanddeath
5Morrow, William W.William W. MorrowCA1843–19291897–1923McKinley, McKinleyresignation
Hunt, William HenryWilliam Henry HuntMT1857–19491911–19281928–1928[18]resignation
6Rudkin, Frank H.Frank H. RudkinWA1864–19311923–1931Harding, Hardingdeath
7McCamant, WallaceWallace McCamantOR1867–19441925[19]–1926Coolidge, Coolidgerecess appointment not confirmed by the United States Senate
8Dietrich, Frank SigelFrank Sigel DietrichID1863–19301927–1930Coolidge, Coolidgedeath
9Wilbur, Curtis D.Curtis D. WilburCA1867–19541929–19451945–1954Hoover, Hoover[20]death
10Sawtelle, William HenryWilliam Henry SawtelleAZ1868–19341931–1934Hoover, Hooverdeath
11Garrecht, Francis ArthurFrancis Arthur GarrechtWA1870–19481933–1948Roosevelt, F.F. Rooseveltdeath
12Denman, WilliamWilliam DenmanCA1872–19591935–19571948–19571957–1959Roosevelt, F.F. Rooseveltdeath
13Mathews, CliftonClifton MathewsAZ1880–19621935–19531953–1962Roosevelt, F.F. Rooseveltdeath
14Haney, Bert EmoryBert Emory HaneyOR1879–19431935–1943Roosevelt, F.F. Rooseveltdeath
15Stephens, Sr., Albert LeeAlbert Lee Stephens, Sr.CA1874–19651937–19611957–19591961–1965Roosevelt, F.F. Rooseveltdeath
16Healy, WilliamWilliam HealyID1881–19621937–19581958–1962Roosevelt, F.F. Rooseveltdeath
17Bone, HomerHomer BoneWA1883–19701944–19561956–1970Roosevelt, F.F. Rooseveltdeath
18Orr, William EdwinWilliam Edwin OrrNV1881–19651945–19561956–1965Truman, Trumandeath
19Pope, Walter LyndonWalter Lyndon PopeMT1889–19691949–19611959–19591961–1969Truman, Trumandeath
20Lemmon, Dal MillingtonDal Millington LemmonCA1887–19581954–1958Eisenhower, Eisenhowerdeath
21Chambers, Richard HarveyRichard Harvey ChambersAZ1906–19941954–19761959–19761976–1994Eisenhower, Eisenhowerdeath
22Fee, James AlgerJames Alger FeeOR1888–19591954–1959Eisenhower, Eisenhowerdeath
23Barnes, Stanley NelsonStanley Nelson BarnesCA1900–19901956–19701970–1990Eisenhower, Eisenhowerdeath
24Hamley, Frederick GeorgeFrederick George HamleyWA1903–19751956–19711971–1975Eisenhower, Eisenhowerdeath
25Hamlin, Jr., Oliver DevetaOliver Deveta Hamlin, Jr.CA1892–19731958–19631963–1973Eisenhower, Eisenhowerdeath
26Jertberg, Gilbert H.Gilbert H. JertbergCA1897–19731958–19671967–1973Eisenhower, Eisenhowerdeath
27Merrill, Charles MertonCharles Merton MerrillNV1907–19961959–19741974–1996Eisenhower, Eisenhowerdeath
28Koelsch, Montgomery OliverMontgomery Oliver KoelschID1912–19921959–19761976–1992Eisenhower, Eisenhowerdeath
29Browning, James R.James R. BrowningCA1918-20121961–20001976–19882000–2012Kennedydeath
30Duniway, Benjamin CushingBenjamin Cushing DuniwayCA1907–19861961–19761976–1986Kennedy, Kennedydeath
31Ely, Jr., Walter RaleighWalter Raleigh Ely, Jr.CA1913–19841964–19791979–1984Johnson, L.L. Johnsondeath
32Carter, James MarshallJames Marshall CarterCA1904–19791967–19711971–1979Johnson, L.L. Johnsondeath
33Hufstedler, ShirleyShirley HufstedlerCA1925–present1968–1979Johnson, L.L. JohnsonAppointed U.S. Secretary of Education
34Wright, Eugene AllenEugene Allen WrightWA1913–20021969–19831983–2002Nixon, Nixondeath
35Kilkenny, John FrancisJohn Francis KilkennyOR1901–19951969–19711971–1995Nixon, Nixondeath
36Trask, Ozell MillerOzell Miller TraskAZ1909–19841971–1984Nixon, Nixondeath
37Choy, HerbertHerbert ChoyHI1916–20041971–19841984–2004Nixon, Nixondeath
40Sneed III, Joseph TyreeJoseph Tyree Sneed IIICA1920-20081973–19871987–2008Nixon, Nixondeath
41Kennedy, AnthonyAnthony KennedyCA1936–present1975–1988Ford, Fordelevation to Supreme Court
42Anderson, J. BlaineJ. Blaine AndersonID1922–19881976–1988Ford, Forddeath
44Tang, ThomasThomas TangAZ1922–19951977–19931993–1995Carter, Carterdeath
45Betty Binns FletcherWA1923-20121979–19981998–2012Carterdeath
47Otto Richard Skopil, Jr.OR1919-20121979–19861986–2012Carterdeath
51Warren John FergusonCA1920–20081979–19861986–2008Carter, Carterdeath
52Poole, Cecil F.Cecil F. PooleCA1914–19971979–19961996–1997Carter, Carterdeath
55Boochever, RobertRobert BoocheverCA1917-20111980–19861986–2011Carterdeath
56Norris, William AlbertWilliam Albert NorrisCA1927–present1980–19941994–1997Carter, Carterretirement
58Beezer, Robert R.Robert R. BeezerWA1928–20121984-19961996–2012Reagandeath
59Cynthia Holcomb HallCA1929–20111984–19971997–2011Reagandeath
60Wiggins, Charles EdwardCharles Edward WigginsCA1927–20001984–19961996–2000Reagan, Reagandeath
61Brunetti, Melvin T.Melvin T. BrunettiNV1933–20091985–19991999–2009Reagan, Reagandeath
64Thompson, David R.David R. ThompsonCA1930–20111985–19981998–2011Reagandeath
69Rymer, Pamela AnnPamela Ann RymerCA1941–20111989–2011(none)G.H.W. Bushdeath
70Nelson, Thomas G.Thomas G. NelsonID1936–20111990–20032003–2011G.H.W. Bushdeath

Chief judges

Chief Judge

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

The court has 29 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 December 10, 1869 by the Judiciary Act of 1869 as a circuit judgeship for the Ninth Circuit
Reassigned to the United States Circuit Court of Appeals for the Ninth Circuit by the Judiciary Act of 1891
Seat 2
Established on June 16, 1891 by the Judiciary Act of 1891
W. FletcherCA1998–present
Seat 3
Established on February 18, 1895 by 28 Stat. 665
T. NelsonID1990–2003
N.R. SmithID2007–present
Seat 4
Established as a temporary judgeship on March 1, 1929 by 45 Stat. 1414
Made permanent on June 16, 1933 by 48 Stat. 310
Seat 5
Established on August 2, 1935 by 49 Stat. 508
Seat 6
Established on April 14, 1937 by 50 Stat. 64
Seat 7
Established on April 14, 1937 by 50 Stat. 64
Seat 8
Established on February 10, 1954 by 68 Stat. 871
Seat 9
Established on February 10, 1954 by 68 Stat. 871
Seat 10
Established on June 18, 1968 by 82 Stat. 184
Seat 11
Established on June 18, 1968 by 82 Stat. 184
Seat 12
Established on June 18, 1968 by 82 Stat. 184
Seat 13
Established on June 18, 1968 by 82 Stat. 184
Seat 14
Established on October 20, 1978 by 92 Stat. 1629
B. FletcherWA1979–1998
Seat 15
Established on October 20, 1978 by 92 Stat. 1629
Seat 16
Established on October 20, 1978 by 92 Stat. 1629
Seat 17
Established on October 20, 1978 by 92 Stat. 1629
Seat 18
Established on October 20, 1978 by 92 Stat. 1629
M.D. SmithCA2006–present
Seat 19
Established on October 20, 1978 by 92 Stat. 1629
Seat 20
Established on October 20, 1978 by 92 Stat. 1629
Seat 21
Established on October 20, 1978 by 92 Stat. 1629
Seat 22
Established on October 20, 1978 by 92 Stat. 1629
D. NelsonCA1979–1995
Seat 23
Established on October 20, 1978 by 92 Stat. 1629
Seat 24
Established on July 10, 1984 by 98 Stat. 333
Seat 25
Established on July 10, 1984 by 98 Stat. 333
Seat 26
Established on July 10, 1984 by 98 Stat. 333
Seat 27
Established on July 10, 1984 by 98 Stat. 333
Seat 28
Established on July 10, 1984 by 98 Stat. 333
Seat 29
Established by Court Security Improvement Act of 2007;[21] Effective Jan 21, 2009

See also


  1. ^ See, e.g., Republic of China v. Merchants' Fire Ass'n of N.Y., 49 F.2d 862 (9th Cir. 1931). As the court noted, this bizarre insurance claim dispute arose directly from the "perplexing" civil war during China's warlord era, in which various groups of military officers claimed to be the representatives of the Republic's legitimate government.
  2. ^ Kepner v. United States, 195 U.S. 100 (1904).
  3. ^ White v. Samsung Elec. Am., Inc., 989 F.2d 1512, 1521 (9th Cir. 1993) (Kozinski, J., dissenting).
  4. ^ Kleinfeld, Andrew J. (1998-05-22). Memo to the Commission on Structural Alternatives for the Federal Courts of Appeals. URL Retrieved June 21, 2005.
  5. ^ Bagley, Constance E.; Savage, Diane (2009). Managers and the Legal Environment: Strategies for the 21st Century. Cengage Learning. p. 1033. ISBN 9780324582048. http://books.google.com/books?id=I2ezeH8IpSgC&lpg=PA64&ots=Vje86_m42x&dq=%22ninth%20circuit%22%20liberal%20bias&pg=PA64#v=onepage&q=%22ninth%20circuit%22%20liberal%20bias&f=false. Retrieved 4 August 2012.
  6. ^ Matt Hadro (6 August 2012). "PBS Reporter Waters Down Liberal Bias of Ninth Circuit Court". NewsBusters. Media Research Center. http://m.newsbusters.org/blogs/matt-hadro/2010/08/06/pbs-reporter-waters-down-liberal-bias-ninth-circuit-court. Retrieved 28 July 2012.
  7. ^ Jerome Farris, The Ninth Circuit—Most Maligned Circuit in the Country Fact or Fiction? 58 Ohio St. L.J. 1465 (1997) (noting that, in 1996, the Supreme Court let stand 99.7% of the Ninth Circuit's cases).
  8. ^ Carol J. Williams (18 July 2011). "U.S. Supreme Court again rejects most decisions by the U.S. 9th Circuit Court of Appeals". Los Angeles Times. http://articles.latimes.com/2011/jul/18/local/la-me-ninth-circuit-scorecard-20110718. Retrieved 4 August 2012.
  9. ^ O'Scannlain, Diarmuid (October 2005). "Ten Reasons Why the Ninth Circuit Should Be Split" (PDF). Engage 6 (2): 58–64. Archived from the original on May 10, 2006. http://web.archive.org/web/20060510045844/http://www.fed-soc.org/Publications/Engage/Oct+05.pdf. Retrieved May 29, 2006.
  10. ^ "Statement of Circuit Judge Alex Kozinski to the House Judiciary Subcommittee on Courts". U.S. House of Representatives. October 21, 2003. http://judiciary.house.gov/legacy/kozinski102103.htm. Retrieved February 6, 2012.
  11. ^ Schroeder, Mary M.; et al. (April 2006). "A Court United: A Statement of a Number of Ninth Circuit Judges" (PDF). Engage 7 (1): 63–66. http://online.wsj.com/public/resources/documents/wsj_court_united.pdf. Retrieved June 6, 2006.
  12. ^ C-SPAN America and the Courts, (March 17, 2007).
  13. ^ Eric J. Gribbin, 47 Duke L.J. 351, law.duke.edu
  14. ^ Final Report, Commission on Structural Alternatives for the Federal Courts of Appeals, Dec. 18, 1998
  15. ^ Testimony of Circuit Judge Richard Tallman: U.S. Court of Appeals for the Ninth Circuit. United States Senate: Committee on the Judiciary. Retrieved November 19, 2007.
  16. ^ Govtrack.us S. 525--110th Congress (2007): Circuit Court of Appeals Restructuring and Modernization Act of 2007, GovTrack.us (database of federal legislation): govtrack.us (Retrieved February 18, 2008)
  17. ^ Sawyer was appointed as a circuit judge for the Ninth Circuit in 1869 by Ulysses S. Grant. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Ninth Circuit.
  18. ^ Hunt 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. Hunt was assigned to the Ninth Circuit upon his commission.
  19. ^ Recess appointment.
  20. ^ President Coolidge first nominated Wilbur for the judgeship in the final days of his presidency, but the Senate failed to act on it before the 70tb Congress ended on March 3, 1929. "Wilbur Nominated for Judge Post," Woodland Daily Democrat, 1929-03-01 at p. 1 (noting, as the Coolidge Administration ended, that Coolidge nominated Wilbur for the new judgeship); "Sentence Cut Out by Hoover," Oakland Tribune, 1929-03-04, Section D, p. 1 (noting that the Wilbur nomination was not acted upon before the 70th Congress ended). Hoover then resubmitted the nomination to the Senate in the 71st Congress, which approved it.
  21. ^ Court Security Improvement Act of 2007, Pub. L. 110-177 § 509(a)(2), 121 Stat. 2534, 2543, January 7, 2008

External links