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38-762: The Fifth Circuit has 17 active judgeships, and is headquartered at the John Minor Wisdom United States Court of Appeals Building in New Orleans, Louisiana , with the clerk's office located at the F. Edward Hebert Federal Building in New Orleans. Originally, the Fifth Circuit also included the federal district courts in Alabama , Georgia , and Florida . In 1981, the district courts for those states were transferred to

76-476: A U.S. post office and both federal district and appeals courts. In 1908, the New York architectural firm Hale and Rogers won a design competition for the building, and U.S. Treasury Department officials approved their plans in 1909. Workers broke ground later that year on the site, which encompasses the block bounded by Lafayette, Camp, Magazine, and Capdeville streets overlooking Lafayette Square. Construction of

114-552: A gray granite base. The first story is articulated with deeply incised horizontal striations while the marble on the upper stories is cut in smooth ashlar blocks. Round-arch openings dominate the first story. Dramatic colonnades with Ionic columns are on the Camp and Magazine street elevations and support a cornice inscribed with the names of past Chief Justices of the Supreme Court. Projecting corner pavilions rise slightly above

152-410: A judge be annually certified by the chief judge as having met at least one of three criteria: In addition, §371(e)(1)(e) provides that a judge not meeting any of these criteria may be certified as being in senior status by the chief judge if the criteria were not met "because of a temporary or permanent disability". The United States Code does not refer to senior status in its body text, although

190-552: A judge in the federal court system must be at least 65 years old, and have served at least 10 years, and the sum of the judge's age and years of service as a federal judge must be at least 80 years. As long as senior judges carry at least a 25 percent caseload or meet other criteria for activity, they remain entitled to maintain a staffed office and chambers, including a secretary and their normal complement of law clerks , and they continue to receive annual cost-of-living increases. The president may appoint new full-time judges to fill

228-606: A retired justice no longer participates in the work of the Supreme Court itself. That same year, Willis Van Devanter became the first Supreme Court justice to exercise the option. Since this option became available to Supreme Court justices, only ten have died while still in active service, the most recent being Ruth Bader Ginsburg on September 18, 2020. In 1954, Congress revised requirements for senior status. Federal judges or justices could still assume senior status at seventy with ten years of service, but they could also assume senior status at 65 with fifteen years of service. In 1984,

266-495: A tool; and Arts holds a flower. The figures are seated around an armillary sphere banded by the signs of the zodiac. Each sculpture is twelve feet high and weighs one ton. The renowned Piccirilli Brothers , expert marble carvers who also executed Daniel Chester French 's statue of President Abraham Lincoln in the Lincoln Memorial , created The Ladies from drawings by architect James Gamble Rogers . The emphasis of

304-639: Is a historic courthouse for the United States Court of Appeals for the Fifth Circuit located at 600 Camp Street in New Orleans , Louisiana . In 2015 it was designated a National Historic Landmark for its extensive role in adjudicating issues of the American Civil Rights Movement of the 1950s and 1960s. John Minor Wisdom , for whom it is now named, was a judge on the Fifth Circuit during that period. The John Minor Wisdom U.S. Court of Appeals Building originally housed

342-579: Is an excellent example of the Italian Renaissance Revival style of architecture. During its construction, author Russell F. Whitehead called the building "the most important public building of the New South." Regional building materials were used throughout, including Mississippi and Louisiana pine, Tennessee and Georgia marble, and Louisiana gum. The monumental three-story building is faced in white Cherokee, Georgia, marble atop

380-467: Is either the chief judge or the circuit justice of the circuit. For any other court, this supervisor is the chief judge of the court. Retired justices can be assigned to any court (except the Supreme Court) that the justice is willing to accept. Theoretically, a retired justice could also be assigned to act as circuit justice for a circuit, but this has never occurred. In 1919, Congress created

418-435: 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

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456-477: Is made, either in section 371 or in section 294 (which does address the assignment of retired justices), of senior justice . In practice, when a circuit or district judge on senior status sits on an inferior court case, the judge is referred to as "Senior Judge" in the opinion, while a retired justice is referred to as "Associate Justice" when doing so. The rules governing assignment of senior judges are laid out in 28 U.S.C. § 294. In essence, under normal conditions,

494-539: The Presidential Medal of Freedom , the nation's highest civilian honor. During Hurricane Katrina in 2005, wind and rain damaged the building, but there was no flooding. The Fifth Circuit Court of Appeals judges and staff briefly relocated to other cities and towns in the region because of damage and power outages, but returned to the building in December 2005 when the issues were resolved. The building

532-685: The US Supreme Court from the beginning of the 2020 term through the end of the 2022 term was 74%, making it the 7th most frequently reversed circuit court; the average rate of reversals was 68%. Several members of the Supreme Court, including Chief Justice John Roberts , have indicated concern with how the Fifth Circuit approaches cases. Several court observers have interpreted the court as being exceptionally conservative in its rulings. As of October 4, 2024: Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless

570-640: The United States Court of Appeals for the Eleventh Circuit , leaving a seventeen-seat court. The seats are 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. John Minor Wisdom United States Court of Appeals Building The John Minor Wisdom United States Court of Appeals Building

608-548: The 1971 to 1972 restoration effort was on the impressive public interior spaces, which were returned to their original grandeur. The first floor lobby, known as the Great Hall, is an L-shaped space with marble columns that support an elaborate bronzed castplaster vaulted ceiling. The ceiling is richly decorated with bas relief floral medallions and motifs, geometric key designs, and allegorical figures. Spherical lights are held in place by bronze pendant fixtures that descend from

646-424: The bench for ten years and six months and was 75 years old. In 1937, the option was extended to Supreme Court justices, although justices so electing are generally referred to as "retired" justices rather than having senior status. A senior justice is essentially an at-large senior judge, able to be assigned to any inferior federal court by the chief justice , but receiving the salary of a retired justice. However,

684-439: The chief judge of that court can assign a senior judge of that court to perform any duty within the circuit that the judge is willing and able to perform. In special cases, the chief justice can assign a senior judge to any court. This is referred to as an assignment by designation , and requires that a certification of necessity be issued by the appropriate supervisor of the court. For a circuit or district court, this supervisor

722-417: The chief judge or judicial council of a circuit may assign a senior judge belonging to that circuit to perform any duty within the circuit that the judge is willing and able to perform. A senior district judge can be assigned to an appellate case, and a circuit judge can be assigned to preside over a trial. For courts that do not fall within a circuit, such as the United States Court of International Trade ,

760-478: 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

798-600: The city and slightly damaging the John Minor Wisdom Courthouse. All deadlines concerning filings were extended. The court temporarily relocated its administrative operations to Houston, and returned to normal operations in New Orleans in March 2007. During his administration, President Donald Trump appointed six judges to the court, with many observers thereafter regarding it as the most conservative court of appeals . The Fifth Circuit's reversal rate at

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836-662: 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. 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. The court has had 29 seats for active judges. Twelve of these seats were reassigned to

874-504: The elaborate building took many years; the date 1912 is incised on the frieze on the Lafayette Street side, but the interior was not finished until 1915, and employees were only able to move into their offices the next year. The post office occupied the entire first floor, while the federal district court and court of appeals were on the second. Executive branch agencies were on the third level. In 1961, needing additional space,

912-546: The most seniority in a given court. After 1948, the most senior judge was given the title "chief judge". In 1958, the term "senior judge" was given its current meaning of a judge who had assumed senior status. In a 2007 article in the Cornell Law Review , David Stras and Ryan Scott suggested that senior status may be unconstitutional . In the United Kingdom, retired justices of the Supreme Court of

950-415: The most striking exterior features of the building are the groupings of four colossal statues placed at each of the building's corners. These identical copper and bronze sculptures are called History, Agriculture, Industry, and Arts, but are popularly known as The Ladies . Each figure holds an item associated with the concept it represents. History wears a bonnet; Agriculture holds a cornucopia; Industry holds

988-609: The newly created U.S. Court of Appeals for the Eleventh Circuit . This court was created by the Evarts Act on June 16, 1891, which moved the circuit judges and appellate jurisdiction from the Circuit Courts of the Fifth Circuit to this court. At the time of its creation, the Fifth Circuit covered Florida , Georgia , Alabama , Mississippi , Louisiana , and Texas . On June 25, 1948, the Panama Canal Zone

1026-498: The post office moved to a new facility. Two years later, the courts also vacated. The building was unoccupied until 1965, when it served as a public high school for three years after Hurricane Betsy destroyed McDonough 35 High School. Between 1971 and 1972, the federal building underwent an extensive restoration. Upon completion, the Fifth Circuit Court of Appeals returned to the building as its only tenant. The building

1064-413: The requirements were further revised to what is often called the "Rule of 80": once a judge or justice reached age 65, if the sum of years of age and years of service on the federal bench is eighty or more, the judge is entitled to senior status. The "senior status" option was referred to as "retired judge" in 1919, when it was created. The title of "senior judge" was used to refer to the active judge with

1102-424: The roofline; each pavilion contains an ornate arched opening flanked by marble columns, both freestanding and attached, that are striated to match the pattern on the street level. The columns support entablatures that include classical balustrades. Windows with ornately carved hoods featuring split pediments and eagle-and-shield motifs are directly above the arched openings. Ionic order pilasters separate windows on

1140-442: The senior status option for inferior court judges. Before that, a judge who reached the age of seventy with at least ten years of service as a federal judge was allowed to retire and receive a pension for the rest of their life; afterward, a judge who qualified for retirement could assume senior status. John Wesley Warrington became the first federal judge to exercise this option on October 6, 1919. At that time, Warrington had been on

1178-563: The spaces. The central courtroom is perhaps the most impressive. Called the En Banc courtroom, it was designed to seat all of the active judges on the Court of Appeals simultaneously so that they can hear important cases together. The plaster ceiling features medallions and other symbols and has been finished with a bronze glaze. Senior status Senior status is a form of semi- retirement for United States federal judges . To qualify,

United States Court of Appeals for the Fifth Circuit - Misplaced Pages Continue

1216-422: The title of 28 U.S.C. § 371 is "Retirement on salary; retirement in senior status." The term senior judge is explicitly defined by 28 U.S.C.   § 294 to mean an inferior court judge who is in senior status. A justice of the Supreme Court who (after meeting the age and length of service requirements prescribed in 28 U.S.C. § 371) retires is thereafter referred to as a "retired justice". No mention

1254-532: The upper stories of the pavilions. A balustrade runs between each of the pavilions at the roofline, topping the recessed portion of each elevation. Other exterior elements typical to the Italian Renaissance Revival style of architecture include classical features such as pediments, triglyphs, and dentils, which are interspersed with foliated and floral designs. A unique detail is the arch keystones that have carved fish-scale patterns. Perhaps

1292-593: The vacancies in full-time judgeships caused by senior status. Some U.S. states have similar systems for senior judges. State courts with a similar system include Iowa (for judges on the Iowa Court of Appeals ), Pennsylvania , and Virginia (for justices of the Virginia Supreme Court ). Senior status at the federal level is defined by statute: 28 U.S.C.   § 371 . To qualify for senior status, §   371(e)(1) requires that

1330-425: The vaulted ceiling. The court's law library occupies the original postal work area on the first floor. Three courtrooms, each with an entry lobby with marble wainscot walls, are located on the second floor. The courtrooms are paneled in polished gum wood and bronze chandeliers hang from the ceiling. Distinctive wall sconces that feature large white globes supported by either cast-bronze eagles or snakes illuminate

1368-614: Was added to the Fifth Circuit by 62 Stat. 870. The Fifth Circuit gained appellate jurisdiction over the United States District Court for the Canal Zone . On October 1, 1981, under Pub. L.   96–452 , the Fifth Circuit was split: Alabama, Georgia, and Florida were moved to the new Eleventh Circuit . On March 31, 1982, the Fifth Circuit lost jurisdiction over the Panama Canal Zone, which

1406-535: Was listed in the National Register of Historic Places in 1974 and has since been featured in several films and television shows. In 1994, the building was renamed to honor John Minor Wisdom , a respected judge who served on the Fifth Circuit Court of Appeals from 1957 until his death in 1999. Wisdom strongly promoted civil rights and issued landmark decisions that supported school desegregation and voter rights. In 1993, President Bill Clinton awarded him

1444-576: Was transferred to Panamanian control. Starting in the late 1950s, judges Elbert Parr Tuttle (chief judge 1960–67), John Minor Wisdom , John R. Brown (chief judge 1967–79), and Richard T. Rives (chief judge 1959–60) became known as the " Fifth Circuit Four ", or simply "The Four", for decisions crucial in advancing the civil rights of African Americans . In this, they were usually opposed by their fellow Fifth Circuit Judge, Benjamin F. Cameron of Mississippi, until his death in 1964. Hurricane Katrina struck New Orleans on August 29, 2005, devastating

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