United States Court of Appeals for the Eleventh Circuit

United States Court of Appeals for the Eleventh Circuit
United States Court of Appeals for the Eleventh Circuit
(11th Cir.)
Location	Elbert P. Tuttle U.S. Court of Appeals Building (Atlanta, Georgia)
Appeals from	Middle District of Alabama; Northern District of Alabama; Southern District of Alabama; Middle District of Florida; Northern District of Florida; Southern District of Florida; Middle District of Georgia; Northern District of Georgia; Southern District of Georgia;
Established	October 1, 1981
Judges	12
Circuit Justice	Clarence Thomas
Chief Judge	William H. Pryor Jr.
	ca11.uscourts.gov

The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal appellate court over the following U.S. district courts:

These districts were originally part of the Fifth Circuit, but were split off to form the Eleventh Circuit on October 1, 1981.^[1] For this reason, Fifth Circuit decisions from before this split are considered binding precedent in the Eleventh Circuit.^[2]^[3]

The court is based at the Elbert P. Tuttle U.S. Court of Appeals Building in Atlanta, Georgia. The building is named for Elbert Tuttle, who served as Chief Judge of the Fifth Circuit in the 1960s and was known for issuing decisions which advanced the civil rights of African-Americans.

The Eleventh Circuit is one of the thirteen United States courts of appeals.

Current composition of the court

As of May 26, 2023^[update]:

#	Title	Judge	Duty station	Born	Term of service			Appointed by
#	Title	Judge	Duty station	Born	Active	Chief	Senior	Appointed by
29	Chief Judge	William H. Pryor Jr.	Birmingham, AL	1962	2004–present^[a]	2020–present	—	G.W. Bush
28	Circuit Judge	Charles R. Wilson	Tampa, FL	1954	1999–present	—	—	Clinton
31	Circuit Judge	Adalberto Jordan	Miami, FL	1961	2012–present	—	—	Obama
32	Circuit Judge	Robin S. Rosenbaum	Fort Lauderdale, FL	1966	2014–present	—	—	Obama
34	Circuit Judge	Jill A. Pryor	Atlanta, GA	1963	2014–present	—	—	Obama
35	Circuit Judge	Kevin Newsom	Birmingham, AL	1972	2017–present	—	—	Trump
36	Circuit Judge	Elizabeth L. Branch	Atlanta, GA	1968	2018–present	—	—	Trump
37	Circuit Judge	Britt Grant	Atlanta, GA	1978	2018–present	—	—	Trump
38	Circuit Judge	Robert J. Luck	Tallahassee, FL	1979	2019–present	—	—	Trump
39	Circuit Judge	Barbara Lagoa	Miami, FL	1967	2019–present	—	—	Trump
40	Circuit Judge	Andrew L. Brasher	Birmingham, AL	1981	2020–present	—	—	Trump
41	Circuit Judge	Nancy Abudu	Atlanta, GA	1974	2023–present	—	—	Biden
9	Senior Circuit Judge	Gerald Bard Tjoflat	Jacksonville, FL	1929	1981–2019^[b]	1989–1996	2019–present	Ford / Operation of law
15	Senior Circuit Judge	R. Lanier Anderson III	Macon, GA	1936	1981–2009^[b]	1999–2002	2009–present	Carter / Operation of law
19	Senior Circuit Judge	James Larry Edmondson	Jasper, GA	1947	1986–2012	2002–2009	2012–present	Reagan
22	Senior Circuit Judge	Joel Fredrick Dubina	Montgomery, AL	1947	1990–2013	2009–2013	2013–present	G.H.W. Bush
23	Senior Circuit Judge	Susan H. Black	Jacksonville, FL	1943	1992–2011	—	2011–present	G.H.W. Bush
24	Senior Circuit Judge	Edward Earl Carnes	Montgomery, AL	1950	1992–2020	2013–2020	2020–present	G.H.W. Bush
26	Senior Circuit Judge	Frank M. Hull	Atlanta, GA	1948	1997–2017	—	2017–present	Clinton
27	Senior Circuit Judge	Stanley Marcus	West Palm Beach, FL	1946	1997–2019	—	2019–present	Clinton
33	Senior Circuit Judge	Julie E. Carnes	Atlanta, GA	1950	2014–2018	—	2018–present	Obama

Vacancies and pending nominations

Seat	Prior judge's duty station	Seat last held by	Vacancy reason	Date of vacancy	Nominee	Date of nomination
11	Tampa, FL	Charles R. Wilson	Senior status	December 31, 2024^[4]	Embry Kidd	May 14, 2024

List of former judges

#	Judge	State	Born–died	Active service	Chief Judge	Senior status	Appointed by	Reason for termination
1	Richard Rives	AL	1895–1982	—	—	1981–1982^[b]	Truman / Operation of law	death
2	Elbert Tuttle	GA	1897–1996	—	—	1981–1996^[b]	Eisenhower / Operation of law	death
3	Warren Leroy Jones	FL	1895–1993	—	—	1981–1993^[b]	Eisenhower / Operation of law	death
4	John Cooper Godbold	AL	1920–2009	1981–1987^[b]	1981–1986	1987–2009	L. Johnson / Operation of law	death
5	David William Dyer	FL	1910–1998	—	—	1981–1998^[b]	L. Johnson / Operation of law	death
6	John Milton Bryan Simpson	FL	1903–1987	—	—	1981–1987^[b]	L. Johnson / Operation of law	death
7	Lewis Render Morgan	GA	1913–2001	—	—	1981–2001^[b]	L. Johnson / Operation of law	death
8	Paul Hitch Roney	FL	1921–2006	1981–1989^[b]	1986–1989	1989–2006	Nixon / Operation of law	death
10	James Clinkscales Hill	FL	1924–2017	1981–1989^[b]	—	1989–2017	Ford / Operation of law	death
11	Peter T. Fay	FL	1929–2021	1981–1994^[b]	—	1994–2021	Ford / Operation of law	death
12	Robert Smith Vance	AL	1931–1989	1981–1989^[b]	—	—	Carter / Operation of law	death
13	Phyllis A. Kravitch	GA	1920–2017	1981–1996^[b]	—	1996–2017	Carter / Operation of law	death
14	Frank Minis Johnson	AL	1918–1999	1981–1991^[b]	—	1991–1999	Carter / Operation of law	death
16	Joseph W. Hatchett	FL	1932–2021	1981–1999^[b]	1996–1999	—	Carter / Operation of law	retirement
17	Albert John Henderson	GA	1920–1999	1981–1986^[b]	—	1986–1999	Carter / Operation of law	death
18	Thomas Alonzo Clark	FL	1920–2005	1981–1991^[b]	—	1991–2005	Carter / Operation of law	death
20	Emmett Ripley Cox	AL	1935–2021	1988–2000	—	2000–2021	Reagan	death
21	Stanley F. Birch Jr.	GA	1945–present	1990–2010	—	—	G.H.W. Bush	retirement
25	Rosemary Barkett	FL	1939–present	1994–2013	—	—	Clinton	retirement
30	Beverly B. Martin	GA	1955–present	2010–2021	—	—	Obama	retirement

Chief judges

Chief Judge
Godbold	1981–1986
Roney	1986–1989
Tjoflat	1989–1996
Hatchett	1996–1999
Anderson	1999–2002
Edmondson	2002–2009
Dubina	2009–2013
E. Carnes	2013–2020
W. Pryor, Jr.	2020–present

Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless the circuit justice (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, with seniority determined first by commission date, then by age. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. If no judge qualifies to be chief, the youngest judge over the age of 65 who has served on the court for at least one year shall act as chief until another judge qualifies. If no judge has served on the court for more than a year, the most senior judge shall act as chief. Judges can forfeit or resign their chief judgeship or acting chief judgeship while retaining their active status as a circuit judge.^[5]

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 or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.^[6]

Succession of seats

The court has twelve seats for active judges, numbered in the order in which they were initially filled. Judges who assume senior status enter a kind of retirement in which they remain on the bench but vacate their seats, thus allowing the U.S. President to appoint new judges to fill their seats.

Seat 1
Established on May 31, 1938 as a seat of the United States Court of Appeals for the Fifth Circuit by 52 Stat. 584
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Godbold	AL	1981–1987
Cox	AL	1988–2000
W. Pryor, Jr.	AL	2004–present

Seat 2
Established on June 18, 1968 as a seat of the United States Court of Appeals for the Fifth Circuit by 82 Stat. 184
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Roney	FL	1981–1989
Barkett	FL	1994–2013
Rosenbaum	FL	2014–present

Seat 3
Established on March 18, 1966 as a temporary seat of the United States Court of Appeals for the Fifth Circuit by 80 Stat. 75
Made permanent on June 18, 1968 by 82 Stat. 184
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Tjoflat	FL	1981–2019
Luck	FL	2019–present

Seat 4
Established on May 19, 1961 as a seat of the United States Court of Appeals for the Fifth Circuit by 75 Stat. 80
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Hill	GA	1981–1989
Birch, Jr.	GA	1990–2010
J. Pryor	GA	2014–present

Seat 5
Established on December 14, 1942 as a seat of the United States Court of Appeals for the Fifth Circuit by 56 Stat. 1050
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Fay	FL	1981–1994
Marcus	FL	1997–2019
Lagoa	FL	2019–present

Seat 6
Established on May 19, 1961 as a seat of the United States Court of Appeals for the Fifth Circuit by 75 Stat. 80
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Vance	AL	1981–1989
Dubina	AL	1990–2013
Newsom	AL	2017–present

Seat 7
Established on February 10, 1954 as a seat of the United States Court of Appeals for the Fifth Circuit by 68 Stat. 8
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Kravitch	GA	1981–1996
Hull	GA	1997–2017
Branch	GA	2018–present

Seat 8
Established on October 20, 1978 as a seat of the United States Court of Appeals for the Fifth Circuit by 92 Stat. 1629
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Johnson	AL	1981–1991
E. Carnes	AL	1992–2020
Brasher	AL	2020–present

Seat 9
Established on October 20, 1978 as a seat of the United States Court of Appeals for the Fifth Circuit by 92 Stat. 1629
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Anderson	GA	1981–2009
Martin	GA	2010–2021
Abudu	GA	2023–present

Seat 10
Established on October 20, 1978 as a seat of the United States Court of Appeals for the Fifth Circuit by 92 Stat. 1629
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Henderson	GA	1981–1986
Edmondson	GA	1986–2012
J. Carnes	GA	2014–2018
Grant	GA	2018–present

Seat 11
Established on October 20, 1978 as a seat of the United States Court of Appeals for the Fifth Circuit by 92 Stat. 1629
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Hatchett	FL	1981–1999
Wilson	FL	1999–present

Seat 12
Established on October 20, 1978 as a seat of the United States Court of Appeals for the Fifth Circuit by 92 Stat. 1629
Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Clark	FL	1981–1991
Black	FL	1992–2011
Jordan	FL	2012–present

Notes

^ Recess appointment; formally nominated on April 9, 2003, given a recess appointment on February 20, 2004, confirmed by the United States Senate on June 9, 2005, and received commission on June 10, 2005
^ ^a ^b ^c ^d ^e ^f ^g ^h ⁱ ^j ^k ^l ^m ⁿ ^o ^p ^q ^r Reassigned from the 5th Circuit.

References

Citations

^ Fifth Circuit Court of Appeals Reorganization Act of 1980, Pub. L.Tooltip Public Law (United States) 96–452, 94 Stat. 1994, enacted October 14, 1980
^ Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981).
^ Stein v. Reynolds Secs., Inc., 667 F.2d 33 (11th Cir. 1982).
^ Raymond, Nate (January 23, 2024). "11th Circuit's Wilson to take senior status, creating vacancy". Reuters. Archived from the original on January 24, 2024. Retrieved January 26, 2024.
^ 28 U.S.C. § 45
^ 62 Stat. 871, 72 Stat. 497, 96 Stat. 51

Sources

"Standard Search". Federal Law Clerk Information System. Archived from the original on October 21, 2005. Retrieved June 20, 2005.
- primary but incomplete source for the duty stations
"Instructions for Judicial Directory". Website of the University of Texas Law School. Archived from the original on November 11, 2005. Retrieved July 4, 2005.
- secondary source for the duty stations
- data is current to 2002
"U. S. Court of Appeals for the Eleventh Circuit". Official website of the Federal Judicial Center. Archived from the original on April 24, 2005. Retrieved June 20, 2005.
- source for the state, lifetime, term of active judgeship, term of chief judgeship, term of senior judgeship, appointer, termination reason, and seat information