United States Court of Appeals for the Fourth Circuit
(4th Cir.)
LocationLewis F. Powell Jr. U.S. Courthouse(Richmond, Virginia)
Appeals from
  • District of Maryland
  • Eastern District of North Carolina
  • Middle District of North Carolina
  • Western District of North Carolina
  • District of South Carolina
  • Eastern District of Virginia
  • Western District of Virginia
  • Northern District of West Virginia
  • Southern District of West Virginia
EstablishedJune 16, 1891
Judges15
Circuit JusticeJohn Roberts
Chief JudgeAlbert Diaz
www.ca4.uscourts.gov

The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:

The court is based at the Lewis F. Powell Jr. United States Courthouse in Richmond, Virginia. With 15 authorized judgeships, it is the 4th largest circuit among the 13 United States Courts of Appeals.

Current composition of the court

As of March 19, 2024:[1][2]

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
48 Chief Judge Albert Diaz Charlotte, NC 1960 2010–present 2023–present — Obama
30 Circuit Judge J. Harvie Wilkinson III Charlottesville, VA 1944 1984–present 1996–2003 — Reagan
33 Circuit Judge Paul V. Niemeyer Baltimore, MD 1941 1990–present — — G.H.W. Bush
40 Circuit Judge Robert Bruce King Charleston, WV 1940 1998–present — — Clinton
41 Circuit Judge Roger Gregory Richmond, VA 1953 2000–present 2016–2023 — Clinton /
G.W. Bush[a]
44 Circuit Judge G. Steven Agee Salem, VA 1952 2008–present — — G.W. Bush
47 Circuit Judge James Andrew Wynn Raleigh, NC 1954 2010–present — — Obama
50 Circuit Judge Stephanie Thacker Charleston, WV 1965 2012–present — — Obama
51 Circuit Judge Pamela Harris Bethesda, MD 1962 2014–present — — Obama
52 Circuit Judge Julius N. Richardson Columbia, SC 1976 2018–present — — Trump
53 Circuit Judge A. Marvin Quattlebaum Jr. Greenville, SC 1964 2018–present — — Trump
54 Circuit Judge Allison Jones Rushing Asheville, NC 1982 2019–present — — Trump
55 Circuit Judge Toby J. Heytens Alexandria, VA 1975 2021–present — — Biden
56 Circuit Judge DeAndrea G. Benjamin Columbia, SC 1972 2023–present — — Biden
57 Circuit Judge Nicole Berner Baltimore, MD 1965 2024–present — — Biden
38 Senior Judge Diana Gribbon Motz inactive 1943 1994–2022 — 2022–present Clinton
39 Senior Judge William Byrd Traxler Jr. Greenville, SC 1948 1998–2018 2009–2016 2018–present Clinton
46 Senior Judge Barbara Milano Keenan Alexandria, VA 1950 2010–2021 — 2021–present Obama
49 Senior Judge Henry F. Floyd Spartanburg, SC 1947 2011–2021 — 2021–present Obama


List of former judges

# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 Hugh Lennox Bond MD 1828–1893 1891–1893 — — Grant / Operation of law[3] death
2 Nathan Goff Jr. WV 1843–1920 1892–1913 — — B. Harrison resignation
3 Charles Henry Simonton SC 1829–1904 1893–1904 — — Cleveland death
4 Jeter Connelly Pritchard NC 1857–1921 1904–1921 — — T. Roosevelt death
5 Martin Augustine Knapp NY 1843–1923 1916–1923 — — [4] death
6 Charles Albert Woods SC 1852–1925 1913–1925 — — Wilson death
7 Edmund Waddill Jr. VA 1855–1931 1921–1931 — — Harding death
8 John Carter Rose MD 1861–1927 1922–1927 — — Harding death
9 John J. Parker NC 1885–1958 1925–1958 1948–1958 — Coolidge death
10 Elliott Northcott WV 1869–1946 1927–1939 — 1939–1946 Coolidge death
11 Morris Ames Soper[5] MD 1873–1963 1931–1955 — 1955–1963 Hoover death
12 Armistead Mason Dobie[5] VA 1881–1962 1939–1956 — 1956–1962 F. Roosevelt death
13 Simon Sobeloff MD 1894–1973 1956–1970 1958–1964 1970–1973 Eisenhower death
14 Clement Haynsworth SC 1912–1989 1957–1981 1964–1981 1981–1989 Eisenhower death
15 Herbert Boreman WV 1897–1982 1959–1971 — 1971–1982 Eisenhower death
16 Albert Vickers Bryan VA 1899–1984 1961–1972 — 1972–1984 Kennedy death
17 J. Spencer Bell NC 1906–1967 1961–1967 — — Kennedy death
18 Harrison Lee Winter MD 1921–1990 1966–1990 1981–1989 1990 L. Johnson death
19 James Braxton Craven Jr. NC 1918–1977 1966–1977 — — L. Johnson death
20 John D. Butzner Jr. VA 1917–2006 1967–1982 — 1982–2006 L. Johnson death
21 Donald S. Russell SC 1906–1998 1971–1998 — — Nixon death
22 John A. Field Jr. WV 1910–1995 1971–1976 — 1976–1995 Nixon death
23 Hiram Emory Widener Jr. VA 1923–2007 1972–2007 — 2007 Nixon death
24 Kenneth Keller Hall WV 1918–1999 1976–1998 — 1998–1999 Ford death
25 James Dickson Phillips Jr. NC 1922–2017 1978–1994 — 1994–2017 Carter death
26 Francis Murnaghan Jr. MD 1920–2000 1979–2000 — — Carter death
27 James Marshall Sprouse WV 1923–2004 1979–1992 — 1992–1995 Carter retirement
28 Samuel James Ervin III NC 1926–1999 1980–1999 1989–1996 — Carter death
29 Robert F. Chapman SC 1926–2018 1981–1991 — 1991–2018 Reagan death
31 Emory M. Sneeden NC 1927–1987 1984–1986 — — Reagan resignation
32 William Walter Wilkins SC 1942–present 1986–2007 2003–2007 2007–2008 Reagan retirement
34 Clyde H. Hamilton SC 1934–2020 1991–1999 — 1999–2020 G.H.W. Bush death
35 J. Michael Luttig VA 1954–present 1991–2006 — — G.H.W. Bush resignation
36 Karen J. Williams SC 1951–2013 1992–2009 2007–2009 2009–2013 G.H.W. Bush death
37 M. Blane Michael WV 1943–2011 1993–2011 — — Clinton death
42 Dennis Shedd SC 1953–present 2002–2018 — 2018–2022 G.W. Bush retirement
43 Allyson K. Duncan NC 1951–present 2003–2019 — 2019 G.W. Bush retirement
45 Andre M. Davis MD 1949–present 2009–2014 — 2014–2017 Obama retirement

Chief judges

Chief Judge
Parker 1948–1958
Sobeloff 1958–1964
Haynsworth 1964–1981
Winter 1981–1989
Ervin III 1989–1996
Wilkinson III 1996–2003
Wilkins 2003–2007
Williams 2007–2009
Traxler, Jr. 2009–2016
Gregory 2016–2023
Diaz 2023–present

Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless the circuit justice (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, with seniority determined first by commission date, then by age. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. If no judge qualifies to be chief, the youngest judge over the age of 65 who has served on the court for at least one year shall act as chief until another judge qualifies. If no judge has served on the court for more than a year, the most senior judge shall act as chief. Judges can forfeit or resign their chief judgeship or acting chief judgeship while retaining their active status as a circuit judge.[6]

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 or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.[7]

Succession of seats

The court has fifteen seats for active judges, numbered in the order in which they were initially filled. Judges who assume senior status enter a kind of retirement in which they remain on the bench but vacate their seats, thus allowing the U.S. President to appoint new judges to fill their seats.

Seat 1
Established on December 10, 1869 by the Judiciary Act of 1869 as a circuit judgeship for the Fourth Circuit
Reassigned on June 16, 1891 to the United States Circuit Court of Appeals for the Fourth Circuit by the Judiciary Act of 1891
Bond MD 1891–1893
Simonton SC 1893–1904
Pritchard NC 1904–1921
Waddill, Jr. VA 1921–1931
Soper MD 1932–1955
Sobeloff MD 1956–1970
Russell SC 1971–1998
Traxler, Jr. SC 1998–2018
Quattlebaum, Jr. SC 2018–present
Seat 2
Established on June 16, 1891 by the Judiciary Act of 1891
Goff, Jr. WV 1892–1913
Woods SC 1913–1925
Parker NC 1925–1958
Boreman WV 1959–1971
Field, Jr. WV 1971–1976
Hall WV 1976–1998
King WV 1998–present
Seat 3
Established on September 14, 1922 by 42 Stat. 837
Rose MD 1922–1927
Northcott WV 1927–1939
Dobie VA 1940–1956
Haynsworth SC 1957–1981
Chapman SC 1981–1991
Williams SC 1992–2009
Floyd SC 2011–2021
Benjamin SC 2023–present
Seat 4
Established on May 19, 1961 by 75 Stat. 80
Bryan VA 1961–1972
Widener, Jr. VA 1972–2007
Keenan VA 2010–2021
Heytens VA 2021–present

Seat 5
Established on May 19, 1961 by 75 Stat. 80
Bell NC 1961–1967
Butzner, Jr. VA 1967–1982
Wilkinson III VA 1984–present
Seat 6
Established on March 18, 1966 by 80 Stat. 75
Winter MD 1966–1990
Niemeyer MD 1990–present
Seat 7
Established on March 18, 1966 by 80 Stat. 75
Craven, Jr. NC 1966–1977
Phillips, Jr. NC 1978–1994
Wynn NC 2010–present
Seat 8
Established on October 20, 1978 by 92 Stat. 1629
Murnaghan, Jr. MD 1979–2000
Davis MD 2009–2014
Harris MD 2014–present

Seat 9
Established on October 20, 1978 by 92 Stat. 1629
Sprouse WV 1979–1992
Michael WV 1993–2011
Thacker WV 2012–present
Seat 10
Established on October 20, 1978 by 92 Stat. 1629
Ervin III NC 1980–1999
Duncan NC 2003–2019
Rushing NC 2019–present
Seat 11
Established on July 10, 1984 by 98 Stat. 333
Sneeden NC 1984–1986
Wilkins SC 1986–2007
Diaz NC 2010–present
Seat 12
Established on December 1, 1990 by 104 Stat. 5089
Hamilton SC 1991–1999
Shedd SC 2002–2018
Richardson SC 2018–present

Seat 13
Established on December 1, 1990 by 104 Stat. 5089
Luttig VA 1991–2006
Agee VA 2008–present
Seat 14
Established on December 1, 1990 by 104 Stat. 5089
Motz MD 1994–2022
Berner MD 2024–present
Seat 15
Established on December 1, 1990 by 104 Stat. 5089
Gregory VA 2000–present

Practice in the 4th Circuit

From 2000 to 2008, the Court had the highest rate of non-publication (92%) on the Federal Circuit.[8]

The Chief Justice is always assigned to the Fourth Circuit as the circuit justice, due to Richmond's close proximity to Washington, D.C.[b]

The Fourth Circuit is considered an extremely collegial court. By tradition, the judges of the Fourth Circuit come down from the bench following each oral argument to greet the lawyers.[9][10]

Case law

See also

Notes

  1. Recess appointment by Bill Clinton on December 27, 2000, re-nominated by George W. Bush on May 9, 2001 and confirmed by the United States Senate on July 20, 2001.
  2. Under the original Judiciary Act of 1789 and subsequent acts, the justices of the Supreme Court of the United States in Washington, D.C. had the responsibility of "riding circuit" and personally hearing both appeals and trials in the circuit courts, in addition to their caseload back in the capital. This duty was reasonable when the United States consisted of the original Thirteen Colonies along the East Coast of the United States, but became increasingly onerous and impractical with the country's rapid westward expansion during the 19th century, and was repealed by Congress with the enacting of the Judiciary Act of 1891. The U.S. Supreme Court justices still retain vestiges of the days of riding circuit; each justice is designated to hear certain interlocutory appeals from specific circuits and can unilaterally decide them or refer them to the entire court. The court's customary summer recess originated as the time during which the justices would leave Washington and ride circuit (since dirt roads were more passable in the summer).

References

  1. "U. S. Court of Appeals for the Fourth Circuit". Official website of the Federal Judicial Center.
  2. "Fourth Circuit Judges". Official website of the United States Court of Appeals for the Fourth Circuit.
  3. Bond was appointed as a circuit judge for the Fourth Circuit in 1870 by Ulysses S. Grant. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Fourth Circuit.
  4. 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 and then to the Fourth Circuit in 1916.
  5. Recess appointment, confirmed by the United States Senate at a later date.
  6. 28 U.S.C. § 45
  7. 62 Stat. 871, 72 Stat. 497, 96 Stat. 51
  8. Aaron S. Bayer (August 24, 2009), Unpublished Appellate Opinions Are Still Commonplace, The National Law Journal
  9. Roberts, John G. (2006). "What Makes the D.C. Circuit Different?: A Historical View". Virginia Law Review. 92 (3): 375–389. ISSN 0042-6601. JSTOR 4144947.
  10. Sontag, Deborah (March 9, 2003). "The Power of the Fourth". The New York Times. ISSN 0362-4331.

37°32′16″N 77°26′05″W / 37.53769°N 77.43481°W / 37.53769; -77.43481