U.S. Court of Appeals for the Tenth Circuit
About the Court
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:
- District of Colorado
- District of Kansas
- District of New Mexico
- Eastern District of Oklahoma
- Northern District of Oklahoma
- Western District of Oklahoma
- District of Utah
- District of Wyoming
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
[ edit]
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
[ edit]
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)
755 F.3d 1193 (10th Cir. 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.
831 F.3d 1292 (10th Cir. 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.
Jurisdiction
The Tenth Circuit covers the following jurisdictions:
Court Information
- Seat
- Denver, Colorado
- Authorized Judgeships
- 12
- Circuit Number
- 10th