United States Court of Appeals for the Ninth Circuit

United States Court of Appeals for the Ninth Circuit (9th Cir.)

Location	Headquarters: James R. Browning U.S. Court of Appeals Building, San Francisco, California Other Locations: William K. Nakamura Courthouse, Seattle, Washington Pioneer Courthouse, Portland, Oregon Richard H. Chambers U.S. Court of Appeals-Pasadena, California
Appeals from	District of Alaska District of Arizona Central District of California Eastern District of California Northern District of California Southern District of California District of Hawaii District of Idaho District of Montana District of Nevada District of Oregon Eastern District of Washington Western District of Washington District of Guam District of the Northern Mariana Islands
Established	December 10, 1869
Chief judge	Sidney Runyan Thomas
Active judges	29
Senior judges	16
Circuit justice	Anthony Kennedy
Official website

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. Panels of the court occasionally travel to hear cases in other locations within the circuit. 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

Year	Jurisdiction	Total population	Pop. as % of nat'l pop.	Number of active judgeships
1891	California, Idaho, Montana, Nevada, Oregon, Washington	2,087,000	3.3%	2
1900	Territory of Hawaii added	2,798,000	3.7%	3
1920	Arizona added	7,415,000	6.7%	3
1940		11,881,000	9.0%	7
1960	Alaska and Guam added	22,607,000	12.6%	9
1980	Northern Mariana Islands added	37,170,000	16.4%	23
2000		54,575,000	19.3%	28
2007		60,400,000	19.9%	28
2009		61,403,307	19.72%	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 the U.S. Congress created the United States Court of Appeals for the Ninth Circuit in 1891. 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 admission to the Union in 1912, the Territory of Alaska in 1948, Guam in 1951, and the Commonwealth of the Northern Mariana Islands in 1977.

The Ninth Circuit also had jurisdiction over certain American interests in China, in that it had jurisdiction over appeals from the United States Court for China during the existence of that court from 1906 through 1943.^[1]^{[fn 1]}

However, the Philippines were never under the Ninth Circuit's jurisdiction. Congress never created a federal district court in the Philippines from which the Ninth Circuit could hear appeals. Instead, appeals from the Supreme Court of the Philippines were taken 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 the 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, Montana, and Nevada.

Judge Andrew J. Kleinfeld, who maintains his judicial chambers in Fairbanks, Alaska, wrote in a letter in 1998: "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]

Controversy

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]

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.^[6]^[7]

However, through 2008, the Ninth Circuit Court's rulings reviewed by the Supreme Court were affirmed only 20% of the time and reversed and or vacated 80% of the time; a rate substantially higher than the median reversal rate of 68.29% for the same period.^[8]

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

Size of the court

Critics of the Ninth Circuit claim there are several adverse consequences of its large size.^[9] 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 29 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. That 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 provide for full en banc review in limited circumstances.^[10]

All recently 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 using limited en banc courts.^[11]

In March 2007, Associate 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 such as 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 December 11, 2015, the judges on the court are:

#	Title	Judge	Duty station	Born	Term of service			Appointed by
#	Title	Judge	Duty station	Born	Active	Chief	Senior	Appointed by
74	Chief Judge	Sidney Runyan Thomas	Billings, MT	1953	1996–present	2014–present	—	Clinton
57	Circuit Judge	Stephen Reinhardt	Los Angeles, CA	1931	1980–present	—	—	Carter
62	Circuit Judge	Alex Kozinski	Pasadena, CA	1950	1985–present	2007–2014	—	Reagan
65	Circuit Judge	Diarmuid Fionntain O'Scannlain	Portland, OR	1937	1986–present	—	—	Reagan
75	Circuit Judge	Barry G. Silverman	Phoenix, AZ	1951	1998–present	—	—	Clinton
76	Circuit Judge	Susan P. Graber	Portland, OR	1949	1998–present	—	—	Clinton
77	Circuit Judge	M. Margaret McKeown	San Diego, CA	1951	1998–present	—	—	Clinton
78	Circuit Judge	Kim McLane Wardlaw	Pasadena, CA	1954	1998–present	—	—	Clinton
79	Circuit Judge	William A. Fletcher	San Francisco, CA	1945	1998–present	—	—	Clinton
81	Circuit Judge	Ronald M. Gould	Seattle, WA	1946	1999–present	—	—	Clinton
82	Circuit Judge	Richard A. Paez	Pasadena, CA	1947	2000–present	—	—	Clinton
83	Circuit Judge	Marsha S. Berzon	San Francisco, CA	1945	2000–present	—	—	Clinton
84	Circuit Judge	Richard C. Tallman	Seattle, WA	1953	2000–present	—	—	Clinton
85	Circuit Judge	Johnnie B. Rawlinson	Las Vegas, NV	1952	2000–present	—	—	Clinton
86	Circuit Judge	Richard R. Clifton	Honolulu, HI	1950	2002–present	—	—	G.W. Bush
87	Circuit Judge	Jay Bybee	Las Vegas, NV	1953	2003–present	—	—	G.W. Bush
88	Circuit Judge	Consuelo Maria Callahan	Sacramento, CA	1950	2003–present	—	—	G.W. Bush
89	Circuit Judge	Carlos T. Bea	San Francisco, CA	1934	2003–present	—	—	G.W. Bush
90	Circuit Judge	Milan D. Smith, Jr.	El Segundo, CA	1942	2006–present	—	—	G.W. Bush
91	Circuit Judge	Sandra Segal Ikuta	Pasadena, CA	1954	2006–present	—	—	G.W. Bush
92	Circuit Judge	N. Randy Smith	Pocatello, ID	1949	2007–present	—	—	G.W. Bush
93	Circuit Judge	Mary H. Murguia	Phoenix, AZ	1960	2011–present	—	—	Obama
94	Circuit Judge	Morgan Christen	Anchorage, AK	1961	2012–present	—	—	Obama
95	Circuit Judge	Jacqueline Nguyen	Pasadena, CA	1965	2012–present	—	—	Obama
96	Circuit Judge	Paul J. Watford	Pasadena, CA	1967	2012–present	—	—	Obama
97	Circuit Judge	Andrew D. Hurwitz	Phoenix, AZ	1947	2012–present	—	—	Obama
98	Circuit Judge	John B. Owens	San Diego, CA	1971	2014–present	—	—	Obama
99	Circuit Judge	Michelle T. Friedland	San Francisco, CA	1972	2014–present	—	—	Obama
100	Circuit Judge	vacant	—	—	—	—	—	—
38	Senior Circuit Judge	Alfred Theodore Goodwin	Pasadena, CA	1923	1971–1991	1988–1991	1991–present	Nixon
39	Senior Circuit Judge	J. Clifford Wallace	San Diego, CA	1928	1972–1996	1991–1996	1996–present	Nixon
43	Senior Circuit Judge	Procter Ralph Hug, Jr.	Reno, NV	1931	1977–2002	1996–2000	2002–present	Carter
46	Senior Circuit Judge	Mary M. Schroeder	Phoenix, AZ	1940	1979–2012	2000–2007	2012–present	Carter
48	Senior Circuit Judge	Joseph Jerome Farris	Seattle, WA	1930	1979–1995	—	1995–present	Carter
50	Senior Circuit Judge	Harry Pregerson	Woodland Hills, CA	1923	1979–2015	—	2015–present	Carter
53	Senior Circuit Judge	Dorothy Wright Nelson	Pasadena, CA	1928	1979–1995	—	1995–present	Carter
54	Senior Circuit Judge	William Cameron Canby, Jr.	Phoenix, AZ	1931	1980–1996	—	1996–present	Carter
63	Senior Circuit Judge	John T. Noonan, Jr.	San Francisco, CA	1926	1985–1996	—	1996–present	Reagan
66	Senior Circuit Judge	Edward Leavy	Portland, OR	1929	1987–1997	—	1997–present	Reagan
67	Senior Circuit Judge	Stephen S. Trott	Boise, ID	1939	1988–2004	—	2005–present	Reagan
68	Senior Circuit Judge	Ferdinand Francis Fernandez	Pasadena, CA	1937	1989–2002	—	2002–present	G.H.W. Bush
71	Senior Circuit Judge	Andrew Jay Kleinfeld	Fairbanks, AK	1945	1991–2010	—	2010–present	G.H.W. Bush
72	Senior Circuit Judge	Michael Daly Hawkins	Phoenix, AZ	1945	1994–2010	—	2010–present	Clinton
73	Senior Circuit Judge	A. Wallace Tashima	Pasadena, CA	1934	1996–2004	—	2004–present	Clinton
80	Senior Circuit Judge	Raymond C. Fisher	Pasadena, CA	1939	1999–2013	—	2013–present	Clinton

Vacancies and pending nominations

Seat	Seat last held by	Vacancy reason	Date of vacancy	Nominee	Date of nomination
19	Harry Pregerson	Senior Status	December 11, 2015	Lucy H. Koh^[17]	000000002016-02-25-0000February 25, 2016
13	Barry Silverman	Senior Status	October 11, 2016	0 !–	0 !–
24	Richard R. Clifton	Senior Status	December 31, 2016^[18]	0 !–	0 !–

List of former judges

#	Judge	State	Born/Died	Active service	Chief Judge	Senior status	Appointed by	Reason for termination
1	Sawyer, LorenzoLorenzo Sawyer	California	1820–1891	1891–1891	—	—	Grant, Grant^[19]	death
2	McKenna, JosephJoseph McKenna	California	1843–1926	1892–1897	—	—	Harrison, B.B. Harrison	resignation to become U.S. Attorney General
3	Gilbert, William BallWilliam Ball Gilbert	Oregon	1847–1931	1892–1931	—	—	Harrison, B.B. Harrison	death
4	Ross, Erskine MayoErskine Mayo Ross	California	1845–1928	1895–1925	—	1925–1928	Cleveland, Cleveland	death
5	Morrow, William W.William W. Morrow	California	1843–1929	1897–1923	—	—	McKinley, McKinley	resignation
—	Hunt, William HenryWilliam Henry Hunt	Montana	1857–1949	1911–1928	—	1928–1928	^[20]	resignation
6	Rudkin, Frank H.Frank H. Rudkin	Washington	1864–1931	1923–1931	—	—	Harding, Harding	death
7	McCamant, WallaceWallace McCamant	Oregon	1867–1944	1925^[21]–1926	—	—	Coolidge, Coolidge	recess appointment not confirmed by the United States Senate
8	Dietrich, Frank SigelFrank Sigel Dietrich	Idaho	1863–1930	1927–1930	—	—	Coolidge, Coolidge	death
9	Wilbur, Curtis D.Curtis D. Wilbur	California	1867–1954	1929–1945	—	1945–1954	Hoover, Hoover^[22]	death
10	Sawtelle, William HenryWilliam Henry Sawtelle	Arizona	1868–1934	1931–1934	—	—	Hoover, Hoover	death
11	Garrecht, Francis ArthurFrancis Arthur Garrecht	Washington	1870–1948	1933–1948	—	—	Roosevelt, F.F. Roosevelt	death
12	Denman, WilliamWilliam Denman	California	1872–1959	1935–1957	1948–1957	1957–1959	Roosevelt, F.F. Roosevelt	death
13	Mathews, CliftonClifton Mathews	Arizona	1880–1962	1935–1953	—	1953–1962	Roosevelt, F.F. Roosevelt	death
14	Haney, Bert EmoryBert Emory Haney	Oregon	1879–1943	1935–1943	—	—	Roosevelt, F.F. Roosevelt	death
15	Stephens, Sr., Albert LeeAlbert Lee Stephens, Sr.	California	1874–1965	1937–1961	1957–1959	1961–1965	Roosevelt, F.F. Roosevelt	death
16	Healy, WilliamWilliam Healy	Idaho	1881–1962	1937–1958	—	1958–1962	Roosevelt, F.F. Roosevelt	death
17	Bone, HomerHomer Bone	Washington	1883–1970	1944–1956	—	1956–1970	Roosevelt, F.F. Roosevelt	death
18	Orr, William EdwinWilliam Edwin Orr	Nevada	1881–1965	1945–1956	—	1956–1965	Truman, Truman	death
19	Pope, Walter LyndonWalter Lyndon Pope	Montana	1889–1969	1949–1961	1959–1959	1961–1969	Truman, Truman	death
20	Lemmon, Dal MillingtonDal Millington Lemmon	California	1887–1958	1954–1958	—	—	Eisenhower, Eisenhower	death
21	Chambers, Richard HarveyRichard Harvey Chambers	Arizona	1906–1994	1954–1976	1959–1976	1976–1994	Eisenhower, Eisenhower	death
22	Fee, James AlgerJames Alger Fee	Oregon	1888–1959	1954–1959	—	—	Eisenhower, Eisenhower	death
23	Barnes, Stanley NelsonStanley Nelson Barnes	California	1900–1990	1956–1970	—	1970–1990	Eisenhower, Eisenhower	death
24	Hamley, Frederick GeorgeFrederick George Hamley	Washington	1903–1975	1956–1971	—	1971–1975	Eisenhower, Eisenhower	death
25	Hamlin, Jr., Oliver DevetaOliver Deveta Hamlin, Jr.	California	1892–1973	1958–1963	—	1963–1973	Eisenhower, Eisenhower	death
26	Jertberg, Gilbert H.Gilbert H. Jertberg	California	1897–1973	1958–1967	—	1967–1973	Eisenhower, Eisenhower	death
27	Merrill, Charles MertonCharles Merton Merrill	Nevada	1907–1996	1959–1974	—	1974–1996	Eisenhower, Eisenhower	death
28	Koelsch, Montgomery OliverMontgomery Oliver Koelsch	Idaho	1912–1992	1959–1976	—	1976–1992	Eisenhower, Eisenhower	death
29	Browning, James R.James R. Browning	California	1918–2012	1961–2000	1976–1988	2000–2012	Kennedy	death
30	Duniway, Benjamin CushingBenjamin Cushing Duniway	California	1907–1986	1961–1976	—	1976–1986	Kennedy, Kennedy	death
31	Ely, Jr., Walter RaleighWalter Raleigh Ely, Jr.	California	1913–1984	1964–1979	—	1979–1984	Johnson, L.L. Johnson	death
32	Carter, James MarshallJames Marshall Carter	California	1904–1979	1967–1971	—	1971–1979	Johnson, L.L. Johnson	death
33	Hufstedler, ShirleyShirley Hufstedler	California	1925–2016	1968–1979	—	—	Johnson, L.L. Johnson	resignation to become U.S. Secretary of Education
34	Wright, Eugene AllenEugene Allen Wright	Washington	1913–2002	1969–1983	—	1983–2002	Nixon, Nixon	death
35	Kilkenny, John FrancisJohn Francis Kilkenny	Oregon	1901–1995	1969–1971	—	1971–1995	Nixon, Nixon	death
36	Trask, Ozell MillerOzell Miller Trask	Arizona	1909–1984	1971–1984	—	—	Nixon, Nixon	death
37	Choy, HerbertHerbert Choy	Hawaii	1916–2004	1971–1984	—	1984–2004	Nixon, Nixon	death
40	Sneed III, Joseph TyreeJoseph Tyree Sneed III	California	1920–2008	1973–1987	—	1987–2008	Nixon, Nixon	death
41	Kennedy, AnthonyAnthony Kennedy	California	1936–present	1975–1988	—	—	Ford, Ford	elevation to U.S. Supreme Court
42	Anderson, J. BlaineJ. Blaine Anderson	Idaho	1922–1988	1976–1988	—	—	Ford, Ford	death
44	Tang, ThomasThomas Tang	Arizona	1922–1995	1977–1993	—	1993–1995	Carter, Carter	death
45	Betty Binns Fletcher	Washington	1923–2012	1979–1998	—	1998–2012	Carter	death
47	Otto Richard Skopil, Jr.	Oregon	1919–2012	1979–1986	—	1986–2012	Carter	death
49	Arthur Lawrence Alarcon	California	1925–2015	1979–1992	—	1992–2015	Carter, Carter	death
51	Warren John Ferguson	California	1920–2008	1979–1986	—	1986–2008	Carter, Carter	death
52	Poole, Cecil F.Cecil F. Poole	California	1914–1997	1979–1996	—	1996–1997	Carter, Carter	death
55	Boochever, RobertRobert Boochever	California	1917–2011	1980–1986	—	1986–2011	Carter	death
56	Norris, William AlbertWilliam Albert Norris	California	1927–present	1980–1994	—	1994–1997	Carter, Carter	retirement
58	Beezer, Robert R.Robert R. Beezer	Washington	1928–2012	1984-1996	—	1996–2012	Reagan	death
59	Cynthia Holcomb Hall	California	1929–2011	1984–1997	—	1997–2011	Reagan	death
60	Wiggins, Charles EdwardCharles Edward Wiggins	California	1927–2000	1984–1996	—	1996–2000	Reagan, Reagan	death
61	Brunetti, Melvin T.Melvin T. Brunetti	Nevada	1933–2009	1985–1999	—	1999–2009	Reagan, Reagan	death
64	Thompson, David R.David R. Thompson	California	1930–2011	1985–1998	—	1998–2011	Reagan	death
69	Rymer, Pamela AnnPamela Ann Rymer	California	1941–2011	1989–2011	—	—	G.H.W. Bush	death
70	Nelson, Thomas G.Thomas G. Nelson	Idaho	1936–2011	1990–2003	—	2003–2011	G.H.W. Bush	death

Chief judges

Chief Judge
Denman	1948–1957
Stephens	1957–1959
Pope	1959–1959
Chambers	1959–1976
Browning	1976–1988
Goodwin	1988–1991
Wallace	1991–1996
Hug	1996–2000
Schroeder	2000–2007
Kozinski	2007–2014
Thomas	2014–present

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
Sawyer	CA	1891–1891
McKenna	CA	1892–1897
Morrow	CA	1897–1923
Rudkin	WA	1923–1931
Garrecht	WA	1933–1948
Pope	MT	1949–1961
Browning	MT	1961–2000
Ikuta	CA	2006–present

Seat 2
Established on June 16, 1891 by the Judiciary Act of 1891
Gilbert	OR	1892–1931
Denman	CA	1935–1957
Hamlin	CA	1958–1963
Ely	CA	1964–1979
Norris	CA	1980–1994
W. Fletcher	CA	1998–present

Seat 3
Established on February 18, 1895 by 28 Stat. 665
Ross	CA	1895–1925
McCamant	OR	1925–1926
Dietrich	ID	1927–1930
Sawtelle	AZ	1931–1934
Mathews	AZ	1935–1953
Fee	OR	1954–1959
Koelsch	ID	1959–1976
Anderson	ID	1976–1988
T. Nelson	ID	1990–2003
N.R. Smith	ID	2007–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
Wilbur	CA	1929–1945
Orr	NV	1945–1956
Barnes	CA	1956–1970
Choy	HI	1971–1984
Brunetti	NV	1985–1999
Rawlinson	NV	2000–present

Seat 5
Established on August 2, 1935 by 49 Stat. 508
Haney	OR	1935–1943
Bone	WA	1944–1956
Hamley	WA	1956–1971
Sneed	CA	1973–1987
Trott	ID	1988–2004
Owens	CA	2014–present

Seat 6
Established on April 14, 1937 by 50 Stat. 64
Stephens	CA	1937–1961
Duniway	CA	1961–1976
Hug	NV	1977–2002
Bybee	NV	2003–present

Seat 7
Established on April 14, 1937 by 50 Stat. 64
Healy	ID	1937–1958
Merrill	NV	1959–1974
Kennedy	CA	1975–1988
Rymer	CA	1989–2011
Watford	CA	2012–present

Seat 8
Established on February 10, 1954 by 68 Stat. 871
Lemmon	CA	1954–1958
Jertberg	CA	1958–1967
Carter	CA	1967–1971
Wallace	CA	1972–1996
Wardlaw	CA	1998–present

Seat 9
Established on February 10, 1954 by 68 Stat. 871
Chambers	AZ	1954–1976
Tang	AZ	1977–1993
Hawkins	AZ	1994–2010
Murguia	AZ	2011–present

Seat 10
Established on June 18, 1968 by 82 Stat. 184
Hufstedler	CA	1968–1979
Boochever	AK	1980–1986
O'Scannlain	OR	1986–present

Seat 11
Established on June 18, 1968 by 82 Stat. 184
Wright	WA	1969–1983
Beezer	WA	1984–1996
Gould	WA	1999–present

Seat 12
Established on June 18, 1968 by 82 Stat. 184
Kilkenny	OR	1969–1971
Goodwin	OR	1971–1991
Kleinfeld	AK	1991–2010
Christen	AK	2011–present

Seat 13
Established on June 18, 1968 by 82 Stat. 184
Trask	AZ	1969–1979
Canby	AZ	1980–1996
Silverman	AZ	1998–present

Seat 14
Established on October 20, 1978 by 92 Stat. 1629
B. Fletcher	WA	1979–1998
Tallman	WA	2000–present

Seat 15
Established on October 20, 1978 by 92 Stat. 1629
Schroeder	AZ	1979–2012
Hurwitz	AZ	2012–present

Seat 16
Established on October 20, 1978 by 92 Stat. 1629
Skopil	OR	1979–1986
Leavy	OR	1987–1997
Graber	OR	1998–present

Seat 17
Established on October 20, 1978 by 92 Stat. 1629
Farris	WA	1979–1995
McKeown	WA	1998–present

Seat 18
Established on October 20, 1978 by 92 Stat. 1629
Alarcon	CA	1979–1992
Tashima	CA	1996–2004
M.D. Smith	CA	2006–present

Seat 19
Established on October 20, 1978 by 92 Stat. 1629
Pregerson	CA	1979–2015
vacant	CA	2015–present

Seat 20
Established on October 20, 1978 by 92 Stat. 1629
Ferguson	CA	1979–1986
Fernandez	CA	1989–2002
Callahan	CA	2003–present

Seat 21
Established on October 20, 1978 by 92 Stat. 1629
Poole	CA	1979–1996
Paez	CA	2000–present

Seat 22
Established on October 20, 1978 by 92 Stat. 1629
D. Nelson	CA	1979–1995
Thomas	MT	1996–present

Seat 23
Established on October 20, 1978 by 92 Stat. 1629
Reinhardt	CA	1980–present

Seat 24
Established on July 10, 1984 by 98 Stat. 333
Hall	CA	1984–1997
Clifton	HI	2002–present

Seat 25
Established on July 10, 1984 by 98 Stat. 333
Wiggins	NV	1984–1996
Bea	CA	2003–present

Seat 26
Established on July 10, 1984 by 98 Stat. 333
Kozinski	CA	1985–present

Seat 27
Established on July 10, 1984 by 98 Stat. 333
Noonan	CA	1985–1996
Berzon	CA	2000–present

Seat 28
Established on July 10, 1984 by 98 Stat. 333
Thompson	CA	1985–1998
Fisher	CA	1999–2013
Friedland	CA	2014–present

Seat 29
Established by Court Security Improvement Act of 2007;^[23] Effective Jan 21, 2009
Nguyen	CA	2012–present

Notes

↑ The population of China is not included in the above chart for 1920 or 1940, since the Court for China lacked plenary jurisdiction over China's domestic population, then numbering about 430 million people; the court exercised only extraterritorial jurisdiction over the relatively small number of American citizens in China.

References

↑ 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.
↑ Kepner v. United States, 195 U.S. 100 (1904).
↑ White v. Samsung Elec. Am., Inc., 989 F.2d 1512, 1521 (9th Cir. 1993) (Kozinski, J., dissenting).
↑ Kleinfeld, Andrew J. (1998-05-22). Memo to the Commission on Structural Alternatives for the Federal Courts of Appeals. URL Retrieved June 21, 2005.
↑ Bagley, Constance E.; Savage, Diane (2009). Managers and the Legal Environment: Strategies for the 21st Century. Cengage Learning. p. 64. ISBN 9780324582048. Retrieved August 4, 2012.
↑ 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 percent of the Ninth Circuit's cases).
↑ Carol J. Williams (July 18, 2011). "U.S. Supreme Court again rejects most decisions by the U.S. 9th Circuit Court of Appeals". Los Angeles Times. Retrieved August 4, 2012.
↑ Landslide, Volume 2, Number 3, January/February 2010 by the American Bar Association.
↑ O'Scannlain, Diarmuid (October 2005). "Ten Reasons Why the Ninth Circuit Should Be Split" (PDF). Engage 6 (2): 58–64. Archived from the original (PDF) on May 10, 2006. Retrieved May 29, 2006.
↑ "Statement of Circuit Judge Alex Kozinski to the House Judiciary Subcommittee on Courts". U.S. House of Representatives. October 21, 2003. Retrieved February 6, 2012.
↑ 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. Retrieved June 6, 2006.
↑ "America and the Courts," 48:28. C-SPAN, March 17, 2007.
↑ Eric J. Gribbin, 47 Duke L.J. 351, law.duke.edu
↑ Final Report, Commission on Structural Alternatives for the Federal Courts of Appeals, Dec. 18, 1998
↑ Testimony of Circuit Judge Richard Tallman: U.S. Court of Appeals for the Ninth Circuit, 26 October 2005. United States Senate: Committee on the Judiciary. Retrieved November 19, 2007.
↑ 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)
↑ Mintz, Hoeward (February 25, 2016). "San Jose Judge Lucy Koh nominated to federal appeals court". San Jose Mercury News. Retrieved February 25, 2016.
↑ "Ninth Circuit Judge Richard R. Clifton Announces Intention to Take Senior Status" (PDF). Public Information Office. Retrieved January 4, 2016.
↑ 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.
↑ 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.
↑ Recess appointment.
↑ 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.
↑ Court Security Improvement Act of 2007, Pub. L. 110-177 § 509(a)(2), 121 Stat. 2534, 2543, January 7, 2008

External links

Wikisource has original works on the topic: United States Court of Appeals for the Ninth Circuit

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Disposition of Supreme Court decisions on certiorari or appeal from state and territory supreme courts, and from federal courts of appeals, 1950-2006

Current judges of the United States courts of appeals

1st Circuit

Active	Howard Torruella Lynch Thompson Kayatta Barron

Senior	Campbell Selya Cyr Boudin Stahl Lipez

2nd Circuit

Active	Katzmann Jacobs Cabranes Pooler Raggi Wesley Hall Livingston Lynch Chin Lohier Carney Droney

Senior	Newman Kearse Cardamone Winter Walker Leval Calabresi Straub Sack Parker

3rd Circuit

Active	McKee Ambro Fuentes Smith Fisher Chagares Jordan Hardiman Greenaway Vanaskie Shwartz Krause Restrepo 1 seat vacant

Senior	Garth Sloviter Stapleton Greenberg Scirica Cowen Nygaard Roth Rendell Barry Van Antwerpen

4th Circuit

Active	Traxler Wilkinson Niemeyer Motz King Gregory Shedd Duncan Agee Keenan Wynn Diaz Floyd Thacker Harris

Senior	Phillips Chapman Hamilton Davis

5th Circuit

Active	Stewart Jolly Davis Jones Smith Dennis Clement Prado Owen Elrod Southwick Haynes Graves Higginson Costa 2 seats vacant

Senior	King Reavley Higginbotham Barksdale Wiener Benavides

6th Circuit

Active	Cole Boggs Batchelder Moore Clay Gibbons Rogers Sutton Cook McKeague Griffin Kethledge White Stranch Donald 1 seat vacant

Senior	Keith Merritt Wellford Milburn Guy Ryan Norris Suhrheinrich Siler Daughtrey Gilman

7th Circuit

Active	Wood Posner Flaum Easterbrook Kanne Rovner Williams Sykes Hamilton 2 seats vacant

Senior	Bauer Ripple Manion

8th Circuit

Active	Riley Wollman Loken Murphy Smith Colloton Gruender Benton Shepherd Kelly 1 seat vacant

Senior	Bright Bowman Beam Hansen Arnold Bye Melloy

9th Circuit

Active	Thomas Reinhardt Kozinski O'Scannlain Silverman Graber McKeown Wardlaw Fletcher Gould Paez Berzon Tallman Rawlinson Clifton Bybee Callahan Bea M Smith Ikuta N Smith Murguia Christen Nguyen Watford Hurwitz Owens Friedland 1 vacant seat

Senior	Goodwin Wallace Hug Schroeder Farris Pregerson Nelson Canby Noonan Leavy Trott Fernandez Kleinfeld Hawkins Tashima Fisher

10th Circuit

Active	Tymkovich Kelly Briscoe Lucero Hartz Gorsuch Holmes Matheson Bacharach Phillips McHugh Moritz

Senior	McKay Seymour Porfilio Anderson Baldock Brorby Ebel Murphy O'Brien

11th Circuit

Active	E Carnes Tjoflat Hull Marcus Wilson W Pryor Martin Jordan Rosenbaum J Carnes J Pryor 1 seat vacant

Senior	Hill Fay Kravitch Anderson Edmondson Cox Dubina Black

DC Circuit

Active	Garland Henderson Rogers Tatel Brown Griffith Kavanaugh Srinivasan Millett Pillard Wilkins

Senior	Edwards Silberman Williams Ginsburg Sentelle Randolph

Federal Circuit

Active	Prost Newman Lourie Dyk Moore O'Malley Reyna Wallach Taranto Chen Hughes Stoll

Senior	Mayer Plager Clevenger Schall Bryson Linn

Current senior judges of the United States courts of appeals

1st Circuit	Campbell Selya Cyr Boudin Stahl Lipez

2nd Circuit	Newman Kearse Winter Walker Leval Calabresi Straub Sack Parker

3rd Circuit	Garth Sloviter Stapleton Greenberg Scirica Cowen Nygaard Roth Rendell Barry Van Antwerpen

4th Circuit	Phillips Chapman Hamilton Davis

5th Circuit	King Reavley Higginbotham Barksdale Wiener Benavides

6th Circuit	Keith Merritt Wellford Guy Ryan Norris Suhrheinrich Siler Daughtrey Gilman

7th Circuit	Bauer Ripple Manion

8th Circuit	Bright Bowman Beam Hansen Arnold Bye Melloy

9th Circuit	Goodwin Wallace Hug Schroeder Farris Pregerson Nelson Canby Noonan Leavy Trott Fernandez Kleinfeld Hawkins Tashima Fisher

10th Circuit	McKay Seymour Porfilio Anderson Baldock Brorby Ebel Murphy O'Brien

11th Circuit	Hill Fay Kravitch Anderson Edmondson Cox Dubina Black

DC Circuit	Edwards Silberman Williams Ginsburg Sentelle Randolph

Federal Circuit	Mayer Plager Clevenger Schall Bryson Linn

Current active district judges of the Ninth Circuit Court of Appeals

Alaska	Burgess Gleason 1 seat vacant

Arizona	Collins Bolton Jorgenson Campbell Wake Snow Zipps Logan Tuchi Humetewa Márquez Rayes Soto

C. California	King Real Wilson Snyder Carter Phillips Anderson Walter Klausner Otero Selna Carney Fischer Guilford Gutierrez Wright Wu Gee Staton Kronstadt Fitzgerald Bernal Olguin O'Connell Birotte 2 seats vacant

E. California	England O'Neill Mendez Mueller Nunley Drozd

N. California	Hamilton Alsup White Seeborg Koh Davila Chen Rogers Tigar Orrick Donato Freeman Chhabria Gilliam

S. California	Moskowitz Huff Burns Sabraw Hayes Houston Benitez Sammartino Anello Battaglia Bencivengo Curiel Bashant

Hawaii	Seabright Kobayashi Watson 1 seat vacant

Idaho	Winmill 1 seat vacant

Montana	Christensen Morris Watters

Nevada	Navarro Mahan Du Gordon Dorsey Boulware 1 seat vacant

Oregon	Mosman Aiken Brown Hernandez Simon McShane

E. Washington	Rice Peterson Bastian Mendoza, Jr.

W. Washington	Martinez Leighton Robart Jones Settle 2 seats vacant

Guam	Tydingco-Gatewood

N. Mariana Islands	Manglona

Current senior district judges of the Ninth Circuit Court of Appeals

Alaska	Holland Singleton Sedwick Beistline

Arizona	Carroll Rosenblatt Strand McNamee Silver Zapata Teilborg Martone Bury

C. California	Hatter Marshall Keller Letts Lew Timlin Pregerson Fairbank

E. California	Shubb Burrell Ishii

N. California	Schwarzer Henderson Armstrong Whyte Wilken Chesney Illston Breyer Fogel

S. California	Enright Miller Whelan Lorenz

Hawaii	Kay Ezra Gillmor Mollway

Idaho	Lodge

Montana	Lovell Molloy Haddon

Nevada	George McKibben Hunt Dawson Hicks Jones

Oregon	Panner Redden Marsh Jones King

E. Washington	Quackenbush Nielsen Van Sickle Whaley Shea Suko

W. Washington	McGovern Rothstein Coughenour Dimmick Bryan Zilly Lasnik Pechman

Guam	Unpingco

N. Mariana Islands	Munson

United States courts of appeals



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