What is the official name and common abbreviation for the United States Court of Appeals for the Fifth Circuit?

The official name is the United States Court of Appeals for the Fifth Circuit, and it is commonly abbreviated as 5th Cir. This court is one of the 13 United States courts of appeals, which are federal appellate courts that hear appeals from the district courts within their geographical circuits.

Where is the headquarters of the Fifth Circuit located, and where is its clerk's office?

The Fifth Circuit is headquartered at the John Minor Wisdom United States Court of Appeals Building in New Orleans, Louisiana. Additionally, the clerk's office for the court is situated at the F. Edward Hebert Federal Building, also in New Orleans.

How many active judgeships does the Fifth Circuit currently have?

The Fifth Circuit currently has 17 active judgeships. These judges are appointed by the President and confirmed by the Senate, serving lifetime appointments.

What states were originally part of the Fifth Circuit, and what change occurred in 1981?

Originally, the Fifth Circuit encompassed the federal district courts in Alabama, Georgia, and Florida, in addition to its current states. However, in 1981, the district courts for Alabama, Georgia, and Florida were transferred to the newly established U.S. Court of Appeals for the Eleventh Circuit, altering the Fifth Circuit's geographical scope.

When was the United States Court of Appeals for the Fifth Circuit established, and by what legislative act?

The United States Court of Appeals for the Fifth Circuit was established on June 16, 1891, by the Evarts Act. This act was significant in restructuring the federal judiciary by creating the circuit courts of appeals to handle the growing appellate caseload.

What was the initial geographical coverage of the Fifth Circuit at the time of its creation?

At its inception, the Fifth Circuit covered the states of Florida, Georgia, Alabama, Mississippi, Louisiana, and Texas. This broad jurisdiction reflected the regional organization of the federal court system in the late 19th century.

Who were the 'Fifth Circuit Four,' and what was their historical significance?

The 'Fifth Circuit Four' were a group of judges consisting of Elbert Parr Tuttle, John Minor Wisdom, John R. Brown, and Richard T. Rives, who became prominent in the late 1950s. They were known for their crucial decisions that advanced the civil rights of African Americans, often in opposition to other judges like Benjamin F. Cameron of Mississippi.

What nickname did the Fifth Circuit earn during the Civil Rights era, and why?

During the Civil Rights era, the Fifth Circuit was nicknamed the 'Supreme Court of Dixie' due to the pivotal role its judges, particularly the 'Fifth Circuit Four,' played in advancing civil rights. This moniker highlighted the court's significant influence on civil rights matters in the Southern United States.

What impact did Hurricane Katrina have on the Fifth Circuit's operations and courthouse?

Hurricane Katrina, which struck New Orleans on August 29, 2005, caused slight damage to the John Minor Wisdom Courthouse and led to the extension of all filing deadlines. The court temporarily relocated its administrative operations to Houston on September 7, 2005, and resumed normal operations in New Orleans in March 2007.

How did President Donald Trump's appointments affect the Fifth Circuit's ideological composition in the 2020s?

During his first administration, President Donald Trump appointed six judges to the Fifth Circuit, leading many observers to regard it as the most conservative court of appeals. This shift in composition has influenced the court's judicial philosophy and its approach to legal cases.

What was the Fifth Circuit's reversal rate at the U.S. Supreme Court between the 2020 and 2022 terms, and how did it compare to the average?

From the beginning of the 2020 term through the end of the 2022 term, the Fifth Circuit's reversal rate at the U.S. Supreme Court was 74%. This rate was higher than the average reversal rate of 68% for circuit courts, indicating that a significant portion of its decisions were overturned by the nation's highest court.

What concerns have Supreme Court members, including Chief Justice John Roberts, raised regarding the Fifth Circuit?

Some members of the Supreme Court, including Chief Justice John Roberts, have expressed concern with how the Fifth Circuit approaches cases. Additionally, several court observers have interpreted the court's rulings as being exceptionally conservative, which may contribute to the Supreme Court's scrutiny.

What are the administrative responsibilities of a chief judge in a U.S. Court of Appeals?

Chief judges are responsible for the administrative oversight of their respective circuits. They also preside over any judicial panel on which they serve, unless the circuit justice, who is a Supreme Court justice assigned to the circuit, is also part of that panel.

How does the office of chief judge rotate among the circuit judges?

Unlike the Supreme Court, where the Chief Justice is specifically nominated for that role, the office of chief judge in a circuit court rotates among the circuit judges. This system ensures that leadership responsibilities are shared among qualified members of the court.

What are the eligibility requirements for a judge to become a chief judge in a U.S. Court of Appeals under current rules?

To be eligible for the chief judge position, a judge must have been in active service on the court for at least one year, be under the age of 65, and must not have previously served as chief judge. These criteria ensure a balance of experience and fresh leadership.

How is a vacancy for the chief judge position filled?

When a vacancy arises for the chief judge position, it is filled by the judge who is highest in seniority among the group of qualified judges. Seniority is determined first by the date of their commission, and then by age if commission dates are the same.

What is the term length for a chief judge, and what are the conditions for its termination?

A chief judge serves for a term of seven years, or until they reach the age of 70, whichever occurs first. Judges have the option to forfeit or resign their chief judgeship or acting chief judgeship while still maintaining their active status as a circuit judge.

What were the initial rules for determining the chief judge when the office was created in 1948?

When the office of chief judge was created in 1948, the position was held by the longest-serving judge who had not chosen to retire to senior status or declined to serve as chief judge. This system prioritized tenure on the court.

What change was introduced to the chief judge rules after August 6, 1959?

After August 6, 1959, a new rule was implemented stating that judges could not become or remain chief judge after turning 70 years old. This change introduced an age limit to the chief judgeship.

How many seats for active judges has the Fifth Circuit had historically, and how many remain after reassignments?

The Fifth Circuit has historically had 29 seats for active judges. However, twelve of these seats were reassigned to the United States Court of Appeals for the Eleventh Circuit, resulting in the current seventeen-seat court.

What is the significance of a judge assuming 'senior status' in the context of judicial seats?

When a judge assumes 'senior status,' it is a form of retirement where they remain on the bench but vacate their active seat. This action allows the U.S. President to appoint new judges to fill the newly opened seats, ensuring the court maintains its full complement of active judges while still benefiting from the experience of senior judges.

Who was Don Albert Pardee, and what was his connection to the establishment of the Fifth Circuit's first seat?

Don Albert Pardee was appointed as a circuit judge for the Fifth Circuit in 1881 by James A. Garfield. His seat, originally established on December 10, 1869, by the Judiciary Act of 1869, was reassigned to the newly formed United States Circuit Court of Appeals for the Fifth Circuit by the Judiciary Act of 1891, making him the first judge to hold Seat 1 in the new appellate court.

Which judge held Seat 2 of the Fifth Circuit, established by the Judiciary Act of 1891, and who currently holds it?

Andrew Phelps McCormick was the first judge to hold Seat 2, established on June 16, 1891, by the Judiciary Act of 1891, serving from 1892 to 1916. Currently, Seat 2 is held by Cory T. Wilson, who began his active service in 2020.

When was Seat 3 of the Fifth Circuit established, and who was its first occupant?

Seat 3 of the Fifth Circuit was established on January 25, 1899, by 30 Stat. 803. Its first occupant was David Davie Shelby, who served from 1899 to 1914.

Who was the first judge to occupy Seat 4, established in 1930, and who is the current occupant?

Joseph Chappell Hutcheson Jr. was the first judge to occupy Seat 4, which was established on June 10, 1930, by 46 Stat. 538, serving from 1931 to 1964. The current occupant of Seat 4 is Jennifer Walker Elrod, who began her active service in 2007 and is also the current Chief Judge.

Which judge held Seat 5, established in 1938, before it was reassigned to the Eleventh Circuit?

Leon Clarence McCord held Seat 5, which was established on May 31, 1938, by 52 Stat. 584, serving from 1938 to 1951. This seat was later reassigned to the United States Court of Appeals for the Eleventh Circuit on October 1, 1981.

Who was the last judge to hold Seat 6 before its reassignment to the Eleventh Circuit in 1981?

Peter T. Fay was the last judge to hold Seat 6, which was established on December 14, 1942, by 56 Stat. 1050, serving from 1976 to 1981. This seat was subsequently reassigned to the United States Court of Appeals for the Eleventh Circuit on October 1, 1981.

Which judge held Seat 7, established in 1954, before its reassignment to the Eleventh Circuit?

Elbert Tuttle held Seat 7, established on February 10, 1954, by 68 Stat. 8, serving from 1954 to 1968. This seat was later reassigned to the United States Court of Appeals for the Eleventh Circuit on October 1, 1981.

Who was the last judge to occupy Seat 8 before its transfer to the Eleventh Circuit?

Robert Smith Vance was the last judge to occupy Seat 8, established on May 19, 1961, by 75 Stat. 80, serving from 1977 to 1981. This seat was reassigned to the United States Court of Appeals for the Eleventh Circuit on October 1, 1981.

Which judge held Seat 9, established in 1961, before it was reassigned to the Eleventh Circuit?

Griffin Bell held Seat 9, established on May 19, 1961, by 75 Stat. 80, serving from 1961 to 1976. This seat was later reassigned to the United States Court of Appeals for the Eleventh Circuit on October 1, 1981.

When was Seat 10 made permanent, and who is its current active judge?

Seat 10 was initially established as a temporary judgeship on March 18, 1966, and then made permanent on June 18, 1968. The current active judge for Seat 10 is Catharina Haynes, who began her service in 2008.

Who was the first judge to hold Seat 11 after it was made permanent, and who is the current judge?

Robert A. Ainsworth Jr. was the first judge to hold Seat 11 after it was made permanent on June 18, 1968, serving from 1966 to 1981. The current active judge for Seat 11 is Kyle Duncan, who began his service in 2018.

Which judge held Seat 12 before its reassignment to the Eleventh Circuit?

John Milton Bryan Simpson held Seat 12, which was established as a temporary judgeship on March 18, 1966, and made permanent on June 18, 1968. He served from 1966 to 1975, and the seat was reassigned to the Eleventh Circuit on October 1, 1981.

Who is the current active judge for Seat 13, and when was this seat made permanent?

The current active judge for Seat 13 is Dana Douglas, who began her service in 2022. This seat was initially established as a temporary judgeship on March 18, 1966, and then made permanent on June 18, 1968.

Which judge held Seat 14, established in 1968, before its reassignment to the Eleventh Circuit?

G. Harrold Carswell held Seat 14, established on June 18, 1968, serving from 1969 to 1970. This seat was later reassigned to the United States Court of Appeals for the Eleventh Circuit on October 1, 1981.

Who is the current active judge for Seat 15, and when was this seat established?

The current active judge for Seat 15 is Irma Carrillo Ramirez, who began her service in 2023. This seat was established on June 18, 1968, by 82 Stat. 184.

Which judge held Seat 16, established in 1978, before its reassignment to the Eleventh Circuit?

Frank Minis Johnson held Seat 16, established on October 20, 1978, by 92 Stat. 1629, serving from 1979 to 1981. This seat was later reassigned to the United States Court of Appeals for the Eleventh Circuit on October 1, 1981.

Who was the last judge to hold Seat 17 before its transfer to the Eleventh Circuit?

Albert John Henderson was the last judge to hold Seat 17, established on October 20, 1978, by 92 Stat. 1629, serving from 1979 to 1981. This seat was reassigned to the United States Court of Appeals for the Eleventh Circuit on October 1, 1981.

Which judge held Seat 18, established in 1978, before its reassignment to the Eleventh Circuit?

R. Lanier Anderson III held Seat 18, established on October 20, 1978, by 92 Stat. 1629, serving from 1979 to 1981. This seat was later reassigned to the United States Court of Appeals for the Eleventh Circuit on October 1, 1981.

Who is the current active judge for Seat 19, and who was its first occupant?

Carolyn Dineen King was the first occupant of Seat 19, established on October 20, 1978, serving from 1979 to 2013. The current active judge for Seat 19 is James C. Ho, who began his service in 2018.

Who is the current active judge for Seat 20, and who was its first occupant?

Henry Anthony Politz was the first occupant of Seat 20, established on October 20, 1978, serving from 1979 to 1999. The current active judge for Seat 20 is Leslie H. Southwick, who began his service in 2007.

Which judge held Seat 21, established in 1978, before its reassignment to the Eleventh Circuit?

Joseph W. Hatchett held Seat 21, established on October 20, 1978, by 92 Stat. 1629, serving from 1979 to 1981. This seat was later reassigned to the United States Court of Appeals for the Eleventh Circuit on October 1, 1981.

Who is the current active judge for Seat 22, and who was its first occupant?

Thomas Morrow Reavley was the first occupant of Seat 22, established on October 20, 1978, serving from 1979 to 1990. The current active judge for Seat 22 is Don Willett, who began his service in 2018.

Who is the current active judge for Seat 23, and who was its first occupant?

Albert Tate Jr. was the first occupant of Seat 23, established on October 20, 1978, serving from 1979 to 1986. The current active judge for Seat 23 is Kurt D. Engelhardt, who began his service in 2018.

Who is the current active judge for Seat 24, and who was its first occupant?

Samuel D. Johnson Jr. was the first occupant of Seat 24, established on October 20, 1978, serving from 1979 to 1991. The current active judge for Seat 24 is Andrew Oldham, who began his service in 2018.

Which judge held Seat 25, established in 1978, before its reassignment to the Eleventh Circuit?

Thomas Alonzo Clark held Seat 25, established on October 20, 1978, by 92 Stat. 1629, serving from 1979 to 1981. This seat was later reassigned to the United States Court of Appeals for the Eleventh Circuit on October 1, 1981.

Who is the current active judge for Seat 26, and who was its first occupant?

William Lockhart Garwood was the first occupant of Seat 26, established on October 20, 1978, serving from 1981 to 1997. The current active judge for Seat 26 is Priscilla Richman, who began her service in 2005.

United States Court Of Appeals For The Fifth Circuit Wiki: The Fifth Circuit's Gavel: Upholding Federal Law in the Gulf South

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Overview

A Pillar of Federal Appellate Justice

The United States Court of Appeals for the Fifth Circuit, often cited as 5th Cir., stands as one of the thirteen federal appellate courts within the U.S. judicial system. Its primary function is to exercise appellate jurisdiction, reviewing decisions from the U.S. district courts across a specific geographical region.

Geographical Scope and Headquarters

The Fifth Circuit's jurisdiction encompasses the federal judicial districts within Louisiana, Mississippi, and Texas. Specifically, it hears appeals from the Eastern, Middle, and Western Districts of Louisiana; the Northern and Southern Districts of Mississippi; and the Eastern, Northern, Southern, and Western Districts of Texas. The court's headquarters are located in the historic John Minor Wisdom United States Court of Appeals Building in New Orleans, Louisiana, with its clerk's office situated in the F. Edward Hebert Federal Building, also in New Orleans.

Composition and Leadership

As a significant federal court, the Fifth Circuit is authorized to have 17 active judgeships. The current Chief Judge is Jennifer Walker Elrod, who holds administrative responsibilities for the circuit. The Circuit Justice, a Supreme Court justice assigned to oversee the circuit, is Samuel Alito. This structure ensures a robust and experienced judiciary for the region.

Evolution

Founding and Initial Jurisdiction

The Fifth Circuit was formally established on June 16, 1891, through the enactment of the Evarts Act. This legislative act transferred the circuit judges and appellate jurisdiction from the existing Circuit Courts of the Fifth Circuit to this newly formed court. At its inception, the Fifth Circuit's geographical purview was extensive, covering the states of Florida, Georgia, Alabama, Mississippi, Louisiana, and Texas.

Expansion to the Panama Canal Zone

The court's jurisdiction expanded further on June 25, 1948, when the Panama Canal Zone was incorporated into the Fifth Circuit by 62 Stat. 870. This change granted the Fifth Circuit appellate authority over the United States District Court for the Canal Zone, reflecting the broader geopolitical interests of the United States at the time.

Reorganization and Modern Boundaries

A significant reorganization occurred on October 1, 1981, under Public Law 96–452. This act led to the division of the Fifth Circuit, with the federal district courts in Alabama, Georgia, and Florida being reassigned to the newly created U.S. Court of Appeals for the Eleventh Circuit. Subsequently, on March 31, 1982, the Fifth Circuit's jurisdiction over the Panama Canal Zone ceased as control of the territory was transferred to Panama. These changes solidified the Fifth Circuit's modern geographical boundaries.

Legacy

The "Fifth Circuit Four" and Civil Rights

Beginning in the late 1950s, a distinguished group of judges on the Fifth Circuit earned widespread recognition as the "Fifth Circuit Four," or simply "The Four." This quartet comprised Elbert Parr Tuttle (Chief Judge from 1960–1967), John Minor Wisdom, John R. Brown (Chief Judge from 1967–1979), and Richard T. Rives (Chief Judge from 1959–1960). Their collective decisions were instrumental in advancing the civil rights of African Americans during a pivotal era in American history.

Confronting Opposition and Earning a Nickname

The progressive stance of the "Fifth Circuit Four" often placed them in opposition to some of their judicial colleagues, notably Judge Benjamin F. Cameron of Mississippi, until his passing in 1964. The profound and often controversial role the Fifth Circuit played in the civil rights movement led to it being famously nicknamed the "Supreme Court of Dixie," a testament to its significant influence in the Southern states during that period.

Resilience

Impact of Hurricane Katrina

On August 29, 2005, Hurricane Katrina inflicted widespread devastation upon New Orleans, including minor damage to the John Minor Wisdom Courthouse, the Fifth Circuit's esteemed home. The natural disaster necessitated immediate and significant adjustments to the court's operations.

Temporary Relocation and Return

In response to the emergency, all deadlines for filings were temporarily extended to accommodate the disruption. By September 7, the court had successfully relocated its administrative operations to Houston, Texas, ensuring the continuity of essential judicial functions. The Fifth Circuit demonstrated remarkable resilience, returning to full normal operations in New Orleans by March 2007, a testament to its commitment to justice despite adversity.

Modern

Judicial Appointments and Ideological Shift

During his first administration, President Donald Trump appointed six new judges to the Fifth Circuit. These appointments led many observers to characterize the court as the most conservative among the United States courts of appeals. This shift in judicial composition has significantly influenced the court's jurisprudential direction in recent years.

Supreme Court Reversal Rates

From the beginning of the 2020 term through the end of the 2022 term, the Fifth Circuit experienced a 74% reversal rate at the U.S. Supreme Court. This figure positioned it as the 7th most frequently reversed circuit court, notably higher than the average reversal rate of 68% across all circuits. This trend has drawn attention from various legal commentators.

Supreme Court Scrutiny and Interpretations

The Fifth Circuit's approach to cases has garnered concern from some members of the Supreme Court, including Chief Justice John Roberts. Several court observers have interpreted the court's rulings during this period as exceptionally conservative, leading to increased scrutiny and discussion within the broader legal community regarding its judicial philosophy and impact on federal law.

Bench

As of May 16, 2025, the United States Court of Appeals for the Fifth Circuit comprises the following active and senior judges, reflecting a diverse range of judicial experience and appointments:

#	Title	Judge	Duty Station	Born	Active Service	Chief	Senior	Appointed By
78	Chief Judge	Jennifer Walker Elrod	Houston, TX	1966	2007–present	2024–present	—	G.W. Bush
63	Circuit Judge	Edith Jones	Houston, TX	1949	1985–present	2006–2012	—	Reagan
64	Circuit Judge	Jerry Edwin Smith	Houston, TX	1946	1987–present	—	—	Reagan
71	Circuit Judge	Carl E. Stewart	Shreveport, LA	1950	1994–present	2012–2019	—	Clinton
77	Circuit Judge	Priscilla Richman	Austin, TX	1954	2005–present	2019–2024	—	G.W. Bush
79	Circuit Judge	Leslie H. Southwick	Jackson, MS	1950	2007–present	—	—	G.W. Bush
80	Circuit Judge	Catharina Haynes	Dallas, TX	1963	2008–present	—	—	G.W. Bush
81	Circuit Judge	James E. Graves Jr.	Jackson, MS	1953	2011–present	—	—	Obama
82	Circuit Judge	Stephen A. Higginson	New Orleans, LA	1961	2011–present	—	—	Obama
84	Circuit Judge	Don Willett	Austin, TX	1966	2018–present	—	—	Trump
85	Circuit Judge	James C. Ho	Dallas, TX	1973	2018–present	—	—	Trump
86	Circuit Judge	Kyle Duncan	Baton Rouge, LA	1972	2018–present	—	—	Trump
87	Circuit Judge	Kurt D. Engelhardt	New Orleans, LA	1960	2018–present	—	—	Trump
88	Circuit Judge	Andrew Oldham	Austin, TX	1978	2018–present	—	—	Trump
89	Circuit Judge	Cory T. Wilson	Jackson, MS	1970	2020–present	—	—	Trump
90	Circuit Judge	Dana Douglas	New Orleans, LA	1975	2022–present	—	—	Biden
91	Circuit Judge	Irma Carrillo Ramirez	Dallas, TX	1964	2023–present	—	—	Biden
51	Senior Circuit Judge	Carolyn Dineen King	Houston, TX	1938	1979–2013	1999–2006	2013–present	Carter
59	Senior Circuit Judge	E. Grady Jolly	Jackson, MS	1937	1982–2017	—	2017–present	Reagan
60	Senior Circuit Judge	Patrick Higginbotham	San Antonio, TX	1938	1982–2006	—	2006–present	Reagan
61	Senior Circuit Judge	W. Eugene Davis	New Orleans, LA	1936	1983–2016	—	2016–present	Reagan
66	Senior Circuit Judge	Jacques L. Wiener Jr.	New Orleans, LA	1934	1990–2010	—	2010–present	G.H.W. Bush
67	Senior Circuit Judge	Rhesa Barksdale	Jackson, MS	1944	1990–2009	—	2009–present	G.H.W. Bush
73	Senior Circuit Judge	James L. Dennis	New Orleans, LA	1936	1995–2022	—	2022–present	Clinton
74	Senior Circuit Judge	Edith Brown Clement	New Orleans, LA	1948	2001–2018	—	2018–present	G.W. Bush

Alumni

The Fifth Circuit has been served by numerous distinguished judges throughout its history. The following table provides a comprehensive list of former judges, detailing their service and the circumstances of their departure from active duty.

#	Judge	State	Born–Died	Active Service	Chief Judge	Senior Status	Appointed By	Reason for Termination
1	Don Albert Pardee	LA	1837–1919	1891–1919	—	—	Garfield / Operation of law	death
2	Andrew Phelps McCormick	TX	1832–1916	1892–1916	—	—	B. Harrison	death
3	David Davie Shelby	AL	1847–1914	1899–1914	—	—	McKinley	death
4	Richard Wilde Walker Jr.	AL	1857–1936	1914–1930	—	1930–1936	Wilson	death
5	Robert Lynn Batts	TX	1864–1935	1917–1919	—	—	Wilson	resignation
6	Nathan Philemon Bryan	FL	1872–1935	1920–1935	—	—	Wilson	death
7	Alexander Campbell King	GA	1920–1924	1920–1924	—	—	Wilson	resignation
8	Rufus Edward Foster	LA	1871–1942	1925–1942	—	—	Coolidge	death
9	Samuel Hale Sibley	GA	1873–1958	1931–1949	—	1949–1958	Hoover	death
10	Joseph Chappell Hutcheson Jr.	TX	1879–1973	1931–1964	1948–1959	1964–1973	Hoover	death
11	Edwin R. Holmes	MS	1878–1961	1936–1954	—	1954–1961	F. Roosevelt	death
12	Leon Clarence McCord	AL	1878–1952	1938–1951	—	1951–1952	F. Roosevelt	death
13	Curtis L. Waller	FL	1887–1950	1943–1950	—	—	F. Roosevelt	death
14	Elmo Pearce Lee	LA	1882–1949	1943–1949	—	—	F. Roosevelt	death
15	Wayne G. Borah	LA	1891–1966	1949–1956	—	1956–1966	Truman	death
16	Robert Lee Russell	GA	1900–1955	1949–1955	—	—	Truman	death
17	Louie Willard Strum	FL	1890–1954	1950–1954	—	—	Truman	death
18	Richard Rives	AL	1895–1982	1951–1966	1959–1960	1966–1981	Truman	reassignment to 11th Cir.
19	Elbert Tuttle	GA	1897–1996	1954–1968	1960–1967	1968–1981	Eisenhower	reassignment to 11th Cir.
20	Benjamin Franklin Cameron	MS	1890–1964	1955–1964	—	—	Eisenhower	death
21	Warren Leroy Jones	FL	1895–1993	1955–1966	—	1966–1981	Eisenhower	reassignment to 11th Cir.
22	John Robert Brown	TX	1909–1993	1955–1984	1967–1979	1984–1993	Eisenhower	death
23	John Minor Wisdom	LA	1905–1999	1957–1977	—	1977–1999	Eisenhower	death
24	Griffin Bell	GA	1918–2009	1961–1976	—	—	Kennedy	resignation
25	Walter Pettus Gewin	AL	1908–1981	1961–1976	—	1976–1981	Kennedy	death
26	Homer Thornberry	TX	1909–1995	1965–1978	—	1978–1995	L. Johnson	death
27	James P. Coleman	MS	1914–1991	1965–1981	1979–1981	1981–1984	L. Johnson	retirement
28	Robert A. Ainsworth Jr.	LA	1910–1981	1966–1981	—	—	L. Johnson	death
29	John Cooper Godbold	AL	1920–2009	1966–1981	1981	—	L. Johnson	reassignment to 11th Cir.
30	Irving Loeb Goldberg	TX	1906–1995	1966–1980	—	1980–1995	L. Johnson	death
31	David W. Dyer	FL	1910–1998	1966–1976	—	1976–1981	L. Johnson	reassignment to 11th Cir.
32	John Milton Bryan Simpson	FL	1903–1987	1966–1975	—	1975–1981	L. Johnson	reassignment to 11th Cir.
33	Claude Feemster Clayton	MS	1909–1969	1967–1969	—	—	L. Johnson	death
34	Lewis Render Morgan	GA	1913–2001	1968–1978	—	1978–1981	L. Johnson	reassignment to 11th Cir.
35	G. Harrold Carswell	FL	1919–1992	1969–1970	—	—	Nixon	resignation
36	Charles Clark	MS	1925–2011	1969–1992	1981–1992	—	Nixon	retirement
37	Joe McDonald Ingraham	TX	1903–1990	1969–1973	—	1973–1990	Nixon	death
38	Paul Hitch Roney	FL	1921–2006	1970–1981	—	—	Nixon	reassignment to 11th Cir.
39	Thomas Gibbs Gee	TX	1925–1994	1973–1991	—	—	Nixon	retirement
40	Gerald Bard Tjoflat	FL	1929–present	1975–1981	—	—	Ford	reassignment to 11th Cir.
41	James Clinkscales Hill	GA	1924–2017	1976–1981	—	—	Ford	reassignment to 11th Cir.
42	Peter T. Fay	FL	1929–2021	1976–1981	—	—	Ford	reassignment to 11th Cir.
43	Alvin Benjamin Rubin	LA	1920–1991	1977–1989	—	1989–1991	Carter	death
44	Robert Smith Vance	AL	1931–1989	1977–1981	—	—	Carter	reassignment to 11th Cir.
45	Phyllis A. Kravitch	GA	1920–2017	1979–1981	—	—	Carter	reassignment to 11th Cir.
46	Frank Minis Johnson	AL	1918–1999	1979–1981	—	—	Carter	reassignment to 11th Cir.
47	R. Lanier Anderson III	GA	1936–present	1979–1981	—	—	Carter	reassignment to 11th Cir.
48	Reynaldo Guerra Garza	TX	1915–2004	1979–1982	—	1982–2004	Carter	death
49	Joseph W. Hatchett	FL	1932–2021	1979–1981	—	—	Carter	reassignment to 11th Cir.
50	Albert John Henderson	GA	1920–1999	1979–1981	—	—	Carter	reassignment to 11th Cir.
52	Henry Anthony Politz	LA	1932–2002	1979–1999	1992–1999	1999–2002	Carter	death
53	Thomas Morrow Reavley	TX	1921–2020	1979–1990	—	1990–2020	Carter	death
54	Samuel D. Johnson Jr.	TX	1920–2002	1979–1991	—	1991–2002	Carter	death
55	Albert Tate Jr.	LA	1920–1986	1979–1986	—	—	Carter	death
56	Thomas Alonzo Clark	FL	1920–2005	1979–1981	—	—	Carter	reassignment to 11th Cir.
57	Jerre Stockton Williams	TX	1916–1993	1980–1990	—	1990–1993	Carter	death
58	William Lockhart Garwood	TX	1931–2011	1981–1997	—	1997–2011	Reagan	death
62	Robert Madden Hill	TX	1928–1987	1984–1987	—	—	Reagan	death
65	John M. Duhé Jr.	LA	1933–2025	1988–1999	—	1999–2025	Reagan	death
68	Emilio M. Garza	TX	1947–present	1991–2012	—	2012–2015	G.H.W. Bush	retirement
69	Harold R. DeMoss Jr.	TX	1930–2020	1991–2007	—	2007–2015	G.H.W. Bush	retirement
70	Fortunato Benavides	TX	1947–2023	1994–2012	—	2012–2023	Clinton	death
72	Robert Manley Parker	TX	1937–2020	1994–2002	—	—	Clinton	retirement
75	Edward C. Prado	TX	1947–present	2003–2018	—	—	G.W. Bush	retirement
76	Charles W. Pickering	MS	1937–present	2004	—	—	G.W. Bush	retirement
83	Gregg Costa	TX	1972–present	2014–2022	—	—	Obama	resignation

Leadership

Role of the Chief Judge

The Chief Judge of the Fifth Circuit holds significant administrative responsibilities for the entire circuit. This role involves overseeing the court's operations and, when serving on a panel, presiding over it, unless the Circuit Justice (the Supreme Court justice assigned to the circuit) is also present. Unlike the Supreme Court, where the Chief Justice is a specific presidential nomination, the Chief Judge position in the Courts of Appeals rotates among the circuit judges.

Criteria and Term of Service

To qualify as Chief Judge, a judge must have served actively on the court for at least one year, be under the age of 65, and not have previously held the Chief Judge position. The vacancy is filled by the judge with the highest seniority among qualified candidates, determined first by commission date and then by age. The Chief Judge serves a term of seven years or until reaching the age of 70, whichever occurs first. In situations where no judge meets the standard qualifications, the youngest judge over 65 with at least one year of service acts as Chief until a qualified judge emerges. If no judge has served for over a year, the most senior judge assumes the acting Chief role. Judges retain their active status even if they forfeit or resign their chief judgeship.

Historical Evolution of the Chief Judge Role

When the office of Chief Judge was established in 1948, the longest-serving judge who had not opted for senior status (a form of retirement allowing continued service) or declined the role would become Chief. After August 6, 1959, judges were no longer eligible to become or remain Chief Judge after turning 70. The current rules governing the selection and tenure of Chief Judges have been in effect since October 1, 1982, ensuring a structured and consistent leadership transition within the circuit.

Past Chief Judges of the Fifth Circuit

Chief Judge	Term
Hutcheson, Jr.	1948–1959
Rives	1959–1960
Tuttle	1960–1967
Brown	1967–1979
Coleman	1979–1981
Godbold	1981
C. Clark	1981–1992
Politz	1992–1999
C. King	1999–2006
Jones	2006–2012
Stewart	2012–2019
Richman	2019–2024
Elrod	2024–present

Seats

The Fifth Circuit has historically maintained 29 seats for active judges. However, a significant reorganization led to 12 of these seats being reassigned to the United States Court of Appeals for the Eleventh Circuit, resulting in the current configuration of a seventeen-seat court. These seats are numbered sequentially based on their initial establishment. When judges assume senior status, they effectively vacate their active seats, which then allows the U.S. President to appoint new judges, ensuring a continuous flow of judicial appointments.

Seat 1

Established: December 10, 1869 (as circuit judgeship)

Reassigned: June 16, 1891 (to US Court of Appeals)

Pardee (LA) 1891–1919
A. King (GA) 1920–1924
Foster (LA) 1925–1942
Lee (LA) 1943–1949
Borah (LA) 1949–1956
Wisdom (LA) 1957–1977
Rubin (LA) 1977–1989
Barksdale (MS) 1990–2009
Graves, Jr. (MS) 2011–present

Seat 2

Established: June 16, 1891

McCormick (TX) 1892–1916
Batts (TX) 1917–1919
Bryan (FL) 1920–1935
Holmes (MS) 1936–1954
Cameron (MS) 1955–1964
Coleman (MS) 1965–1981
Jolly (MS) 1982–2017
Wilson (MS) 2020–present

Seat 3

Established: January 25, 1899

Shelby (AL) 1899–1914
Walker, Jr. (AL) 1914–1930
Sibley (GA) 1931–1949
Russell (GA) 1949–1955
Brown (TX) 1955–1984
R. Hill (TX) 1984–1987
Wiener, Jr. (LA) 1990–2010
Higginson (LA) 2011–present

Seat 4

Established: June 10, 1930

Hutcheson, Jr. (TX) 1931–1964
Thornberry (TX) 1965–1978
R. Garza (TX) 1979–1982
Higginbotham (TX) 1982–2006
Elrod (TX) 2007–present

Seat 5

Established: May 31, 1938

McCord (AL) 1938–1951
Rives (AL) 1951–1966
Godbold (AL) 1966–1981

Reassigned: October 1, 1981 to 11th Cir.

Seat 6

Established: December 14, 1942

Waller (FL) 1943–1950
Strum (FL) 1950–1954
W. Jones (FL) 1955–1966
Dyer (FL) 1966–1976
Fay (FL) 1976–1981

Reassigned: October 1, 1981 to 11th Cir.

Seat 7

Established: February 10, 1954

Tuttle (GA) 1954–1968
Morgan (GA) 1968–1978
Kravitch (GA) 1979–1981

Reassigned: October 1, 1981 to 11th Cir.

Seat 8

Established: May 19, 1961

Gewin (AL) 1961–1976
Vance (AL) 1977–1981

Reassigned: October 1, 1981 to 11th Cir.

Seat 9

Established: May 19, 1961

Bell (GA) 1961–1976
J. Hill (GA) 1976–1981

Reassigned: October 1, 1981 to 11th Cir.

Seat 10

Established: March 18, 1966 (temporary)

Made Permanent: June 18, 1968

Goldberg (TX) 1966–1980
Williams (TX) 1980–1990
DeMoss, Jr. (TX) 1991–2007
Haynes (TX) 2008–present

Seat 11

Established: March 18, 1966 (temporary)

Made Permanent: June 18, 1968

Ainsworth Jr. (LA) 1966–1981
Davis (LA) 1983–2016
Duncan (LA) 2018–present

Seat 12

Established: March 18, 1966 (temporary)

Made Permanent: June 18, 1968

Simpson (FL) 1966–1975
Tjoflat (FL) 1975–1981

Reassigned: October 1, 1981 to 11th Cir.

Seat 13

Established: March 18, 1966 (temporary)

Made Permanent: June 18, 1968

Clayton (MS) 1967–1969
C. Clark (MS) 1969–1992
Dennis (LA) 1995–2022
Douglas (LA) 2022–present

Seat 14

Established: June 18, 1968

Carswell (FL) 1969–1970
Roney (FL) 1970–1981

Reassigned: October 1, 1981 to 11th Cir.

Seat 15

Established: June 18, 1968

Ingraham (TX) 1969–1973
Gee (TX) 1973–1991
Benavides (TX) 1994–2012
Costa (TX) 2014–2022
Ramirez (TX) 2023–present

Seat 16

Established: October 20, 1978

F. Johnson (AL) 1979–1981

Reassigned: October 1, 1981 to 11th Cir.

Seat 17

Established: October 20, 1978

Henderson (GA) 1979–1981

Reassigned: October 1, 1981 to 11th Cir.

Seat 18

Established: October 20, 1978

Anderson III (GA) 1979–1981

Reassigned: October 1, 1981 to 11th Cir.

Seat 19

Established: October 20, 1978

C. King (TX) 1979–2013
Ho (TX) 2018–present

Seat 20

Established: October 20, 1978

Politz (LA) 1979–1999
Pickering (MS) 2004
Southwick (MS) 2007–present

Seat 21

Established: October 20, 1978

Hatchett (FL) 1979–1981

Reassigned: October 1, 1981 to 11th Cir.

Seat 22

Established: October 20, 1978

Reavley (TX) 1979–1990
E. Garza (TX) 1991–2012
Willett (TX) 2018–present

Seat 23

Established: October 20, 1978

Tate, Jr. (LA) 1979–1986
Duhé Jr. (LA) 1988–1999
Clement (LA) 2001–2018
Engelhardt (LA) 2018–present

Seat 24

Established: October 20, 1978

S. Johnson, Jr. (TX) 1979–1991
Parker (TX) 1994–2002
Prado (TX) 2003–2018
Oldham (TX) 2018–present

Seat 25

Established: October 20, 1978

T. Clark (FL) 1979–1981

Reassigned: October 1, 1981 to 11th Cir.

Seat 26

Established: October 20, 1978

Garwood (TX) 1981–1997
Richman (TX) 2005–present

Seat 27

Established: July 10, 1984

E. Jones (TX) 1985–present

Seat 28

Established: July 10, 1984

Smith (TX) 1987–present

Seat 29

Established: December 1, 1990

Stewart (LA) 1994–present

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References

Recess appointment, confirmed by the United States Senate at a later date.

Recess appointment, never confirmed or rejected by the United States Senate.

28 U.S.C. Â§ 45

A full list of references for this article are available at the United States Court of Appeals for the Fifth Circuit Wikipedia page

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📋 Role of the Chief Judge

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Past Chief Judges of the Fifth Circuit

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Seat 1

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Seat 7

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Seat 9

Seat 10

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Seat 18

Seat 19

Seat 20

Seat 21

Seat 22

Seat 23

Seat 24

Seat 25

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Seat 28

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Dive in with Flashcard Learning!

Overview

A Pillar of Federal Appellate Justice

Geographical Scope and Headquarters

Composition and Leadership

Evolution

Founding and Initial Jurisdiction

Expansion to the Panama Canal Zone

Reorganization and Modern Boundaries

Legacy

The "Fifth Circuit Four" and Civil Rights

Confronting Opposition and Earning a Nickname

Resilience

Impact of Hurricane Katrina

Temporary Relocation and Return

Modern

Judicial Appointments and Ideological Shift

Supreme Court Reversal Rates

Supreme Court Scrutiny and Interpretations

Bench

Alumni

Leadership

Role of the Chief Judge

Criteria and Term of Service

Historical Evolution of the Chief Judge Role

Seats

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Test Your Knowledge!

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Discover other topics to study!

References

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