The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:

The court is based at the Lewis F. Powell Jr. United States Courthouse in Richmond, Virginia. With 15 authorized judgeships, it is the 4th largest circuit among the 13 United States Courts of Appeals.

Lewis F. Powell, Jr. Courthouse

Current composition of the court

As of March 19, 2024[update]:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
ActiveChiefSenior
48Chief JudgeAlbert DiazCharlotte, NC19602010–present2023–present—Obama
30Circuit JudgeJ. Harvie Wilkinson IIICharlottesville, VA19441984–present1996–2003—Reagan
33Circuit JudgePaul V. NiemeyerBaltimore, MD19411990–present——G.H.W. Bush
40Circuit JudgeRobert Bruce KingCharleston, WV19401998–present——Clinton
41Circuit JudgeRoger GregoryRichmond, VA19532000–present2016–2023—Clinton / G.W. Bush
44Circuit JudgeG. Steven AgeeSalem, VA19522008–present——G.W. Bush
47Circuit JudgeJames Andrew WynnRaleigh, NC19542010–present——Obama
50Circuit JudgeStephanie ThackerCharleston, WV19652012–present——Obama
51Circuit JudgePamela HarrisBethesda, MD19622014–present——Obama
52Circuit JudgeJulius N. RichardsonColumbia, SC19762018–present——Trump
53Circuit JudgeA. Marvin Quattlebaum Jr.Greenville, SC19642018–present——Trump
54Circuit JudgeAllison Jones RushingAsheville, NC19822019–present——Trump
55Circuit JudgeToby J. HeytensAlexandria, VA19752021–present——Biden
56Circuit JudgeDeAndrea G. BenjaminColumbia, SC19722023–present——Biden
57Circuit JudgeNicole BernerBaltimore, MD19652024–present——Biden
38Senior JudgeDiana Gribbon Motzinactive19431994–2022—2022–presentClinton
39Senior JudgeWilliam Byrd Traxler Jr.Greenville, SC19481998–20182009–20162018–presentClinton
46Senior JudgeBarbara Milano KeenanAlexandria, VA19502010–2021—2021–presentObama
49Senior JudgeHenry F. FloydSpartanburg, SC19472011–2021—2021–presentObama

List of former judges

#JudgeStateBorn–diedActive serviceChief JudgeSenior statusAppointed byReason for termination
1Hugh Lennox BondMD1828–18931891–1893——Grant / Operation of lawdeath
2Nathan Goff Jr.WV1843–19201892–1913——B. Harrisonresignation
3Charles Henry SimontonSC1829–19041893–1904——Clevelanddeath
4Jeter Connelly PritchardNC1857–19211904–1921——T. Rooseveltdeath
5Martin Augustine KnappNY1843–19231916–1923——death
6Charles Albert WoodsSC1852–19251913–1925——Wilsondeath
7Edmund Waddill Jr.VA1855–19311921–1931——Hardingdeath
8John Carter RoseMD1861–19271922–1927——Hardingdeath
9John J. ParkerNC1885–19581925–19581948–1958—Coolidgedeath
10Elliott NorthcottWV1869–19461927–1939—1939–1946Coolidgedeath
11Morris Ames SoperMD1873–19631931–1955—1955–1963Hooverdeath
12Armistead Mason DobieVA1881–19621939–1956—1956–1962F. Rooseveltdeath
13Simon SobeloffMD1894–19731956–19701958–19641970–1973Eisenhowerdeath
14Clement HaynsworthSC1912–19891957–19811964–19811981–1989Eisenhowerdeath
15Herbert BoremanWV1897–19821959–1971—1971–1982Eisenhowerdeath
16Albert Vickers BryanVA1899–19841961–1972—1972–1984Kennedydeath
17J. Spencer BellNC1906–19671961–1967——Kennedydeath
18Harrison Lee WinterMD1921–19901966–19901981–19891990L. Johnsondeath
19James Braxton Craven Jr.NC1918–19771966–1977——L. Johnsondeath
20John D. Butzner Jr.VA1917–20061967–1982—1982–2006L. Johnsondeath
21Donald S. RussellSC1906–19981971–1998——Nixondeath
22John A. Field Jr.WV1910–19951971–1976—1976–1995Nixondeath
23Hiram Emory Widener Jr.VA1923–20071972–2007—2007Nixondeath
24Kenneth Keller HallWV1918–19991976–1998—1998–1999Forddeath
25James Dickson Phillips Jr.NC1922–20171978–1994—1994–2017Carterdeath
26Francis Murnaghan Jr.MD1920–20001979–2000——Carterdeath
27James Marshall SprouseWV1923–20041979–1992—1992–1995Carterretirement
28Samuel James Ervin IIINC1926–19991980–19991989–1996—Carterdeath
29Robert F. ChapmanSC1926–20181981–1991—1991–2018Reagandeath
31Emory M. SneedenNC1927–19871984–1986——Reaganresignation
32William Walter WilkinsSC1942–present1986–20072003–20072007–2008Reaganretirement
34Clyde H. HamiltonSC1934–20201991–1999—1999–2020G.H.W. Bushdeath
35J. Michael LuttigVA1954–present1991–2006——G.H.W. Bushresignation
36Karen J. WilliamsSC1951–20131992–20092007–20092009–2013G.H.W. Bushdeath
37M. Blane MichaelWV1943–20111993–2011——Clintondeath
38Diana Gribbon MotzMD1943–present1994–2022—2022-2024Clintonretirement
42Dennis SheddSC1953–present2002–2018—2018–2022G.W. Bushretirement
43Allyson K. DuncanNC1951–present2003–2019—2019G.W. Bushretirement
45Andre M. DavisMD1949–present2009–2014—2014–2017Obamaretirement

Chief judges

Chief Judge
Parker1948–1958
Sobeloff1958–1964
Haynsworth1964–1981
Winter1981–1989
Ervin III1989–1996
Wilkinson III1996–2003
Wilkins2003–2007
Williams2007–2009
Traxler, Jr.2009–2016
Gregory2016–2023
Diaz2023–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 fifteen 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 Fourth Circuit Reassigned on June 16, 1891 to the United States Circuit Court of Appeals for the Fourth Circuit by the Judiciary Act of 1891 Bond MD 1891–1893 Simonton SC 1893–1904 Pritchard NC 1904–1921 Waddill, Jr. VA 1921–1931 Soper MD 1932–1955 Sobeloff MD 1956–1970 Russell SC 1971–1998 Traxler, Jr. SC 1998–2018 Quattlebaum, Jr. SC 2018–presentSeat 2 Established on June 16, 1891 by the Judiciary Act of 1891 Goff, Jr. WV 1892–1913 Woods SC 1913–1925 Parker NC 1925–1958 Boreman WV 1959–1971 Field, Jr. WV 1971–1976 Hall WV 1976–1998 King WV 1998–presentSeat 3 Established on September 14, 1922 by 42 Stat. 837 Rose MD 1922–1927 Northcott WV 1927–1939 Dobie VA 1940–1956 Haynsworth SC 1957–1981 Chapman SC 1981–1991 Williams SC 1992–2009 Floyd SC 2011–2021 Benjamin SC 2023–presentSeat 4 Established on May 19, 1961 by 75 Stat. 80 Bryan VA 1961–1972 Widener, Jr. VA 1972–2007 Keenan VA 2010–2021 Heytens VA 2021–present
Established on December 10, 1869 by the Judiciary Act of 1869 as a circuit judgeship for the Fourth Circuit
Reassigned on June 16, 1891 to the United States Circuit Court of Appeals for the Fourth Circuit by the Judiciary Act of 1891
BondMD1891–1893
SimontonSC1893–1904
PritchardNC1904–1921
Waddill, Jr.VA1921–1931
SoperMD1932–1955
SobeloffMD1956–1970
RussellSC1971–1998
Traxler, Jr.SC1998–2018
Quattlebaum, Jr.SC2018–present
Seat 2
Established on June 16, 1891 by the Judiciary Act of 1891
Goff, Jr.WV1892–1913
WoodsSC1913–1925
ParkerNC1925–1958
BoremanWV1959–1971
Field, Jr.WV1971–1976
HallWV1976–1998
KingWV1998–present
Seat 3
Established on September 14, 1922 by 42 Stat. 837
RoseMD1922–1927
NorthcottWV1927–1939
DobieVA1940–1956
HaynsworthSC1957–1981
ChapmanSC1981–1991
WilliamsSC1992–2009
FloydSC2011–2021
BenjaminSC2023–present
Seat 4
Established on May 19, 1961 by 75 Stat. 80
BryanVA1961–1972
Widener, Jr.VA1972–2007
KeenanVA2010–2021
HeytensVA2021–present
Seat 5
Seat 5 Established on May 19, 1961 by 75 Stat. 80 Bell NC 1961–1967 Butzner, Jr. VA 1967–1982 Wilkinson III VA 1984–presentSeat 6 Established on March 18, 1966 by 80 Stat. 75 Winter MD 1966–1990 Niemeyer MD 1990–presentSeat 7 Established on March 18, 1966 by 80 Stat. 75 Craven, Jr. NC 1966–1977 Phillips, Jr. NC 1978–1994 Wynn NC 2010–presentSeat 8 Established on October 20, 1978 by 92 Stat. 1629 Murnaghan, Jr. MD 1979–2000 Davis MD 2009–2014 Harris MD 2014–present
Established on May 19, 1961 by 75 Stat. 80
BellNC1961–1967
Butzner, Jr.VA1967–1982
Wilkinson IIIVA1984–present
Seat 6
Established on March 18, 1966 by 80 Stat. 75
WinterMD1966–1990
NiemeyerMD1990–present
Seat 7
Established on March 18, 1966 by 80 Stat. 75
Craven, Jr.NC1966–1977
Phillips, Jr.NC1978–1994
WynnNC2010–present
Seat 8
Established on October 20, 1978 by 92 Stat. 1629
Murnaghan, Jr.MD1979–2000
DavisMD2009–2014
HarrisMD2014–present
Seat 9
Seat 9 Established on October 20, 1978 by 92 Stat. 1629 Sprouse WV 1979–1992 Michael WV 1993–2011 Thacker WV 2012–presentSeat 10 Established on October 20, 1978 by 92 Stat. 1629 Ervin III NC 1980–1999 Duncan NC 2003–2019 Rushing NC 2019–presentSeat 11 Established on July 10, 1984 by 98 Stat. 333 Sneeden NC 1984–1986 Wilkins SC 1986–2007 Diaz NC 2010–presentSeat 12 Established on December 1, 1990 by 104 Stat. 5089 Hamilton SC 1991–1999 Shedd SC 2002–2018 Richardson SC 2018–present
Established on October 20, 1978 by 92 Stat. 1629
SprouseWV1979–1992
MichaelWV1993–2011
ThackerWV2012–present
Seat 10
Established on October 20, 1978 by 92 Stat. 1629
Ervin IIINC1980–1999
DuncanNC2003–2019
RushingNC2019–present
Seat 11
Established on July 10, 1984 by 98 Stat. 333
SneedenNC1984–1986
WilkinsSC1986–2007
DiazNC2010–present
Seat 12
Established on December 1, 1990 by 104 Stat. 5089
HamiltonSC1991–1999
SheddSC2002–2018
RichardsonSC2018–present
Seat 13
Seat 13 Established on December 1, 1990 by 104 Stat. 5089 Luttig VA 1991–2006 Agee VA 2008–presentSeat 14 Established on December 1, 1990 by 104 Stat. 5089 Motz MD 1994–2022 Berner MD 2024–presentSeat 15 Established on December 1, 1990 by 104 Stat. 5089 Gregory VA 2000–present
Established on December 1, 1990 by 104 Stat. 5089
LuttigVA1991–2006
AgeeVA2008–present
Seat 14
Established on December 1, 1990 by 104 Stat. 5089
MotzMD1994–2022
BernerMD2024–present
Seat 15
Established on December 1, 1990 by 104 Stat. 5089
GregoryVA2000–present

Practice in the 4th Circuit

From 2000 to 2008, the Court had the highest rate of non-publication (92%) on the Federal Circuit.

The Chief Justice is always assigned to the Fourth Circuit as the circuit justice, due to Richmond's close proximity to Washington, D.C.[citation needed]

The Fourth Circuit is considered an extremely collegial court. By tradition, the judges of the Fourth Circuit come down from the bench following each oral argument to greet the lawyers.

Case law

See also

Notes

External links

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