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 nineteen 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 and has jurisdiction over 560,625 square miles, or roughly one seventh of the country's land mass.

History

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.

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.

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.

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.

Current composition of the court

As of December 13, 2023[update]:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
ActiveChiefSenior
38Chief JudgeJerome HolmesOklahoma City, OK19612006–present2022–present—G.W. Bush
33Circuit JudgeHarris HartzAlbuquerque, NM19472001–present——G.W. Bush
36Circuit JudgeTimothy TymkovichDenver, CO19562003–present2015–2022—G.W. Bush
39Circuit JudgeScott Matheson Jr.Salt Lake City, UT19532010–present——Obama
40Circuit JudgeRobert E. BacharachOklahoma City, OK19592013–present——Obama
41Circuit JudgeGregory A. PhillipsCheyenne, WY19602013–present——Obama
42Circuit JudgeCarolyn B. McHughSalt Lake City, UT19572014–present——Obama
43Circuit JudgeNancy MoritzTopeka, KS19602014–present——Obama
44Circuit JudgeAllison H. EidDenver, CO19652017–present——Trump
45Circuit JudgeJoel M. Carson IIIRoswell, NM19712018–present——Trump
46Circuit JudgeVeronica S. RossmanDenver, CO19722021–present——Biden
47Circuit JudgeRichard FedericoTopeka, KS19772023–present——Biden
21Senior JudgeStephanie Kulp Seymourinactive19401979–20051994–20002005–presentCarter
22Senior JudgeJohn Carbone Porfilioinactive19341985–1999—1999–presentReagan
23Senior JudgeStephen H. Andersoninactive19321985–2000—2000–presentReagan
25Senior JudgeBobby BaldockRoswell, NM19361985–2001—2001–presentReagan
26Senior JudgeWade Brorbyinactive19341988–2001—2001–presentReagan
27Senior JudgeDavid M. EbelDenver, CO19401988–2006—2006–presentReagan
28Senior JudgePaul Joseph Kelly Jr.Santa Fe, NM19401992–2017—2017–presentG.H.W. Bush
30Senior JudgeMary Beck Briscoeinactive19471995–20212010–20152021–presentClinton
31Senior JudgeCarlos F. LuceroDenver, CO19401995–2021—2021–presentClinton
32Senior JudgeMichael R. MurphySalt Lake City, UT19471995–2012—2012–presentClinton
34Senior JudgeTerrence L. O'BrienCheyenne, WY19432002–2013—2013–presentG.W. Bush

Vacancies and pending nominations

SeatPrior Judge's Duty StationSeat last held byVacancy reasonDate of vacancyNomineeDate of nomination
4Denver, COTimothy TymkovichSenior statusTBDDaniel D. DomenicoMay 12, 2026

List of former judges

#JudgeStateBorn–diedActive serviceChief JudgeSenior statusAppointed byReason for termination
1Robert E. LewisCO1857–19411929–1940—1940–1941Harding / Operation of lawdeath
2John Hazelton CotteralOK1864–19331929–1933——Coolidge / Operation of lawdeath
3Orie Leon PhillipsNM1885–19741929–19561948–19561956–1974Hooverdeath
4George McDermottKS1886–19371929–1937——Hooverdeath
5Sam G. BrattonNM1888–19631933–19611956–19591961–1963F. Rooseveltdeath
6Robert L. WilliamsOK1868–19481937–1939—1939–1948F. Rooseveltdeath
7Walter A. HuxmanKS1887–19721939–1957—1957–1972F. Rooseveltdeath
8Alfred P. MurrahOK1904–19751940–19701959–19701970–1975F. Rooseveltdeath
9John Coleman PickettWY1896–19831949–1966—1966–1983Trumandeath
10David Thomas LewisUT1912–19831956–19771970–19771977–1983Eisenhowerdeath
11Jean Sala BreitensteinCO1900–19861957–1970—1970–1986Eisenhowerdeath
12Delmas Carl HillKS1906–19891961–1977—1977–1989Kennedydeath
13Oliver SethNM1915–19961962–19841977–19841984–1996Kennedydeath
14Joe HickeyWY1911–19701966–1970——L. Johnsondeath
15William Holloway Jr.OK1923–20141968–19921984–19911992–2014L. Johnsondeath
16Robert McWilliams Jr.CO1916–20131970–1984—1984–2013Nixondeath
17James Emmett BarrettWY1922–20111971–1987—1987–2011Nixondeath
18William Edward DoyleCO1911–19861971–1984—1984–1986Nixondeath
19Monroe G. McKayUT1928–20201977–19931991–19931993–2020Carterdeath
20James Kenneth LoganKS1929–20181977–1994—1994–1998Carterretirement
24Deanell Reece TachaKS1946–present1985–20112001–20082011Reaganretirement
29Robert Harlan HenryOK1953–present1994–20102008–2010—Clintonresignation
35Michael W. McConnellUT1955–present2002–2009——G.W. Bushresignation
37Neil GorsuchCO1967–present2006–2017——G.W. Bushelevation

Chief judges

Chief Judge
Phillips1948–1956
Bratton1956–1959
Murrah1959–1970
Lewis1970–1977
Seth1977–1984
Holloway, Jr.1984–1991
McKay1991–1993
Seymour1994–2000
Tacha2001–2008
Henry2008–2010
Briscoe2010–2015
Tymkovich2015–2022
Holmes2022–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.

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.

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
Seat 1 Established on December 10, 1869 by the Judiciary Act of 1869 as a circuit judgeship for the Eighth Circuit Reassigned on June 16, 1891 to the United States Circuit Court of Appeals for the Eighth Circuit by the Judiciary Act of 1891 Reassigned on February 28, 1929 to the United States Circuit Court of Appeals for the Tenth Circuit by 45 Stat. 1346 R. Lewis CO 1929–1940 Murrah OK 1940–1970 Doyle CO 1971–1984 Ebel CO 1988–2006 Gorsuch CO 2006–2017 Eid CO 2017–presentSeat 2 Established on June 16, 1891 by the Judiciary Act of 1891 as a seat of the Circuit Court of Appeals for the Eighth Circuit Reassigned on February 28, 1929 to the United States Circuit Court of Appeals for the Tenth Circuit by 45 Stat. 1346 Cotteral OK 1929–1933 Bratton NM 1933–1961 Seth NM 1962–1984 Baldock NM 1985–2001 Hartz NM 2001–presentSeat 3 Established on February 28, 1929 by 45 Stat. 1346 Phillips NM 1929–1956 D. Lewis UT 1956–1977 McKay UT 1977–1993 Murphy UT 1995–2012 McHugh UT 2014–presentSeat 4 Established on February 28, 1929 by 45 Stat. 1346 McDermott KS 1929–1937 Williams OK 1937–1939 Huxman KS 1939–1957 Breitenstein CO 1957–1970 McWilliams, Jr. CO 1970–1984 Porfilio CO 1985–1999 Tymkovich CO 2003–present
Established on December 10, 1869 by the Judiciary Act of 1869 as a circuit judgeship for the Eighth Circuit
Reassigned on June 16, 1891 to the United States Circuit Court of Appeals for the Eighth Circuit by the Judiciary Act of 1891
Reassigned on February 28, 1929 to the United States Circuit Court of Appeals for the Tenth Circuit by 45 Stat. 1346
R. LewisCO1929–1940
MurrahOK1940–1970
DoyleCO1971–1984
EbelCO1988–2006
GorsuchCO2006–2017
EidCO2017–present
Seat 2
Established on June 16, 1891 by the Judiciary Act of 1891 as a seat of the Circuit Court of Appeals for the Eighth Circuit
Reassigned on February 28, 1929 to the United States Circuit Court of Appeals for the Tenth Circuit by 45 Stat. 1346
CotteralOK1929–1933
BrattonNM1933–1961
SethNM1962–1984
BaldockNM1985–2001
HartzNM2001–present
Seat 3
Established on February 28, 1929 by 45 Stat. 1346
PhillipsNM1929–1956
D. LewisUT1956–1977
McKayUT1977–1993
MurphyUT1995–2012
McHughUT2014–present
Seat 4
Established on February 28, 1929 by 45 Stat. 1346
McDermottKS1929–1937
WilliamsOK1937–1939
HuxmanKS1939–1957
BreitensteinCO1957–1970
McWilliams, Jr.CO1970–1984
PorfilioCO1985–1999
TymkovichCO2003–present
Seat 5
Seat 5 Established on August 3, 1949 by 63 Stat. 493 Pickett WY 1949–1966 Hickey WY 1966–1970 Barrett WY 1971–1987 Brorby WY 1988–2001 O'Brien WY 2002–2013 Phillips WY 2013–presentSeat 6 Established on May 19, 1961 by 75 Stat. 80 Hill KS 1961–1977 Logan KS 1977–1994 Briscoe KS 1995–2021 Federico KS 2023–presentSeat 7 Established on June 18, 1968 by 82 Stat. 184 Holloway, Jr. OK 1968–1992 Henry OK 1994–2010 Bacharach OK 2013–presentSeat 8 Established on October 20, 1978 by 92 Stat. 1629 Seymour OK 1979–2005 Holmes OK 2006–present
Established on August 3, 1949 by 63 Stat. 493
PickettWY1949–1966
HickeyWY1966–1970
BarrettWY1971–1987
BrorbyWY1988–2001
O'BrienWY2002–2013
PhillipsWY2013–present
Seat 6
Established on May 19, 1961 by 75 Stat. 80
HillKS1961–1977
LoganKS1977–1994
BriscoeKS1995–2021
FedericoKS2023–present
Seat 7
Established on June 18, 1968 by 82 Stat. 184
Holloway, Jr.OK1968–1992
HenryOK1994–2010
BacharachOK2013–present
Seat 8
Established on October 20, 1978 by 92 Stat. 1629
SeymourOK1979–2005
HolmesOK2006–present
Seat 9
Seat 9 Established on July 10, 1984 by 98 Stat. 333 Anderson UT 1985–2000 McConnell UT 2002–2009 Matheson, Jr. UT 2010–presentSeat 10 Established on July 10, 1984 by 98 Stat. 333 Tacha KS 1985–2011 Moritz KS 2014–presentSeat 11 Established on December 1, 1990 by 104 Stat. 5089 Kelly, Jr. NM 1992–2017 Carson III NM 2018–presentSeat 12 Established on December 1, 1990 by 104 Stat. 5089 Lucero CO 1995–2021 Rossman CO 2021–present
Established on July 10, 1984 by 98 Stat. 333
AndersonUT1985–2000
McConnellUT2002–2009
Matheson, Jr.UT2010–present
Seat 10
Established on July 10, 1984 by 98 Stat. 333
TachaKS1985–2011
MoritzKS2014–present
Seat 11
Established on December 1, 1990 by 104 Stat. 5089
Kelly, Jr.NM1992–2017
Carson IIINM2018–present
Seat 12
Established on December 1, 1990 by 104 Stat. 5089
LuceroCO1995–2021
RossmanCO2021–present

See also

Notes

  • . Federal Law Clerk Information System. Archived from on October 21, 2005. primary but incomplete source for the duty stations
  • . Website of the University of Texas Law School. Archived from on November 11, 2005. secondary source for the duty stations data is current to 2002
  • . Official website of the Federal Judicial Center. Archived from on January 1, 2005. source for the state, lifetime, term of active judgeship, term of chief judgeship, term of senior judgeship, appointer, termination reason, and seat information

External links