FALL 2018
*INTRODUCTION
TO UNITED STATES LAW--Lecture
Topic 3: Structure of the Federal Courts
--Last Modified:
Thursday, 09-Aug-2018 08:47:24 EDT
Lecture Topic 3:
Structure of the Federal Courts
Overview
These materials explain the structural
relationships among the U.S. district
courts, courts of appeals, and the
Supreme Court. This lecture also
describes where special federal courts,
such as the U.S. Court of Federal Claims
and U.S. bankruptcy courts, fit into the
structure. Finally, this lecture briefly
describes the work of federal judges and
how they get appointed.
Summary
The judicial power of the United States
is set forth in Article III, section I,
of the U.S. Constitution:
The judicial
Power of the United States, shall be
vested in one supreme Court, and in such
inferior Courts as the Congress may from
time to time ordain and establish. The
Judges, both of the supreme and inferior
Courts, shall hold their Offices during
good Behaviour, and shall, at stated
Times, receive for their Services, a
Compensation, which shall not be
diminished during their Continuance in
Office.
Thus, as you can see from the above
language, the United States Supreme
Court is the only court specifically
provided for by the Constitution itself.
It is the highest court in the United
States and is known as an "Article III
court." Congress has used the power set
forth in Article III to create two types
of "inferior Courts" below the Supreme
Court in a basic hierarchy of authority:
the United States Courts of Appeal--the
basic intermediate appellate courts in
the federal system--and the United States
District Court--the basic trial courts
in the federal system. Because these two
systems of courts are created under the
power conferred by Article III of the
Constitution these two types of courts
also are known as Article III courts.
Only an Article III court may exercise
the full "judicial power" of the United
States (subject to quirky rules in
territories belonging to the United
States). Judges serving on an Article
III court (including Justices of the
Supreme Court) are appointed by the
President of the United States and the
appointment must be approved with the
"advice and consent" of the Senate.
Article III judges are appointed for
life, their compensation may not be
reduced, and they may only be removed by
a process of impeachment for improper
behavior. The lifetime tenure of the
appointment, coupled with protection
against reduction in salary, contribute
to the creation of a judiciary that is
truly independent from the Executive
branch and the Legislative branch of
government. Only Article III courts are
considered "Constitutional Courts."
Article I, Section 8, of the U.S.
Constitution gives Congress the power to
create "tribunals" inferior to the
Supreme Court. A court created under
this power is considered a "Legislative
Court" Congress has used this power to
create two types of judges and courts
which operate as adjuncts to the United
States District Courts: the bankruptcy
judges staff the bankruptcy court in
each judicial district and magistrate
judges staff magistrate courts in the
judicial districts.
The Supreme Court held that Congress
has the power under Article I to create
adjunct tribunals so long as the
"essential attributes of judicial power"
stay in Article III courts. This power
derives from two sources. First, when
Congress creates rights, it can require
those asserting such rights to go
through an Article I tribunal. Second,
Congress can create non-Article III
tribunals to help Article III courts
deal with their workload, but only if
the Article I tribunals are under the
control of the Article III courts. The
bankruptcy courts, as well as the
tribunals of magistrate judges who
decide some issues in the district
courts, fall within this category of
these "adjunct" tribunals. All actions
heard in an Article I tribunal are
subject to de novo review in the
supervising Article III court, which
retains the exclusive power to make and
enforce final judgments.
Additionally, Congress has created
"district" courts in United States
territories under Article 4, Section 3,
Clause 2, of the Constitution which
provides for administration of
territories.
The Congress
shall have Power to dispose of and make
all needful Rules and Regulations
respecting the Territory or other
Property belonging to the United States;
and nothing in this Constitution shall
be so construed as to Prejudice any
Claims of the United States, or of any
particular State.
The district courts in Guam,
the Northern
Mariana Islands and the United
States Virgin Islands are
territorial courts created pursuant to
the power granted under Article 4.
Judges to these courts are appointed by
the President, with the consent of the
Senate, to 10 year terms. Though called
"district courts" because they exercise
the same jurisdiction as an Article III
district court, technically they are
territorial courts. There are 91 Article
III district courts and 3 Article 4
territorial courts exercising Article
III jurisdiction, for a total of 94
district courts in the system. Though
Puerto Rico is not a state of the United
States, the United
States
District Court for the District of
Puerto Rico has been established
as an Article III court.
Congress has created additional Article
III and Article I courts to serve
specific purposes, some of the more
important of which are briefly described
as part of the continuing discussion
below.
How the different federal courts fit
together
Congress has divided the country into
ninety-four federal judicial districts.
In each district there is a U.S.
district court. The U.S. district courts
are the federal trial courts--the places
where federal cases are tried, witnesses
testify, and juries serve. Within each
district is a U.S. bankruptcy court, a
part of the district court that
administers the bankruptcy laws, and
magistrate courts.
Congress uses state
boundaries to help define the districts.
Some districts cover the entire state,
like Idaho. Other districts cover just
part of a state, like the Northern
District of California.
Congress
placed each of the ninety-four districts
in one of twelve regional circuits.
If you look on the map, you will see
only eleven regional circuits identified
by number. For example, Alabama, Georgia
and Florida appear in the region marked
"11" by a black dot. This indicates that
those states are in the 11th
Circuit. Puerto Rico ("PR") is in the
First Circuit. The Virgin Islands ("VI")
is in the Third Circuit. Alaska ("AK")
and Hawaii ("HI") are in the Ninth
Circuit. The twelfth regional circuit is
for the District of Columbia Circuit
which is indicated by the "DC" marking
surrounded by a violet dot. The U.S.
Court of Appeals for the District of
Columbia is the circuit court of appeals
for the United States District Court for
the District of Columbia. Each circuit
has a court of appeals. If you lose a
case in a district court, you can ask
the court of appeals to review the case
to see if the district judge applied the
law correctly. For example, Miami is
located in the Southern District of
Florida. An appeal from a case heard in
the United States District Court for the
Southern District of Florida would be
heard by the United States Court of
Appeals for the 11th Circuit.
An appeal from a decision of the 11th
Circuit Court of Appeals would be made
to the United States Supreme Court
(though there is a procedure by which a
request can be made for a rehearing "en
banc" by a circuit court, about which
more will be said in another lecture).
As emphasized below, the United States
Supreme Court generally is not required
to take up an appeal, in which case the
decision of the circuit court of appeals
will stand.
You should note that the districts in
Alabama, Georgia and Florida were
originally part of the Fifth Circuit.
Effective October 1, 1981, the districts
in these states were split off to form
the Eleventh Circuit. For this reason,
Fifth Circuit decisions from before the
split are considered binding precedent
in the Eleventh Circuit. [Recall that
you were introduced to the concept of
binding precedent in Lecture Topic 2.]
There is also a U.S. Court of Appeals
for the Federal Circuit, whose
jurisdiction is defined by subject
matter rather than by geography. Because
its jurisdiction is not defined by
geography, it is not known as a United
States Circuit Court. This appellate
court is indicated on the map by the
designation "FED" surrounded by a
magenta dot. The U.S. Court of Appeals
for the Federal Circuit hears appeals
from certain courts and agencies, such
as the U.S. Court of International
Trade, the U.S. Court of Federal Claims,
and the U.S. Patent and Trademark
Office, and certain types of cases from
the district courts (mainly lawsuits by
people claiming their patents have been
infringed).
The Supreme Court of the United States,
in Washington, D.C., is the highest
court in the nation. If you lose a case
in the court of appeals (or, sometimes,
in a state supreme court), you can ask
the Supreme Court to hear your appeal.
However, unlike a court of appeals, as a
general matter the Supreme Court doesn't
have to hear an appeal of a decision
that is made to it. In fact, the Supreme
Court hears only a very small percentage
of the cases it is asked to review.
What other federal courts exist?
Unlike the federal trial courts, which
hear only cases arising in their
district or because a litigant is a
resident of the district, two special
trial courts have nationwide
jurisdiction over certain types of
cases: the U.S. Court of International
Trade and the U.S. Court of Federal
Claims. The U.S. Court of International
Trade hears cases involving
international trade and customs issues.
This is an Article III court and judges
of this court have life tenure. The U.S.
Court of Federal Claims hears mostly
claims for money damages in excess of
$10,000 against the United States,
including disputes over federal
contracts, federal takings of private
property for public use, and rights of
military personnel. With the approval of
the Senate, the President appoints U.S.
Court of Federal Claims judges for
fifteen-year terms. This is an Article I
court.
The federal courts in the territories
of the U.S. Virgin Islands, Guam, and
the Northern Mariana Islands were
established under Article IV of the
Constitution, as outlined in the summary
section above, though they are called
"district courts" and sometimes are
confused with the Article III district
courts operating within the United
States.
The
United States Tax Court
The United States Tax Court is a
federal trial court of record. It was
created by Congress under Article I of
the U.S. Constitution, section 8 of
which provides (in part) that the
Congress has the power to "constitute
Tribunals inferior to the supreme
Court". The Tax Court resolves disputes
over federal income tax, generally prior
to the time at which formal tax
assessments are made by the Internal
Revenue Service. Taxpayers may choose to
litigate tax matters in a variety of
legal settings other than in the United
States Tax Court. However, other than in
a bankruptcy court, the Tax Court is the
only forum in which taxpayers may
dispute a federal tax assessment without
having first paid the disputed amount in
full. A taxpayer also may bring an
action in any United States District
Court, or in the United States Court of
Federal Claims; however these venues
require that the tax be paid first, and
that the party then file a lawsuit to
recover the contested amount paid (the
"full payment rule" of Flora v. United
States). Tax Court judges are appointed
by the President and approved by the
Senate for a term of 15 years, subject
to presidential removal for
"inefficiency, neglect of duty, or
malfeasance in office...."[4]
The
United States Court of Appeals for
Veteran Claims
The United States Court of Appeals for
Veterans Claims is a federal court of
record that was established under
Article I of the United States
Constitution, and is thus referred to as
an Article I tribunal (court). The court
has exclusive national jurisdiction to
provide independent, federal, judicial
oversight and review of final decisions
of the Board of Veterans' Appeals.
Judges are appointed to the U.S. Court
of Appeals for Veterans Claims by the
President of the United States and
confirmed by the United States Senate,
in the same manner as Article III
Judges.[3] They are appointed to serve
fifteen-year appointments.
The
United
States Court of Appeals for the Armed
Forces
The United States Court of Appeals for
the Armed Forces is an Article I court
that exercises worldwide appellate
jurisdiction over members of the United
States Armed Forces on active duty and
other persons subject to the Uniform
Code of Military Justice. The court is
composed of five civilian judges
appointed for 15-year terms by the
President of the United States with the
advice and consent of the United States
Senate. The court reviews decisions from
the intermediate appellate courts of the
services: the Army Court of Criminal
Appeals, the Navy-Marine Corps Court of
Criminal Appeals, the Coast Guard Court
of Criminal Appeals, and the Air Force
Court of Criminal Appeals.
Federal judges and how they get
appointed
Supreme Court justices and court of
appeals and district judges are
appointed to office by the President of
the United States, with the approval of
the U.S. Senate. Presidents most often
appoint judges who are members, or at
least generally supportive, of their
political party, but that doesn't mean
that judges are given appointments
solely for partisan reasons. The
professional qualifications of
prospective federal judges are closely
evaluated by the Department of Justice,
which consults with others, such as
lawyers who can evaluate the prospect's
abilities. The Senate Judiciary
Committee undertakes a separate
examination of the nominees.
What is an Article III judge?
The U.S. Supreme Court, the federal
courts of appeals and district courts,
and the U.S. Court of International
Trade are established under Article III
of the Constitution. Justices and judges
of these courts, known as Article III
judges, exercise what Article III calls
"the judicial power of the United
States."
Are there judges in the federal
courts other than Article III judges?
Bankruptcy judges and magistrate judges
conduct some of the proceedings held in
federal courts. Bankruptcy judges handle
almost all bankruptcy matters, in
bankruptcy courts that are technically
included in the district courts but
function as separate entities.
Magistrate judges carry out various
responsibilities in the district courts
and often help prepare the district
judges' cases for trial.
Some tasks of the district court are
given to federal magistrate judges. In
criminal matters, magistrate judges may
oversee certain cases, issue search
warrants and arrest warrants, conduct
inital hearings, set bail, decide
certain motions (such as a motion to
suppress evidence), and other similar
actions. In civil cases, magistrates
often handle a variety of issues such as
pre-trial motions and discovery. They
also may preside over criminal
misdemeanor trials and may preside over
civil trials when both parties agree to
have the case heard by a magistrate
judge instead of a district judge.
Unlike district judges, bankruptcy and
magistrate judges do not exercise "the
judicial power of the United States" but
perform duties delegated to them by
district judges. Magistrates are
appointed by the district court in which
they sit by a majority vote of the
judges and serve for a term of eight
years if full-time and four years if
part-time, but they can be reappointed
after completion of their term.
Magistrate judges and bankruptcy judges
are not appointed by the President or
subject to Congress's approval. The
court of appeals in each circuit
appoints bankruptcy judges for
fourteen-year terms.
The judges on the U.S. Court of Federal
Claims are also not Article III judges.
Their court is a special trial court
that hears mostly claims for money
damages in excess of $10,000 against the
United States. With the approval of the
Senate, the President appoints U.S.
Court of Federal Claims judges for
fifteen-year terms. Similarly, judges of
the Tax Court, the Court of Appeals for
Veteran Claims and the Court of Appeals
for the Armed Services are not Article
III judges.
How many federal judges are there?
Congress authorizes a set number of
judge positions, or judgeships, for each
court level. Since 1869, Congress has
authorized 9 positions for the Supreme
Court. It currently authorizes 179 court
of appeals judgeships and 678 district
court judgeships.(In 1950, there were
only 65 court of appeals judgeships and
212 district court judgeships.) There
are currently 352 bankruptcy judgeships
and 551 full-time and part-time
magistrate judgeships. It is rare that
all judgeships are filled at any one
time; judges die or retire, for example,
causing vacancies until judges are
appointed to replace them. In addition
to judges occupying these judgeships,
retired judges often continue to perform
some judicial work.
Judgeships are not allocated equally
among the judicial circuits. For
example, each circuit court has multiple
judges, ranging from six on the First
Circuit to twenty-nine on the Ninth
Circuit.
What are the qualifications for
becoming a federal judge?
Although there are almost no formal
qualifications for federal judges, there
are some strong informal ones. For
example, while magistrate judges and
bankruptcy judges are required by
statute to be lawyers, there is no
statutory requirement that district
judges, circuit judges, or Supreme Court
justices be lawyers. But it would be
unheard-of for a president to nominate
someone who is not a lawyer. Before
their appointment, most judges were
private attorneys, but many were judges
in state courts or other federal courts.
Some were government attorneys and a few
were law professors.
Can a federal judge be fired?
Justices and judges appointed under
Article III of the Constitution (Supreme
Court justices, appellate and district
court judges, and Court of International
Trade judges) serve "during good
behavior." That means they may keep
their jobs unless Congress decides to
remove them through a lengthy process
called impeachment and conviction.
Congress has found it necessary to use
this process only a few times in the
history of our country. From a practical
standpoint, almost all of these judges
hold office for as long as they wish.
Article III also prohibits lowering the
salaries of federal judges "during their
continuance in office." Bankruptcy
judges, in contrast, may be removed from
office by circuit judicial councils, and
magistrate judges may be removed by the
district judges of the magistrate
judge's circuit. Bankruptcy judges and
magistrate judges don't have the same
protections (lifetime appointment and no
reduction in salary) as judges appointed
under Article III of the Constitution.
Why are some federal judges
protected from losing their jobs and
having their pay cut?
Federal judges appointed under Article
III of the Constitution are guaranteed
what amounts to life tenure and
unreduced salary so that they won't be
afraid to make an unpopular decision.
For example, in Gregg v. Georgia, the
Supreme Court said it is constitutional
for the federal and state governments to
impose the death penalty if the statute
is carefully drafted to provide adequate
safeguards, even though many people are
opposed to the death penalty.
The constitutional protection that
gives federal judges the freedom and
independence to make decisions that are
politically and socially unpopular is
one of the basic elements of our
democracy. According to the Declaration
of Independence, one reason the American
colonies wanted to separate from England
was that King George III "made judges
dependent on his will alone, for the
tenure of their offices, and the amount
and payment of their salaries."
For judges who are appointed for
life, what safeguards ensure that they
remain fair and impartial?
Judges must follow the ethical
standards set out in the Code of Conduct
for United States Judges, which contains
guidelines to make sure a judge does not
preside over a case in which he or she
has any reason to favor one side over
the other. For example, a judge must
withdraw or recuse himself or herself
from any case in which a close relative
is a party, or in which he or she has
any financial interest, however remote.
Judges are required to file a financial
disclosure form annually, so that all
their stock holdings, board memberships,
and other financial interests are on
public record. They must be careful not
to do anything that might cause people
to think they would favor one side in a
case over another. For this reason, they
can't give speeches urging voters to
pick one candidate over another for
public office or ask people to
contribute money to civic organizations.
Judges without life tenure are also
subject to the Code of Conduct for
United States Judges.
When do judges retire?
Most federal judges retire from
full-time service at around sixty-five
or seventy years of age and become
senior judges. Senior judges are still
federal judges, eligible to earn their
full salary and to continue hearing
cases if they and their colleagues want
them to do so, but they usually maintain
a reduced caseload. Full-time judges are
known as active judges.
How are cases assigned to judges?
Each court with more than one judge
must determine a procedure for assigning
cases to judges. Most district and
bankruptcy courts use random assignment,
which helps to ensure a fair
distribution of cases and also prevents
"judge shopping," or parties' attempts
to have their cases heard by the judge
who they believe will act most
favorably. Other courts assign cases by
rotation, subject matter, or geographic
division of the court. In courts of
appeals, cases are usually assigned by
random means to three-judge panels.
Review Questions
1. There are ____ judicial districts in
the federal system.
a. 12
b. 13
c. 50
d. 94
e. 100
2. Congress uses ____________boundaries
to help define federal judicial
districts.
a. municipal
b. regional
c. state
d. geographic
e. federal
3. Only __________can be removed from
office by circuit judicial councils.
a. Supreme Court justices
b. appellate judges
c. district judges
d. bankruptcy judges
e. Court of International Trade judges
4. True or false? Several federal
judicial districts include more than one
state.
Your answer: ___ True: ___ False.
5. True or false? The Supreme Court of
the United States will usually decide
whether a state supreme court or federal
court of appeals made a correct
decision, if a party to the case asks it
to.
Your answer: ___ True: ___ False.
6. Supreme Court justices and court of
appeals and district judges are
appointed to office by the President of
the United States with the approval of
the ______________.
a. U.S. House of Representatives
b. U.S. Senate
c. U.S. House of Representatives and
the U.S. Senate
d. Judicial Conference of the United
States
e. U.S. Department of Justice
7. True or false? The number of
justices on the Supreme Court is 9.
Your answer: ___ True: ___ False.
8. Supreme Court justices and court of
appeals and district judges can be
removed from the bench if they are
a. found by Congress to have made too
many incorrect decisions
b. found by Congress to be incompetent
c. impeached and convicted by Congress
d. impeached and convicted by the
President
e. any of the above
9. Under the _________, a judge must
withdraw from any case in which a close
relative is a party.
a. Constitution, Article III
b. Code of Conduct for United States
Judges
c. Federal Rules of Civil Procedure
d. Fifth Amendment
e. Monograph 111
10. True or false? A federal judge who
believes the law should be changed in a
certain area can petition the chief
judge for a case that will allow him or
her to issue a decision that modifies
the existing law.
Your answer: ___ True: ___ False.
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