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The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York, and Vermont, and the court has appellate jurisdiction over the district courts in the following districts:
The Second Circuit ordinarily has its clerk's office and hears oral arguments at the historic Thurgood Marshall U.S. Courthouse in Foley Square in lower Manhattan. Due to renovations at that building, during the summer of 2006 the court temporarily relocated to the Daniel Patrick Moynihan U.S. Courthouse in New York, New York across Pearl Street from the Marshall Courthouse. Some of the Court's offices, including the Office of Legal Affairs, have moved to the historic Woolworth Building for the duration of the renovations, which are expected to take several years.
With thirteen active and nine senior judges, the Second Circuit is midsized among the thirteen United States courts of appeals.
As of 2007, the judges on the court are:
| # |
Title |
Judge |
Duty station |
Born |
Term of service |
Appointed by |
| Active |
Chief |
Senior |
| 50 |
Chief Judge |
Dennis G. Jacobs |
New York, NY |
1944 |
1992–present |
2006–present |
— |
G.H.W. Bush |
| 52 |
Circuit Judge |
Guido Calabresi |
New Haven, CT |
1932 |
1994–present |
— |
— |
Clinton |
| 53 |
Circuit Judge |
José A. Cabranes |
New Haven, CT |
1940 |
1994–present |
— |
— |
Clinton |
| 56 |
Circuit Judge |
Chester J. Straub |
New York, NY |
1937 |
1998–present |
— |
— |
Clinton |
| 55 |
Circuit Judge |
Rosemary S. Pooler |
Syracuse, NY |
1938 |
1998–present |
— |
— |
Clinton |
| 57 |
Circuit Judge |
Robert D. Sack |
New York, NY |
1939 |
1998–present |
— |
— |
Clinton |
| 58 |
Circuit Judge |
Sonia Sotomayor |
New York, NY |
1954 |
1998–present |
— |
— |
Clinton |
| 59 |
Circuit Judge |
Robert A. Katzmann |
New York, NY |
1953 |
1999–present |
— |
— |
Clinton |
| 60 |
Circuit Judge |
Barrington Daniels Parker, Jr. |
New York, NY |
1944 |
2001–present |
— |
— |
G.W. Bush |
| 61 |
Circuit Judge |
Reena Raggi |
Brooklyn, NY |
1951 |
2002–present |
— |
— |
G.W. Bush |
| 62 |
Circuit Judge |
Richard C. Wesley |
Geneseo, NY |
1949 |
2003–present |
— |
— |
G.W. Bush |
| 63 |
Circuit Judge |
Peter W. Hall |
Rutland, VT |
1948 |
2004–present |
— |
— |
G.W. Bush |
| 64 |
Circuit Judge |
Debra Ann Livingston |
New York, NY |
1959 |
2007–present |
— |
— |
G.W. Bush |
| 31 |
Senior Circuit Judge |
Wilfred Feinberg |
New York, NY |
1920 |
1966–1991 |
1980–1988 |
1991–present |
L. Johnson |
| 39 |
Senior Circuit Judge |
Amalya Lyle Kearse |
New York, NY |
1937 |
1979–2002 |
(none) |
2002–present |
Carter |
| 40 |
Senior Circuit Judge |
Jon Ormond Newman |
Hartford, CT |
1932 |
1979–1997 |
1993–1997 |
1997–present |
Carter |
| 41 |
Senior Circuit Judge |
Richard J. Cardamone |
Utica, NY |
1925 |
1981–1993 |
(none) |
1993–present |
Reagan |
| 43 |
Senior Circuit Judge |
Ralph K. Winter, Jr. |
New Haven, CT |
1935 |
1981–2000 |
1997–2000 |
2000–present |
Reagan |
| 45 |
Senior Circuit Judge |
Roger Jeffrey Miner |
Albany, NY |
1934 |
1985–1997 |
(none) |
1997–present |
Reagan |
| 48 |
Senior Circuit Judge |
John M. Walker, Jr. |
New Haven, CT |
1940 |
1989–2006 |
2000–2006 |
2006–present |
G.H.W. Bush |
| 49 |
Senior Circuit Judge |
Joseph Michael McLaughlin |
New York, NY |
1933 |
1990–1998 |
(none) |
1998–present |
G.H.W. Bush |
| 51 |
Senior Circuit Judge |
Pierre N. Leval |
New York, NY |
1936 |
1993–2002 |
(none) |
2002–present |
Clinton |
- Currently, there are no vacancies on the Second Circuit.
| Chief Judge |
| L. Hand |
1948–1951 |
| Swan |
1951–1953 |
| Chase |
1953–1954 |
| Clark |
1954–1959 |
| Lumbard |
1959–1971 |
| Friendly |
1971–1973 |
| Kaufman |
1973–1980 |
| Feinberg |
1980–1988 |
| Oakes |
1988–1992 |
| Meskill |
1992–1993 |
| Newman |
1993–1997 |
| Winter |
1997–2000 |
| Walker |
2000–2006 |
| Jacobs |
2006–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.
The above rules have applied since October 1, 1982. The office of Chief Judge was created in 1948 and until August 6, 1959 was filled by 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. From then until 1982 it was filled by the senior such judge who had not turned 70.
The court has thirteen 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 6, 1869 by the Judiciary Act of 1869 as a circuit judgeship for the Second Circuit |
| Reassigned on June 16, 1891 to the newly formed U.S. Circuit Court of Appeals for the Second Circuit by the Judiciary Act of 1891 |
| Wallace |
NY |
1891–1907 |
| Ward |
NY |
1907–1921 |
| Mayer |
NY |
1921–1924 |
| L. Hand |
NY |
1924–1951 |
| Medina |
NY |
1951–1958 |
| Friendly |
NY |
1959–1974 |
| Van Graafeiland |
NY |
1974–1985 |
| Altimari |
NY |
1985–1996 |
| Pooler |
NY |
1998–present |
|
| Seat 2 |
| Established on March 3, 1887 by 24 Stat. 492 as a circuit judgeship for the Second Circuit |
| Reassigned on June 16, 1891 to the newly formed U.S. Circuit Court of Appeals for the Second Circuit by the Judiciary Act of 1891 |
| Lacombe |
NY |
1891–1916 |
| Hough |
NY |
1916–1927 |
| A. Hand |
NY |
1927–1953 |
| Harlan |
NY |
1954–1955 |
| Lumbard |
NY |
1955–1971 |
| Mulligan |
NY |
1971–1981 |
| Cardamone |
NY |
1981–1993 |
| Cabranes |
CT |
1994–present |
|
| Seat 3 |
| Established on June 16, 1891 by the Judiciary Act of 1891 |
| Shipman |
CT |
1892–1902 |
| Townsend |
CT |
1902–1907 |
| Noyes |
CT |
1907–1913 |
| Rogers |
CT |
1913–1926 |
| Swan |
CT |
1926–1953 |
| Hincks |
CT |
1953–1959 |
| Smith |
CT |
1960–1971 |
| Meskill |
CT |
1975–1993 |
| Calabresi |
CT |
1994–present |
|
| Seat 4 |
| Established on April 17, 1902 by 32 Stat. 106 |
| Coxe |
NY |
1902–1917 |
| Manton |
NY |
1918–1939 |
| Patterson |
NY |
1939–1940 |
| Frank |
|
1941–1957 |
| Moore |
NY |
1957–1971 |
| Mansfield |
NY |
1971–1981 |
| Winter |
|
1981–2000 |
| B. Parker |
NY |
2001–present |
|
| Seat 5 |
| Established on January 17, 1929 by 45 Stat. 1081 |
| Chase |
VT |
1929–1953 |
| Waterman |
VT |
1955–1970 |
| Oakes |
VT |
1971–1992 |
| F. Parker |
VT |
1994–2003 |
| Hall |
VT |
2004– |
|
| Seat 6 |
| Established on May 31, 1938 by 52 Stat. 584 |
| Clark |
CT |
1939–1963 |
| Anderson |
CT |
1964–1971 |
| Timbers |
CT |
1971–1981 |
| Pratt |
NY |
1982–1993 |
| Leval |
NY |
1993–2002 |
| Wesley |
NY |
2003–present |
|
| Seat 7 |
| Established on May 19, 1961 by 75 Stat. 80 |
| Kaufman |
NY |
1961–1987 |
| Walker |
NY |
1989–2006 |
| Livingston |
NY |
2007–present |
|
| Seat 8 |
| Established on May 19, 1961 by 75 Stat. 80 |
| Hays |
NY |
1962–1974 |
| Gurfein |
NY |
1974–1979 |
| Pierce |
NY |
1981–1990 |
| McLaughlin |
NY |
1990–1998 |
| Straub |
NY |
1998–present |
|
| Seat 9 |
| Established on May 19, 1961 by 75 Stat. 80 |
| Marshall |
|
1962–1965 |
| Feinberg |
NY |
1966–1991 |
| Jacobs |
NY |
1992–present |
|
| Seat 10 |
| Established on October 20, 1978 by 92 Stat. 1629 |
| Kearse |
NY |
1979–2002 |
| Raggi |
NY |
2002–present |
|
| Seat 11 |
| Established on October 20, 1978 by 92 Stat. 1629 |
| Newman |
CT |
1979–1997 |
| Katzmann |
DC |
1999–present |
|
| Seat 12 |
| Established on July 10, 1984 by 98 Stat. 333 |
| Miner |
NY |
1985–1997 |
| Sack |
NY |
1998–present |
|
| Seat 13 |
| Established on July 10, 1984 by 98 Stat. 333 |
| Mahoney |
NY |
1986–1996 |
| Sotomayor |
NY |
1998–present |
|
- ^ Wallace was appointed as a circuit judge for the Second Circuit in 1882 by Chester A. Arthur. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Second Circuit.
- ^ Lacombe was appointed as a circuit judge for the Second Circuit in 1887 by Grover Cleveland. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Second Circuit.
- ^ a b Recess appointment, confirmed by the Senate at a later date.
- ^ Knapp did not have a permanent seat on this court. Instead, he was appointed to the ill-fated United States Commerce Court in 1910 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. Knapp was assigned to the Second Circuit upon his commission.
- ^ Mack 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. Mack was assigned to the Sixth Circuit immediately prior to his assignment to the Second Circuit.
- Standard Search. Federal Law Clerk Information System. Retrieved on May 29, 2005.
- primary but incomplete source for the duty stations
- Instructions for Judicial Directory. Website of the University of Texas Law School. Retrieved on July 4, 2005.
- secondary source for the duty stations
- data is current to 2002
- U. S. Court of Appeals for the Second Circuit. Official website of the Federal Judicial Center. Retrieved on May 29, 2005.
- source for the state, lifetime, term of active judgeship, term of chief judgeship, term of senior judgeship, appointer, termination reason, and seat information