EFF: judicial

8/14/2019 EFF: judicial

http://slidepdf.com/reader/full/eff-judicial 1/26

JUDICIAL BRANCH

THE SUPREME COURT OF THE UNITED STATES

United States Supreme Court Building

1 First Street NE., Washington, DC 20543

Phone, 202-479-3000

Members: ........

Chief Justice of the United States ........William H. Rehnquist

Associate Justices ........Harry A. Blackmun, John Paul Stevens, SandraDay O'Connor, Antonin Scalia, Anthony M. Kennedy, David H. Souter,Clarence Thomas, Ruth Bader Ginsburg

Officers: ........

Clerk ........William K. Suter

Reporter of Decisions ........Frank D. Wagner

Librarian ........Shelley L. Dowling

Marshal ........Alfred Wong

Article III, section 1, of the Constitution of the United States providesthat ``[t]he judicial Power of the United States, shall be vested in onesupreme Court, and in such inferior Courts as the Congress may from time

to time ordain and establish.'' The Supreme Court of the United States wascreated in accordance with this provision and by authority of theJudiciary Act of September 24, 1789 (1 Stat. 73). It was organized onFebruary 2, 1790.

The Supreme Court comprises the Chief Justice of the United States andsuch number of Associate Justices as may be fixed by Congress. Under thatauthority, and by virtue of act of June 25, 1948 (28 U.S.C. 1), the numberof Associate Justices is eight. Pow er to nominate the Justices is vestedin the President of the United States, and appointments are made with theadvice and consent of the Senate. Article III, section 1, of theConstitution further provides that ``[t]he Judges, both of the supreme andinf erior Courts, shall hold their Offices during good Behaviour, and

shall, at stated Times, receive for their Services, a Compensation, whichshall not be diminished during their Continuance in Office.'' A Justicemay, if so desired, retire at the age of 70 after serving for 10 years asa Federal judge or at age 65 after 15 years of service.

The Clerk, the Reporter of Decisions, the Librarian, and the Marshal areappointed by the Court to assist in the performance of its functions.Other Court officers, including the Administrative Assistant, the CourtCounsel, the Curator, the Director of Da ta Systems, and the PublicInformation Officer, are appointed by the Chief Justice to assist him withthe administrative aspects of his position.



The library is open to members of the bar of the Court, attorneys for thevarious Federal departments and agencies, and Members of Congress. Onlymembers of the bar of the Court may practice before the Supreme Court.

The library is open to members of the bar of the Court, attorneys for thevarious Federal departments and agencies, and Members of Congress. Onlymembers of the bar of the Court may practice before the Supreme Court. The

term of the Court begins, by law, the first Monday in October of each yearand continues as long as the business before the Court requires, usuallyuntil about the end of June. Six members constitute a quorum.Approximately 7,000 cases are passed upon in the course of a term. Inaddition, some 1,200 applications of various kinds are filed each yearthat can be acted upon by a single Justice.

Jurisdiction According to the Constitution (art. III, sec. 2), ``[t]hejudicial Power shall extend to all Cases, in Law and Equity, arising underthis Constitution, the Laws of the United States, and Treaties made, orwhich shall be made, under their Auth ority; -- to all Cases affectingAmbassadors, other public Ministers and Consuls; -- to all Cases ofadmiralty and maritime Jurisdiction; -- to Controversies to which the

United States shall be a Party; -- to Controversies between two or moreStates; -- b etween a State and Citizens of another State; -- betweenCitizens of different States; -- between Citizens of the same Stateclaiming Lands under Grants of different States, and between a State, orthe Citizens thereof, and foreign States, Citizens or Sub jects.

``In all Cases affecting Ambassadors, other public Ministers andConsuls, and those in which a State shall be Party, the supreme Courtshall have original Jurisdiction. In all the other Cases before mentioned,the supreme Court shall have appell ate Jurisdiction, both as to Law andFact, with such Exceptions, and under such Regulations as the Congressshall make.''

Appellate jurisdiction has been conferred upon the Supreme Courtby various statutes, under the authority given Congress by theConstitution. The basic statute effective at this time in conferring andcontrolling jurisdiction of the Supreme Cour t may be found in 28 U.S.C.1251, 1253, 1254, 1257-1259, and various special statutes. Congress has noauthority to change the original jurisdiction of this Court.

Rulemaking Power

Congress has from time to time conferred upon the Supreme Court power toprescribe rules of procedure to be followed by the lower courts of theUnited States. Pursuant to these statutes there are now in force rulespromulgated by the Cour t to govern civil and criminal cases in the

district courts, bankruptcy proceedings, admiralty cases, appellateproceedings, and the trial of misdemeanors before U.S. magistrate judges.

For further information concerning the Supreme Court, contact the PublicInformation Office, United States Supreme Court Building, 1 First StreetNE., Washington, DC 20543. Phone, 202-479-3211.

Lower Courts

Article III of the Constitution declares, in section 1, that thejudicial power of the United States shall be invested in one Supreme Court



and the United States Court of Claims. The jurisdiction of the court isnationwide (as provided by 28 U.S.C. 1295) and includes appeals from thedistrict courts in patent cases; appeals from the district courts incontract, and certain ot her civil actions in which the United States is adefendant; and appeals from final decisions of the U.S. Court ofInternational Trade, the U.S. Court of Federal Claims, and the U.S. Courtof Veterans Appeals. The jurisdiction of the court also includes t hereview of administrative rulings by the Patent and Trademark Office, U.S.

International Trade Commission, Secretary of Commerce, agency boards ofcontract appeals, and the Merit Systems Protection Board, as well asrulemaking of the Department of Veter ans Affairs; review of decisions ofthe U.S. Senate Select Committee on Ethics concerning discriminationclaims of Senate employees; and review of a final order of an entity to bedesignated by the President concerning discrimination claims ofPresidentia l appointees.

The court consists of 12 circuit judges. It sits in panels ofthree or more on each case and may also hear or rehear a case en banc. Thecourt sits principally in Washington, DC, and may hold court wherever anycourt of appeals sits (28 U.S.C. 4 8).

---------------------------(TABLE START)---------------------------

Judicial Circuits -- United States Courts of Appealshead level 1 :Circuithead level 1 :Judgeshead level 1 :Official Station

-----------------------------------------------------------------

District of Columbia Circuit@rs#

(Clerk: Ron Garvin; ....... Circuit Justice

Circuit Executive: Linda Finkelstein; ....... Chief Justice William H. Rehnquist

Washington, DC)

....... Circuit Judges

....... Abner J. Mikva, Chief Judge ....... Washington, DC

....... Patricia M. Wald ....... Do.

....... Harry T. Edwards ....... Do.

....... Laurence H. Silberman ....... Do.

....... James L. Buckley ....... Do.

....... Stephen F. Williams ....... Do.

....... Douglas H. Ginsburg ....... Do.

....... David Bryan Sentelle ....... Do.



....... Karen LeCraft Henderson ....... Do.

....... A. Raymond Randolph ....... Do.

....... Judith W. Rogers ....... Do.

....... (Vacancy)@rs#

First Circuit@rs#

Districts of Maine, New ....... Circuit Justice

Hampshire, Massachusetts, ....... Justice David H. Souter

Rhode Island, and Puerto Rico

(Clerk: Francis P. Scigliano; ....... Circuit Judges

Circuit Executive: ....... Stephen G. Breyer, Chief Judge ....... Boston, MA

Vincent F. Flanagan; ....... Juan R. Torruella ....... San Juan, PR

Boston, MA) ....... Bruce M. Selya ....... Providence, RI

....... Conrad K. Cyr ....... Bangor, ME

....... Michael Boudin ....... Boston, MA

....... Norman H. Stahl ....... Concord, NH@rs#

Second Circuit@rs#

Districts of Vermont, ....... Circuit Justice

Connecticut, northern New ....... Justice Clarence Thomas

York, southern New York,

eastern New York, and ....... Circuit Judges

western New York ....... Jon O. Newman, Chief Judge ....... Hartford, CT

(Clerk: George Lange III; Circuit ....... Amalya Lyle Kearse ....... NewYork, NY

Executive: Steven Flanders; ....... Ralph K. Winter, Jr. ....... NewHaven, CT

New York, NY) ....... Roger J. Miner ....... Albany, NY

....... Frank X. Altimari ....... Uniondale, NY

....... J. Daniel Mahoney ....... Milford, CT

....... John M. Walker, Jr. ....... New York, NY

....... Joseph M. McLaughlin ....... Do.



....... Dennis G. Jacobs ....... Do.

....... Pierre N. Leval ....... Do.

....... (2 vacancies)@rs#

Third Circuit@rs#

Districts of New Jersey, ....... Circuit Justice

eastern Pennsylvania, ....... Justice David H. Souter

middle Pennsylvania,

western Pennsylvania, ....... Circuit Judges

Delaware, and the Virgin ....... Dolores Korman Sloviter, Chief Judge....... Philadelphia, PA

Islands ....... Edward R. Becker ....... Philadelphia, PA

(Clerk: P. Douglas Sisk; ....... Walter K. Stapleton ....... Wilmington, DE

Circuit Executive: ....... Carol Los Mansmann ....... Pittsburgh, PA

Toby D. Slawsky; ....... Morton I. Greenberg ....... Trenton, NJ

Philadelphia, PA) ....... Anthony J. Scirica ....... Philadelphia, PA

....... William D. Hutchinson ....... Pottsville, PA

....... Robert E. Cowen ....... Trenton, NJ

....... Richard Lowell Nygaard ....... Erie, PA

....... Samuel A. Alito, Jr. ....... Newark, NJ

....... Jane R. Roth ....... Wilmington, DE

....... Timothy K. Lewis ....... Pittsburgh, PA


Fourth Circuit@rs#

Districts of Maryland, ....... Circuit Justice

northern West Virginia, ....... Chief Justice William H. Rehnquist

southern West Virginia,

eastern Virginia, western ....... Circuit Judges

Virginia, eastern North ....... Sam J. Ervin III, Chief Judge .......Morganton, NC

Carolina, middle North ....... Donald S. Russell ....... Spartanburg, SC



Carolina, western North ....... H. Emory Widener, Jr. ....... Abingdon,VA

Carolina, and South ....... Kenneth K. Hall ....... Charleston, WV

Carolina ....... James Dickson Phillips, Jr. ....... Durham, NC

(Clerk: Bert M. Montague; ....... Francis D. Murnaghan, Jr. .......Baltimore, MD

Circuit Executive: ....... James Harvie Wilkinson III .......Charlottesville, VA

Samuel W. Phillips; ....... William W. Wilkins, Jr. ....... Greenville, SC

Richmond, VA) ....... Paul V. Niemeyer ....... Baltimore, MD

....... J. Michael Luttig ....... Alexandria, VA

....... Clyde H. Hamilton ....... Columbia, SC

....... Karen J. Williams ....... Orangeburg, SC

....... M. Blane Michael ....... Charleston, WV


Fifth Circuit@rs#

Districts of northern ....... Circuit Justice

Mississippi, southern Mississippi, ....... Justice Antonin Scalia

eastern Louisiana, middle

Louisiana, western Louisiana, ....... Circuit Judges

northern Texas, southern ....... Henry A. Politz, Chief Judge .......Shreveport, LA

Texas, eastern Texas, and ....... Carolyn Dineen King ....... Houston, TX

western Texas ....... William L. Garwood ....... Austin, TX

(Clerk: Charles R. Fulbruge III; ....... E. Grady Jolly ....... Jackson, MS

Circuit Executive: ....... Patrick E. Higginbotham ....... Dallas, TX

Lydia Comberrel; ....... W. Eugene Davis ....... Lafayette, LA

New Orleans, LA) ....... Edith H. Jones ....... Houston, TX

....... Jerry Edwin Smith ....... Houston, TX

....... John M. Duhe, Jr. ....... Lafayette, LA

....... Rhesa H. Barksdale ....... Jackson, MS

....... Jacques L. Wiener, Jr. ....... Shreveport, LA



....... Emilio M. Garza ....... San Antonio, TX

....... Harold R. Demoss, Jr. ....... Houston, TX


Sixth Circuit@rs#

Districts of northern Ohio, ....... Circuit Justice

southern Ohio, eastern ....... Justice John Paul Stevens

Michigan, western

Michigan, eastern Kentucky, ....... Circuit Judges

western Kentucky, eastern ....... Gilbert S. Merritt, Chief Judge .......Nashville, TN

Tennessee, middle Tennessee, ....... Damon J. Keith ....... Detroit, MI

and western Tennessee ....... Cornelia G. Kennedy ....... Detroit, MI

(Clerk: Leonard Green; ....... Boyce F. Martin, Jr. ....... Louisville, KY

Circuit Executive: ....... Nathaniel R. Jones ....... Cincinnati, OH

James A. Higgins; ....... H. Ted Milburn ....... Chattanooga, TN

Cincinnati, OH) ....... Ralph B. Guy, Jr. ....... Ann Arbor, MI

....... David A. Nelson ....... Cincinnati, OH

....... James L. Ryan ....... Detroit, MI

....... Danny J. Boggs ....... Louisville, KY

....... Alan E. Norris ....... Columbus, OH

....... Richard F. Suhrheinrich ....... Lansing, MI

....... Eugene E. Siler, Jr. ....... London, KY

....... Alice M. Batchelder ....... Medina, OH

....... Martha Craig Daughtrey ....... Nashville, TN


Seventh Circuit@rs#

Districts of northern Indiana, ....... Circuit Justice

southern Indiana, northern ....... Justice John Paul Stevens

Illinois, central Illinois,



southern Illinois, eastern ....... Circuit Judges

Wisconsin, and western ....... Richard A. Posner, Chief Judge .......Chicago, IL

Wisconsin ....... William J. Bauer ....... Do.

(Clerk: Thomas F. Strubbe; ....... Walter J. Cummings ....... Do.

Circuit Executive: ....... Richard D. Cudahy ....... Do.

Collins T. Fitzpatrick; ....... John L. Coffey ....... Milwaukee, WI

Chicago, IL) ....... Joel M. Flaum ....... Chicago, IL

....... Frank H. Easterbrook ....... Chicago, IL

....... Kenneth F. Ripple ....... South Bend, IN

....... Daniel A. Manion ....... South Bend, IN

....... Michael S. Kanne ....... Lafayette, IN

....... Ilana Diamond Rovner ....... Chicago, IL@rs#

Eighth Circuit@rs#

Districts of Minnesota, ....... Circuit Justice

northern Iowa, southern ....... Justice Harry A. Blackmun

Iowa, eastern Missouri,

western Missouri, eastern ....... Circuit Judges

Arkansas, western Arkansas, ....... Richard S. Arnold, Chief Judge .......Little Rock, AR

Nebraska, North Dakota, ....... Theodore McMillian ....... St. Louis, MO

and South Dakota ....... George G. Fagg ....... Des Moines, IA

(Clerk: Michael Ellis Gans; ....... Pasco M. Bowman II ....... Kansas City, MO

Circuit Executive: ....... Roger L. Wollman ....... Sioux Falls, SD

June L. Boadwine; ....... Frank J. Magill ....... Fargo, ND

St. Louis, MO, and ....... Clarence Arlen Beam ....... Lincoln, NE

St. Paul, MN) ....... James B. Loken ....... St. Paul, MN

....... David R. Hansen ....... Cedar Rapids, IA

....... Morris S. Arnold ....... Little Rock, AR




Ninth Circuit@rs#


California, eastern ....... Justice Sandra Day O'Connor

California, central California,

southern California, Oregon, ....... Circuit Judges

Nevada, Montana, eastern ....... J. Clifford Wallace, Chief Judge .......San Diego, CA

Washington, western ....... James R. Browning ....... San Francisco, CA

Washington, Idaho, Arizona, ....... Proctor Hug, Jr. ....... Reno, NV

Alaska, Hawaii, Territory ....... Mary M. Schroeder ....... Phoenix, AZ

of Guam, and District ....... Betty B. Fletcher ....... Seattle, WA

Court for the Northern ....... Jerome Farris ....... Seattle, WA

Mariana Islands ....... Harry Pregerson ....... Woodland Hills, CA

(Clerk: Cathy Catterson; ....... Cecil F. Poole ....... San Francisco, CA

Circuit Executive: ....... Dorothy W. Nelson ....... Pasadena, CA

Gregory B. Walters; ....... William C. Canby, Jr. ....... Phoenix, AZ

San Francisco, CA) ....... William A. Norris ....... Los Angeles, CA

....... Stephen Reinhardt ....... Los Angeles, CA

....... Robert R. Beezer ....... Seattle, WA

....... Cynthia Holcomb Hall ....... Pasadena, CA

....... Charles E. Wiggins ....... Reno, NV

....... Melvin Brunetti ....... Reno, NV

....... Alex Kozinski ....... Pasadena, CA

....... John T. Noonan, Jr. ....... San Francisco, CA

....... David R. Thompson ....... San Diego, CA

....... Diarmuid F. O'Scannlain ....... Portland, OR

....... Edward Leavy ....... Portland, OR

....... Stephen S. Trott ....... Boise, ID

....... Ferdinand F. Fernandez ....... Pasadena, CA

....... Pamela A. Rymer ....... Pasadena, CA



....... Thomas G. Nelson ....... Boise, ID

....... Andrew J. Kleinfeld ....... Fairbanks, AK


Tenth Circuit@rs#

Districts of Colorado, ....... Circuit Justice

Wyoming, Utah, Kansas, ....... Justice Ruth Bader Ginsburg

eastern Oklahoma, western

Oklahoma, northern ....... Circuit Judges

Oklahoma, and New ....... Stephanie K. Seymour, Chief Judge ....... Tulsa, OK

Mexico ....... James K. Logan ....... Olathe, KS

(Clerk: Robert L. Hoecker; ....... John P. Moore ....... Denver, CO

Circuit Executive: ....... Stephen H. Anderson ....... Salt Lake City, UT

Eugene J. Murret; ....... Deanell Reece Tacha ....... Lawrence, KS

Denver, CO) ....... Bobby R. Baldock ....... Roswell, NM

....... Wade Brorby ....... Cheyenne, WY

....... David M. Ebel ....... Denver, CO

....... Paul J. Kelly, Jr. ....... Santa Fe, NM


Eleventh Circuit@rs#


Georgia, middle Georgia, ....... Justice Anthony M. Kennedy

southern Georgia, northern

Florida, middle Florida, ....... Circuit Judges

southern Florida, northern ....... Gerald B. Tjoflat, Chief Judge .......Jacksonville, FL

Alabama, middle Alabama, ....... Phyllis A. Kravitch ....... Atlanta, GA

southern Alabama ....... Joseph Woodrow Hatchett ....... Tallahassee, FL

(Clerk: Miguel J. Cortez, Jr.; ....... R. Lanier Anderson III ....... Macon, GA

Circuit Executive: ....... J.L. Edmondson ....... Atlanta, GA



Norman E. Zoller; ....... Emmett Ripley Cox ....... Mobile, AL

Atlanta, GA) ....... Stanley F. Birch, Jr. ....... Atlanta, GA

....... Joel F. Dubina ....... Montgomery, AL

....... Susan H. Black ....... Jacksonville, FL

....... Edward E. Carnes ....... Montgomery, AL

....... (2 vacancies)

----------------------------(TABLE END)--------------------------

---------------------------(TABLE START)---------------------------

Federal Circuit -- Washington, DChead level 1 :head level 1 :

-----------------------------------------------------------------

Circuit Justice ........Chief Justice William H. Rehnquist

Chief Judge ........Glenn L. Archer, Jr.

Judges ........Helen Wilson Nies ........Giles S. Rich ........PaulineNewman ........Haldane Robert Mayer ........Paul R. Michel ........S. JayPlager ........Alan D. Lourie ........Raymond C. Clevenger III........Randall R. Rader ........Alvi n A. Schall ........(Vacancy)

Clerk: Francis X. Gindhart

Administrative Services Officer: Ruth A. Butler

----------------------------(TABLE END)--------------------------

United States District Courts

The district courts are the trial courts of general Federal jurisdiction.Each State has at least one district court, while the larger States haveas many as four. Altogether there are 89 district courts in the 50 States,plu s the one in the District of Columbia. In addition, the Commonwealthof Puerto Rico has a district court with jurisdiction corresponding tothat of district courts in the various States.

At present, each district court has from 2 to 28 Federaldistrict judgeships, depending upon the amount of judicial work within itsterritory. Only one judge is usually required to hear and decide a case ina district court, but in some limited cases it is required that threejudges be called together to comprise the court (28 U.S.C. 2284). Thejudge senior in commission who is under 70 years of age (65 at inceptionof term), has been in office for at least 1 year, and has not previouslybeen ch ief judge, serves as chief judge for a 7-year term. There arealtogether 610 permanent district judgeships in the 50 States and 15 inthe District of Columbia. There are 7 district judgeships in Puerto Rico.



District judges hold their offices during good behavior as provided byArticle III, section 1, of the Constitution. However, Congress may createtemporary judgeships for a court with the provision that when a vacancyoccurs in that district, such vacancy shall not be filled. Each districtcourt has on e or more United States magistrate judges and bankruptcyjudges, a clerk, a United States attorney, a United States marshal,probation officers, court reporters, and their staffs. The jurisdiction ofthe district courts is set forth in title 28, chapter 85, of the United

States Code and at 18 U.S.C. 3231.

Cases from the district courts are reviewable on appeal by theapplicable court of appeals.

Territorial Courts

Pursuant to its authority to govern the Territories (art. IV, sec. 3,clause 2, of the Constitution), Congress has established district courtsin the territories of Guam and the Virgin Islands. The District Court ofthe Canal Zone was a bolished on April 1, 1982, pursuant to the PanamaCanal Act of 1979 (22 U.S.C. 3601 note). Congress has also established adistrict court in the Northern Mariana Islands, which presently is

administered by the United States under a trusteeship agreement w ith theUnited Nations. These Territorial courts have jurisdiction not only overthe subjects described in the judicial article of the Constitution butalso over many local matters that, within the States, are decided in Statecourts. The district court o f Puerto Rico, by contrast, is establishedunder Article III, is classified like other ``district courts,'' and iscalled a ``court of the United States'' (28 U.S.C. 451). There is onejudge each in Guam and the Northern Mariana Islands, and two in the Virgin Islands. The judges in these courts are appointed for terms of 10years.

For further information concerning the lower courts, contact theAdministrative Office of the United States Courts, Thurgood Marshall

Federal Judiciary Building, One Columbus Circle NE., Washington, DC 20544.

United States Court of International Trade

This court was originally established as the Board of United StatesGeneral Appraisers by act of June 10, 1890, which conferred upon itjurisdiction theretofore held by the district and circuit courts inactions arising under the tariff acts (19 U.S.C. ch. 4). The act of May28, 1926 (19 U.S.C. 405a), created the United States Customs Court tosupersede the Board; by acts of August 7, 1939, and June 25, 1948 (28U.S.C. 1582, 1583), the court was integrated into t he United States courtstructure, organization, and procedure. The act of July 14, 1956 (28U.S.C. 251), established the court as a court of record of the United

States under Article III of the Constitution.

The Customs Courts Act of 1980 (28 U.S.C. 251) constituted thecourt as the United States Court of International Trade and revisedprovisions relating to its jurisdiction. The Court of International Tradehas all the powers in law and equity of a district court.

The Court of International Trade has jurisdiction over any civilaction against the United States arising from Federal laws governingimport transactions. This includes classification and valuation cases, aswell as authority to review certain a gency determinations under the Trade



Agreements Act of 1979 (19 U.S.C. 2501) involving antidumping andcountervailing duty matters. In addition, it has exclusive jurisdiction ofcivil actions to review determinations as to the eligibility of workers,firm s, and communities for adjustment assistance under the Trade Act of1974 (19 U.S.C. 2101). Civil actions commenced by the United States torecover customs duties, to recover on a customs bond, or for certain civilpenalties alleging fraud or negligence ar e also within the exclusivejurisdiction of the court.

The court is composed of a chief judge and eight judges, notmore than five of whom may belong to any one political party. Any of itsjudges may be temporarily designated and assigned by the Chief Justice ofthe United States to sit as a court o f appeals or district court judge inany circuit or district. The court has a clerk and deputy clerks, alibrarian, court reporters, and other supporting personnel. Cases beforethe court may be tried before a jury. Under the Federal Courts ImprovementAc t of 1982 (28 U.S.C. 1295), appeals are taken to the U.S. Court ofAppeals for the Federal Circuit, and ultimately review may be sought inappropriate cases in the Supreme Court of the United States.

The principal offices are located in New York, NY, but the court

is empowered to hear and determine cases arising at any port or placewithin the jurisdiction of the United States.

For further information, contact the Clerk, United States Court ofInternational Trade, One Federal Plaza, New York, NY 10007. Phone,212-264-2814.

Judicial Panel on Multidistrict Litigation

The Panel, created by act of April 29, 1968 (28 U.S.C. 1407), andconsisting of seven Federal judges designated by the Chief Justice fromthe courts of appeals and district courts, is authorized to temporarily transfer to a single district, for coordinated or consolidated pretrial

proceedings, civil actions pending in different districts that involve oneor more common questions of fact.

For further information, contact the Clerk, Judicial Panel onMultidistrict Litigation, Room G-255, Thurgood Marshall Federal JudiciaryBuilding, One Columbus Circle NE., Washington, DC 20002. Phone,202-273-2800.

Special Courts

The Supreme Court has held that ``. . . Article III [of theConstitution] does not express the full authority of Congress to createcourts, and that other Articles invest Congress with powers in the

exertion of which it may create inferior court s and clothe them withfunctions deemed essential or helpful in carrying those powers intoexecution.'' Such courts, known as legislative courts, have functionswhich ``. . . are directed to the execution of one or more of such powersand are prescribed b y Congress independently of section 2 of Article III;and their judges hold office for such term as Congress prescribes, whetherit be a fixed period of years or during good behavior.'' Appeals from thedecisions of these courts, with the exception of the U.S. Tax Court andthe U.S. Court of Military Appeals, may be taken to the U.S. Court ofAppeals for the Federal Circuit. Appeals from the decisions of the TaxCourt may be taken to the court of appeals in which judicial circuit the



case was initially he ard. Certain decisions of the U.S. Court of MilitaryAppeals are reviewable by writ of certiorari in the Supreme Court.

United States Court of Federal Claims

The Claims Court was established on October 1, 1982, as an Article I court(28 U.S.C. 171, Article I, U.S. Constitution). The Claims Court succeedsto the original jurisdiction of the former Court of Claims, as provid ed

for in 28 U.S.C. 1491 et seq. Its name was changed to the United StatesCourt of Federal Claims by the Federal Courts Administration Act of 1992(28 U.S.C. 1 note, 106 Stat. 4516). The Court is composed of a chiefjudge, designated by the President, an d 15 associate judges. All judgesare appointed for 15-year terms by the President with the advice andconsent of the Senate.

The court has jurisdiction over claims seeking money judgmentsagainst the United States. A claim must be founded upon either: the UnitedStates Constitution; an act of Congress; the regulation of an executivedepartment; an express or implied-i n-fact contract with the UnitedStates; or damages, liquidated or unliquidated, in cases not sounding intort.

If a bidder files a claim with the Court before the award of aGovernment contract, it has jurisdiction to grant declaratory judgmentsand equitable relief. Under the Contract Disputes Act (41 U.S.C. 601 etseq.), the Court may render judgments upon a claim by or against acontractor, or any dispute between a contractor and the United StatesGovernment arising under the act.

The Congress, from time to time, also grants the Courtjurisdiction over specific types of claims against the United States. TheNational Vaccine Injury Compensation Program, established by 42 U.S.C.300aa-10 (the Vaccine Act), is an example of such special jurisdiction.

The Court also reports to Congress on bills referred by eitherthe House of Representatives or the Senate.

Judgments of the Court are final and conclusive on both theclaimant and the United States. All judgments are subject to appeal to theUnited States Court of Appeals for the Federal Circuit. Collateral to anyjudgment, the Court may issue orders directing the restoration to officeor status of any claimant or the correction of applicable records.

The Court's jurisdiction is nationwide. Trials are conductedbefore individual judges at locations most convenient and least expensiveto citizens.

For further information, contact the Clerk of Court, United States Courtof Federal Claims, 717 Madison Place NW., Washington, DC 20005. Phone,202-219-9657.

United States Court of Military Appeals

This court was established under Article I of the Constitution of theUnited States pursuant to act of May 5, 1950, as amended (10 U.S.C. 867).Subject only to certiorari review by the Supreme Court of the United States in a limited number of cases, the court serves as the final appellatetribunal to review court-martial convictions of all the armed services. It



pension plans, and real estate investme nt trusts.

At the option of the individual taxpayer, simplified proceduresmay be utilized for the trials of small tax cases, provided that in a caseconducted under these procedures the decision of the court would be finaland not subject to review by any court. The jurisdictional maximum forsuch cases is $10,000 for any disputed year.

In disputes relating to public inspection of writtendeterminations by the Internal Revenue Service, the Tax Court hasjurisdiction to restrain disclosure or to obtain additional disclosure ofwritten determinations or background file documents and, at the request ofany person, to order disclosure of the identity of any person to whom thewritten determination pertains, if there has been a third party contactnoted on the determination made public.

The Tax Court has jurisdiction to render declaratory judgmentsrelating to the qualification of retirement plans, including pension,profit-sharing, stock bonus, annuity, and bond purchase plans; thetax-exempt status of a charitable organizatio n, qualified charitabledonee, private foundation, or private operating foundation; and the status

of interest on certain governmental obligations. Additional jurisdictionwas conferred on the Tax Court by the Technical and Miscellaneous RevenueAct of 19 88 (102 Stat. 3342). Such jurisdiction includes injunctiveauthority over certain procedure assessments, authority to review certainjeopardy assessments and jeopardy levies, and authority to hear and decideappeals by taxpayers from the denial of adminis trative costs by theInternal Revenue Service.

All decisions, other than small tax case decisions, are subjectto review by the courts of appeals and thereafter by the Supreme Court ofthe United States upon the granting of a writ of certiorari.

The office of the court and all of its judges are located in

Washington, DC, with the exception of a field office located in LosAngeles, CA. The court conducts trial sessions at various locations withinthe United States as reasonably convenien t to taxpayers as practicable.Each trial session is conducted by a single judge or a special trialjudge. All proceedings are public and are conducted judicially inaccordance with the court's Rules of Practice and the rules of evidenceapplicable in tri als without a jury in the U.S. District Court for theDistrict of Columbia. A fee of $60 is prescribed for the filing of apetition. Practice before the court is limited to practitioners admittedunder the court's Rules.

For further information, contact the Administrative Office, United StatesTax Court, 400 Second Street NW., Washington, DC 20217. Phone,

202-606-8751.

United States Court of Veterans Appeals

The United States Court of Veterans Appeals was established on November18, 1988 (102 Stat. 4105, 38 U.S.C. 4051) pursuant to Article I of theConstitution, and given exclusive jurisdiction to review decisions of th eBoard of Veterans Appeals. However, the Court may not review the scheduleof ratings for disabilities or actions of the Secretary in adopting orrevising that schedule. Decisions of the Court of Veterans Appeals may beappealed to the United States Cour t of Appeals for the Federal Circuit.



The Court consists of a chief judge and at least two, but notmore than six, associate judges. All judges are appointed by the Presidentwith the advice and consent of the Senate for terms of 15 years.

The court's principal office is in the District of Columbia, butthe Court can also act at any place within the United States.

For further information, contact the Clerk, United States Court ofVeterans Appeals, Suite 900, 625 Indiana Avenue NW., Washington, DC20004-2950. Phone, 202-501-5970.

Other Courts

There have also been created two courts of local jurisdiction for theDistrict of Columbia: the District of Columbia Court of Appeals and theSuperior Court.

Business of the Federal Courts

The business of all the Federal courts described here, except

the Court of Military Appeals, the Tax Court, the Court of VeteransAppeals, and the District of Columbia courts, is discussed in detail inthe text and tables of the Annual Report of the Director of theAdministrative Office of the United States Courts (1940-92).

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

Washington, DC 20544

Phone: See ``Sources of Information'' section at end of statement

Director ........L. Ralph Mecham

Deputy Director ........(vacancy)

Associate Director for Management and Operations ........Clarence A. Lee, Jr.

Chief, Office of Audit ........David L. Gellman

Chief, Office of Management Coordination ........Cathy A. McCarthy

Chief, Office of Program Assessment ........Duane R. Lee

General Counsel ........William R. Burchill, Jr.

Legislative and Public Affairs Officer ........(vacancy)

Chief, Judicial Conference and Management Coordination ........Karen K.Siegel

Chief, Office of Intergovernmental and External Affairs ........Robert E.Feidler

Assistant Director for Automation and Technology ........Roy L. Carter



Deputy Assistant Director ........James S. Lamb

Chief, Automation Planning and Policy Formulation Office ........KathrynC. Hogan

Chief, Technology Enhancement Office ........Richard D. Fennell

Assistant Director for Court Programs ........Noel J. Augustyn

Chief, Court Administration Policy Staff ........Abel J. Mattos

Assistant Director for Facilities, Security and Administrative Services........P. Gerald Thacker

Deputy Assistant Director ........William J. Lehman

Court Security Officer ........(vacancy)

Chief, Relocation and Travel Management Office ........Robert E. Moreland

Assistant Director for Finance and Budget ........Richard A. Ames

Deputy Assistant Director ........Nancy A. Potok

Chief, Financial Analysis Office ........Penny G. Jacobs

Chief, Judicial Impact Office ........Nancy A. Potok

Assistant Director for Human Resources and Statistics ........Myra HowzeShiplett

Deputy Assistant Director ........R. Townsend Robinson

Chief, Analytical Services Office ........David L. Cook

Chief, Equal Employment Opportunity and Special Projects Office........Maurice E. White

Assistant Director for Judges Programs ........Peter G. McCabe

Chief, Long Range Planning Office ........Charles W. Nihan

Chief, Rules Committee Support Office ........John K. Rabiej

Chief, Accounting and Financial Systems Division ........Nancy C.Fleetwood

Chief, Internal Services Division ........Charles F. McBride

Chief, Appellate and Circuit Court Administration Division ........John P.Hehman

Chief, Article III Judges Division ........John E. Howell

Chief, Automation Resources Division ........Dennis E. Morey

Chief, Bankruptcy Court Administration Division ........Glen K. Palman



Chief, Bankruptcy Judges Division ........Francis F. Szczebak

Chief, Budget Division ........Joseph J. Bobek

Chief, Court Systems Division ........Stephen M. Beckman

Chief, Contracts and Services Division ........Ralph J. Simmons

Chief, Defender Services Division ........Theodore J. Lidz

Chief, District Court Administration Division ........Lydia Pelegrin

Chief, Human Resources Division ........Charlotte G. Peddicord

Chief, Integrated Technology Division ........Pamela B. White

Chief, Magistrate Judges Division ........Thomas C. Hnatowski

Chief, Probation and Pretrial Services Division ........Eunice Holt Jones

Chief, Space and Facilities Division ........William J. Lehman

Chief, Statistics Division ........Steven R. Schlesinger

Chief, Systems Technology Division ........Frank S. Dozier

@U1

[Insert Administrative Office of the U.S. Courts chart]@U0

The Administrative Office of the United States Courts is charged with thenonjudicial, administrative business of the United States Courts,including the maintenance of workload statistics and the disbursement offunds appropriated for the maintenance of the U.S. judicial system.

The Administrative Office of the United States Courts wascreated by act of August 7, 1939 (28 U.S.C. 601). The Office wasestablished November 6, 1939. Its Director and Deputy Director areappointed by the Chief Justice of the United States aft er consultationwith the Judicial Conference.

Administering the Courts

The Director is the administrative officer of the courts of the UnitedStates (except the Supreme Court). Under the guidance of the JudicialConference of the United States the Director is required, among otherthings, to:

-- supervise all administrative matters relating to the officesof clerks and other clerical and administrative personnel of the courts;

-- examine the state of the dockets of the courts, secureinformation as to the courts' need of assistance, and prepare and transmitquarterly to the chief judges of the circuits statistical data and reportsas to the business of the courts;

-- submit to the annual meeting of the Judicial Conference ofthe United States, at least 2 weeks prior thereto, a report of the



activities of the Administrative Office and the state of the business ofthe courts;

-- fix the compensation of employees of the courts whosecompensation is not otherwise fixed by law;

-- regulate and pay annuities to widows and surviving dependentchildren of judges;

-- disburse moneys appropriated for the maintenance andoperation of the courts;

-- examine accounts of court officers;

-- regulate travel of judicial personnel;

-- provide accommodations and supplies for the courts and theirclerical and administrative personnel;

-- establish and maintain programs for the certification andutilization of court interpreters and the provision of special

interpretation services in the courts; and

-- perform such other duties as may be assigned to him by theSupreme Court or the Judicial Conference of the United States.

The Director is also responsible for the preparation andsubmission of the budget of the courts, except the budget of the SupremeCourt.

Probation Officers

The Administrative Office exercises general supervision of the accountsand practices of the Federal probation offices, subject to primary control

by the respective district courts that they serve. The Office publishesquarterly, in coo peration with the Bureau of Prisons of the Department ofJustice, a magazine entitled Federal Probation, which is a journal ``ofcorrectional philosophy and practice.''

The Director also has responsibility with respect to theestablishment of pretrial services in the district courts under thePretrial Services Act of 1982 (18 U.S.C. 3152). These offices report totheir respective courts information concerning p retrial release ofpersons charged with Federal offenses and supervise such persons who arereleased to their custody.

Bankruptcy

The Bankruptcy Amendments and Federal Judgeship Act of 1984 (28 U.S.C.151) provided that the bankruptcy judges for each judicial district shallconstitute a unit of the district court to be known as the bankruptcycourt. Bankruptcy judges are appointed by the courts of appeals in suchnumbers as authorized by Congress and serve for a term of 14 years asjudicial officers of the district courts.

This act placed jurisdiction in the district courts over allcases under title 11, United States Code, and all proceedings arising inor related to cases under that title (28 U.S.C. 1334). The district court



may provide for such cases and procee dings to be referred to itsbankruptcy judges (as authorized by 28 U.S.C. 157).

The Director of the Administrative Office recommends to theJudicial Conference the official duty stations and places of holding courtof bankruptcy judges, surveys the need for additional bankruptcyjudgeships to be recommended to Congress, and determines the staff needsof bankruptcy judges and the clerks of the bankruptcy courts.

Federal Magistrate Judges

Under the Federal Magistrates Act, as amended (28 U.S.C. 631), theDirector of the Administrative Office, under the supervision and directionof the Judicial Conference, exercises general supervision overadministrative matters i n offices of United States magistrate judges,compiles and evaluates statistical data relating to such offices, andsubmits reports thereon to the Conference. The Director reports annuallyto Congress on the business that has come before United States mag istratejudges and also prepares legal and administrative manuals for the use ofthe magistrate judges. The act provides for surveys to be conducted by theAdministrative Office of the conditions in the judicial districts in order

to make recommendations as to the number, location, and salaries ofmagistrate judges, which are determined by the Conference subject to theavailability of appropriated funds.

Federal Defenders

The Criminal Justice Act (18 U.S.C. 3006A) establishes the procedure forthe appointment of counsel in Federal criminal cases for individuals whoare unable to afford adequate representation under plans adopted by eachdistrict court. Th e act also permits the establishment of Federal publicdefender or Federal community defender organizations by the districtcourts in districts where at least 200 persons annually require theappointment of counsel. Two adjacent districts may be combined to reach

this total.

Each defender organization submits to the Director of theAdministrative Office an annual report of its activities along with aproposed budget or, in the case of community defender organizations, aproposed grant for the coming year. The Direct or is responsible for thesubmission of the proposed budgets and grants to the Judicial Conferencefor approval. The Director also makes payments to the defenderorganizations out of appropriations in accordance with the approvedbudgets and grants, as we ll as compensating private counsel appointed todefend criminal cases in the United States courts.

Sources of Information

Information may be obtained from the following offices:

Bankruptcy Division. Phone, 202-273-1900.

Budget Division. Phone, 202-273-2100.

Court Administration Division. Phone, 202-273-1530.

Defender Services Division. Phone, 202-273-1670.



General Counsel. Phone, 202-273-1100.

Human Resources Division. Phone, 202-273-1270.

Judicial Conference Secretariat. Phone, 202-273-1140.

Legislative and Public Affairs Office. Phone, 202-273-1120.

Magistrate Judges Division. Phone, 202-273-1830.

Probation and Pretrial Services Division. Phone, 202-273-1600.

Statistics Division. Phone, 202-273-2240.

For further information, contact one of the offices listed above,Administrative Office of the United States Courts, Thurgood MarshallFederal Judiciary Building, One Columbus Circle NE., Washington, DC 20544.

FEDERAL JUDICIAL CENTER

Thurgood Marshall Federal Judiciary Building,

One Columbus Circle NE., Washington, DC 20002

Phone: See ``Sources of Information'' section at end of statement

Director ........William W. Schwarzer

Deputy Director ........Russell R. Wheeler

Director of Research ........William B. Eldridge

Director of Planning and Technology ........Gordon Bermant

Director of Judicial Education ........Denis J. Hauptly

Director of Court Education ........Steven A. Wolvek

Director of Publications and Media ........Sylvan A. Sobel

The Federal Judicial Center is the judicial branch's agency for planningand policy research, systems development, and continuing education.

The Federal Judicial Center was created by act of December 20,1967 (28 U.S.C. 620), to further the development and adoption of improvedjudicial administration in the courts of the United States.

The Center's basic policies and activities are determined by itsBoard, which is composed of the Chief Justice of the United States, whois, by statute, permanent Chairman of the Board, and two judges of theUnited States courts of appeals, thre e judges of the United Statesdistrict courts, and one bankruptcy judge, all of whom are elected for4-year terms by the Judicial Conference of the United States. The Directorof the Administrative Office of the United States Courts is also a



permanent me mber of the Board.

Congress assigned the Center the following basic functions:

-- to conduct research on the operation of the United Statescourts and to stimulate and coordinate such research on the part of otherpublic and private persons and agencies;

-- to stimulate, create, develop, and conduct programs ofcontinuing education and training for judges and support personnel of thejudicial branch;

-- to study and determine ways in which automatic dataprocessing and systems procedures may be applied to the administration ofthe courts;

-- to provide staff, research, and planning assistance to theJudicial Conference and its committees, consistent with the performance ofthe other functions set forth above;

-- to develop recommendations for improvement in the

administration and management of the courts and to submit recommendationsto the Judicial Conference of the United States;

-- to submit to government agencies recommendations forimprovement of their programs or activities that relate to theadministration of justice;

-- to conduct, coordinate, and encourage programs relating tothe history of the judicial branch; and

-- to cooperate with and assist other agencies andorganizations in providing advice to further improvement in theadministration of justice in the courts of foreign countries.


Employment

Employment inquiries and applications may be directed to the Office ofPersonnel. Phone, 202-273-4165.

Publications

Single copies of most Federal Judicial Center publications are availablefree of charge. Phone, 202-273-4153.

For further information, contact the Federal Judicial Center, ThurgoodMarshall Federal Judiciary Building, One Columbus Circle NE., Washington,DC 20002. For a recorded message and office directory, dial 202-273-4004on a touch-tone phone.

UNITED STATES SENTENCING COMMISSION

Suite 2-500, South Lobby, One Columbus Circle NE., Washington, DC 20002-8002



Phone, 202-273-4500

Chairman ........William W. Wilkins, Jr.

Commissioners ........Julie E. Carnes, Michael S. Gelacak, A. DavidMazzone, Ilene H. Nagel, (2 vacancies)

Commissioners (ex officio) ........Janet Reno

........Edward F. Reilly, Jr.

Staff Director ........Phyllis J. Newton

Deputy Staff Director ........Paul K. Martin

General Counsel ........John R. Steer

Director of Communications ........Kent S. Larsen

Director of Policy Analysis ........Susan Katzenelson

Director of Training and Technical Assistance ........Sharon O. Henegan

Director of Administration ........Mary G. Hogya

Director of Monitoring ........Alf A. Olson

@U1

[Insert United States Sentencing Commission chart]@U0

The United States Sentencing Commission develops sentencing policies andpractices for the Federal criminal justice system.

The United States Sentencing Commission was established as anindependent commission in the judicial branch of the Federal Government bythe Sentencing Reform Act of 1984 (28 U.S.C. 991 et seq. and 18 U.S.C.3551 et seq.). The Commission establi shes sentencing policies andpractices for the Federal courts, including guidelines prescribing theappropriate form and severity of punishment for offenders convicted ofFederal crimes.

The Commission is composed of seven voting members appointed bythe President with the advice and consent of the Senate for 6-year terms,and two nonvoting members. One of the voting members is appointedChairman.

The Commission evaluates the effects of the sentencingguidelines on the criminal justice system, advises Congress regarding themodification or enactment of statutes relating to criminal law andsentencing matters, establishes a research and de velopment program onsentencing issues, and performs other related duties.

In executing its duties, the Commission promulgates anddistributes to Federal courts and to the U.S. Probation System guidelinesto be used in determining sentences to be imposed in criminal cases,general policy statements regarding the applic ation of guidelines, andpolicy statements on the appropriate use of probation and supervised



release revocation provisions. These sentencing guidelines and policystatements are designed to further the purposes of just punishment,deterrence, incapacitat ion, and rehabilitation; provide fairness inmeeting the purposes of sentencing; avoid unwarranted disparity; andreflect advancement in the knowledge of human behavior as it relates tothe criminal justice process.

In addition, the Commission provides training, conducts research

on sentencing-related issues, and serves as an information resource forCongress, criminal justice practitioners, and the public.


Public Information

Information concerning the Commission's activities is available from theOffice of Communications. Phone, 202-273-4590.

Judges and Probation Officers Technical Assistance Service Phone,202-273-4545 (hotline).

Prosecuting and Defense Attorneys Phone, 202-273-4527 (hotline).

EFF: judicial

Documents

Transcript of EFF: judicial