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U.S. Court of Appeals for the Tenth Circuit

Denver, Colorado12 authorized judgeships

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From Wikipedia, the free encyclopedia

Current United States federal appellate court

United States Court of Appeals for the Tenth Circuit
(10th Cir.)
Location
Appeals from
Established
Judges
Circuit Justice
Chief Judge
www.ca10.uscourts.gov

The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:

Although the 37th United States Congress passed the Tenth Circuit Act of 1863, the circuit ceased to exist after six years due to the Judiciary Act of 1869. These districts were part of the Eighth Circuit until 1929. The court is composed of twelve active judges and is based at the Byron White U.S. Courthouse in Denver, Colorado. It is one of thirteen [United States courts of appeals](https://en.wikipedia.org/wiki/United_States_courts_of_appeals "United States courts of appea

History

History

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U.S. Post Office and Courthouse, as it appeared around 1916.

Congress created a new judicial circuit in 1929 to accommodate the increased caseload in the federal courts. Between 1866 and 1912, twelve new states had entered the Union and been incorporated into the Eighth and Ninth Circuits. The Eighth Circuit encompassed 13 states and had become the largest in the nation.[2]

Chief Justice William Howard Taft suggested the reorganization of the Eighth Circuit Court in response to widespread opposition in 1928 to a proposal to reorganize the nation's entire circuit structure. The original plan had sprung from an American Bar Association committee in 1925 and would have changed the composition of all but two circuits.[2]

The House of Representatives considered two proposals to divide the existing Eighth Circuit. A bill by Representative Walter Newton would separate the circuit's eastern and western states. An alternate proposal divided the northern from the southern states. With the judges and bar of the existing Eighth Circuit for Newton's bill and little opposition to dividing the circuit, lawmakers focused on providing for more judgeships and meeting places of the circuit courts of appeals in their deliberations.[2]

In 1929, Congress passed a law that placed the federal U.S. district courts in Minnesota, Iowa, North Dakota, South Dakota, Nebraska, Missouri, and Arkansas in the Eighth Circuit and created a Tenth Circuit that included Wyoming, Colorado, Utah, New Mexico, Kansas, and Oklahoma. Three additional judgeships were authorized and the sitting circuit judges were reassigned according to their residence. The Tenth Circuit was assigned a total of four judgeships.[3]

List of former judges

[ edit]

# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 Robert E. Lewis CO 1857–1941 1929–1940 1940–1941 Harding / Operation of law[6] death
2 John Hazelton Cotteral OK 1864–1933 1929–1933 Coolidge / Operation of law[7] death
3 Orie Leon Phillips NM 1885–1974 1929–1956 1948–1956 1956–1974 Hoover death
4 George McDermott KS 1886–1937 1929–1937 Hoover death
5 Sam G. Bratton NM 1888–1963 1933–1961 1956–195

Judges

Current composition of the court

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As of December 13, 2023[update]:

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
--- --- ---
38 Chief Judge Jerome Holmes Oklahoma City, OK 1961 2006–present 2022–present
33 Circuit Judge Harris Hartz Albuquerque, NM 1947 2001–present
36 Circuit Judge Timothy Tymkovich Denver, CO 1956 2003–present 2015–2022
39 Circuit Judge Scott Matheson Jr. Salt Lake City, UT 1953 2010–present
40 Circuit Judge Robert E. Bacharach Oklahoma City, OK 1959 2013–present
41 Circuit Judge Gregory A. Phillips Cheyenne, WY 1960 2013–present
42 Circuit Judge Carolyn B. McHugh Salt Lake City, UT 1957 2014–present
43 Circuit Judge Nancy Moritz Topeka, KS 1960 2014–present
44 Circuit Judge Allison H. Eid Denver, CO 1965 2017–present
45 Circuit Judge Joel M. Carson III Roswell, NM 1971 2018–present
46 Circuit Judge Veronica S. Rossman Denver, CO 1972 2021–present
47 Circuit Judge Richard Federico Topeka, KS 1977 2023–present
21 Senior Judge Stephanie Kulp Seymour inactive 1940 1979–2005 1994–2000
22 Senior Judge John Carbone Porfilio[4] inactive 1934 1985–1999
23 Senior Judge Stephen H. Anderson inactive 1932 1985–2000

Court overview, history, and judge data sourced from Wikipedia (CC-BY-SA 3.0).

Notable Opinions (2)

Kitchen v. Herbert

755 F.3d 1193 (10th Cir. 2014)

United States Court of Appeals for the Tenth CircuitJune 25, 2014

Struck down Utah's ban on same-sex marriage, becoming the first federal appellate court to do so after United States v. Windsor. The court applied heightened scrutiny and found that Utah's Amendment 3 violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

Circuit Courtcivil rightsfamily
United States v. Ackerman

831 F.3d 1292 (10th Cir. 2016)

United States Court of Appeals for the Tenth CircuitAugust 9, 2016

Held that the National Center for Missing and Exploited Children (NCMEC) functions as a governmental entity for Fourth Amendment purposes when it opens and examines emails flagged as containing child pornography. Justice Gorsuch, then a circuit judge, wrote the opinion requiring suppression of evidence obtained without a warrant.

Circuit Courtcriminalcivil rights

Jurisdiction

The Tenth Circuit covers the following jurisdictions:

COKSNMOKUTWY

Court Information

Seat
Denver, Colorado
Authorized Judgeships
12
Circuit Number
10th