United States Court of Appeals for the Tenth Circuit

Tenth Circuit

Court of Appeals
Judgeships
Posts: 12
Judges: 11
Vacancies: 1
Judges
Chief: Timothy Tymkovich
Active judges: Robert Bacharach, Joel Carson, Allison Eid, Harris Hartz, Jerome Holmes, Scott Matheson, Carolyn McHugh, Nancy Moritz, Gregory Alan Phillips, Veronica Rossman, Timothy Tymkovich

Senior judges:
Stephen Anderson, Bobby Baldock, Mary Briscoe, Wade Brorby, David Ebel, Paul Kelly, Carlos F. Lucero, Michael R. Murphy, Terrence O'Brien, John Porfilio, Stephanie Seymour

The United States Court of Appeals for the Tenth Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States. Appeals are heard in the Byron White U.S. Courthouse in Denver.

One judge from the Tenth Circuit has served on the Supreme Court of the United States. Neil Gorsuch was appointed to the Supreme Court in 2017 by Donald Trump (R).

This page contains the following information on the Tenth Circuit.

* An overview of the court's jurisdiction
* A list of the court's active and senior judges
* A list of the court's current vacancies
* A brief history of the court
* Case reversal statistics by the Supreme Court of the United States
* Noteworthy cases heard by the court
* A list of the court's former judges
* Information about U.S. Courts of Appeals
* Where the court is located

## Vacancies[edit]

See also: Current federal judicial vacancies

There is one current vacancy on the Tenth Circuit, out of the court's 12 judicial positions.

### Pending nominations[edit]

There are no pending nominees for this court.

## Active judges[edit]

### Article III judges[edit]

Judge | Appointed By | Assumed Office | Bachelors | Law

|
|
|
|

Harris Hartz

George W. Bush (R)

|  December 10, 2001  |

Harvard College, 1967

Harvard Law School, 1972

Timothy Tymkovich

George W. Bush (R)

|  April 1, 2003  |

Colorado College, 1979

University of Colorado School of Law, 1982

Jerome Holmes

George W. Bush (R)

|  August 9, 2006  |

Wake Forest University, 1983

Georgetown University Law Center, 1988

Scott Matheson

Barack Obama (D)

|  December 27, 2010  |

Stanford University, 1975

Yale Law School, 1980

Robert Bacharach

Barack Obama (D)

|  February 28, 2013  |

University of Oklahoma, 1981

University of Washington School of Law, 1985

Gregory Alan Phillips

Barack Obama (D)

|  July 9, 2013  |

University of Wyoming, 1983

University of Wyoming College of Law, 1987

Carolyn McHugh

Barack Obama (D)

|  March 14, 2014  |

University of Utah, 1978

University of Utah College of Law, 1982

Nancy Moritz

Barack Obama (D)

|  July 29, 2014  |

Washburn University, 1982

Washburn Law School, 1985

Allison Eid

Donald Trump (R)

|  November 3, 2017  |

Stanford University, 1987

University of Chicago Law School, 1991

Joel Carson

Donald Trump (R)

|  May 17, 2018  |

Texas Tech University, 1994

University of New Mexico School of Law, 1997

Veronica Rossman

Joe Biden (D)

|  September 28, 2021  |

Columbia University, 1993

University of California, Hastings College of the Law, 1997

#### Active Article III judges by appointing political party[edit]

Below is a display of the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

* Democrat appointed: 6
* Republican appointed: 5

### Senior judges[edit]

Senior status is a classification for federal judges at all levels who are semi-retired. Senior judges are Article III judges who, having met eligibility through age and service requirements, continue to serve on federal courts while typically hearing a reduced number of cases. Some senior judges, however, elect to retain a full caseload after taking senior status. According to the Administrative Office of U.S. Courts, senior judges "typically handle about 15 percent of the federal courts' workload annually."[1] The date listed under assumed office in the table below reflects the date that the judge took senior status.

Judge | Appointed By | Assumed Office | Bachelors | Law

|
|
|
|

John Porfilio

Ronald Reagan (R)

|  October 15, 1999  |

University of Denver, 1956

University of Denver College of Law, 1959

Stephen Anderson

Ronald Reagan (R)

|  January 1, 2000  |  |

University of Utah School of Law, 1960

Bobby Baldock

Ronald Reagan (R)

|  January 26, 2001  |

New Mexico Military Institute, 1956

University of Arizona College of Law, 1960

Wade Brorby

Ronald Reagan (R)

|  May 25, 2001  |

University of Wyoming, 1956

University of Wyoming College of Law, 1958

Stephanie Seymour

Jimmy Carter (D)

|  October 16, 2005  |

Smith College, 1962

Harvard Law School, 1965

David Ebel

Ronald Reagan (R)

|  January 16, 2006  |

Northwestern University, 1962

University of Michigan Law School, 1965

Michael R. Murphy

Bill Clinton (D)

|  December 31, 2012  |

Creighton University, 1969

University of Wyoming College of Law, 1972

Terrence O'Brien

George W. Bush (R)

|  April 30, 2013  |

University of Wyoming, 1965

University of Wyoming College of Law, 1972

Paul Kelly

George H.W. Bush (R)

|  December 31, 2017  |

University of Notre Dame, 1963

Fordham University School of Law, 1967

Carlos F. Lucero

Bill Clinton (D)

|  February 1, 2021  |

Adams State College, 1961

George Washington University Law Center, 1964

Mary Briscoe

Bill Clinton (D)

|  March 15, 2021  |

University of Kansas, 1969

University of Kansas, School of Law, 1973

#### Senior judges by appointing political party[edit]

Below is a display of the number of senior judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

* Democrat appointed: 4
* Republican appointed: 7

### Former chief judges[edit]

In order to qualify for the office of chief judge in one of the federal courts, 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 in the office of chief judge is filled by the judge highest in seniority among the group of qualified judges.

The chief judge serves for a term of seven years or until age 70, whichever occurs first. A statutory change in the 1950s created the seven-year term. The age restrictions are waived if no members of the court would otherwise be qualified for the position.

Unlike the chief justice of the United States, a chief judge returns to active service after the expiration of his or her term and does not create a vacancy on the bench by the fact of his or her promotion.[2]

* Mary Briscoe \- (2010 - 2015)
* Robert Henry \- (2008-2010)
* Deanell Tacha \- (2001-2007)
* Stephanie Seymour \- (1994-2000)
* Monroe McKay \- (1991-1993)
* William Holloway \- (1984-1991)

* Oliver Seth \- (1977-1984)
* David Thomas Lewis \- (1970-1977)
* Alfred Murrah \- (1959-1970)
* Sam Gilbert Bratton \- (1956-1959)
* Orie Leon Phillips \- (1948-1956)

|

### Former judges[edit]

To learn more about the judges of the Tenth Circuit, see former federal judges of the Tenth Circuit.

## Jurisdiction[edit]

Map of the Tenth Circuit. Click on a district to find out more about it.

The Tenth Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the Tenth Circuit are petitioned to the Supreme Court of the United States. Justice Neil Gorsuch is the circuit justice for the Tenth Circuit.

The United States Court of Appeals for the 10th Circuit has jurisdiction over the United States district courts in the following federal judicial districts:

* District of Colorado
* District of Kansas
* District of New Mexico
* Eastern District of Oklahoma
* Northern District of Oklahoma
* Western District of Oklahoma
* District of Utah
* District of Wyoming

## Caseloads[edit]

This section contains court management statistics dating back to 2010. It was last updated in May 2021.

Click [show] below for more information on caseload terms and definitions.

Caseload statistics explanation

Term  |  Explanation
Cases filed and terminated | The number of civil and criminal lawsuits formally initiated or decided by the court in a calendar year. The chart below reflects the table columns Cases filed and Cases terminated.
Average time from filing to disposition |  The average amount of time, in months, from a case's date of filing to date of disposition (acquittal, sentencing, dismissal, etc.). The chart below reflects the table columns Median time (Criminal) and Median time (Civil).
Starting case load | The number of cases pending from the previous calendar year.
Cases filed | The number of civil and criminal lawsuits formally initiated in a calendar year.
Cases terminated | The total number of civil and criminal lawsuits decided by the court in a calendar year.
Remaining cases | The number of civil and criminal cases pending at the end of a given year.
Median time (Criminal) | The average amount of time, in months, from a case's date of filing to the date of disposition. In criminal cases, the date of disposition occurs on the day of sentencing or acquittal/dismissal.
Median time (Civil) | The average amount of time, in months, from a case's date of filing to the date of disposition.
Three-year civil cases | The number and percent of civil cases that were filed more than three years before the end of the given calendar year.
Vacant posts | The number of months during the year an authorized judgeship was vacant.
Trial/Post | The number of trials completed divided by the number of authorized judgeships on the court. Trials include evidentiary trials, hearings on temporary restraining orders, and preliminary injunctions.

Source: United States Courts, "Explanation of the Judicial Caseload Profiles for United States District Courts," accessed September 25, 2018

United States Court of Appeals for the Tenth Circuit caseload stats, 2010-2019

2010 | 2,225 | 2,375 | 1,341 | 242 | 102 | 82 | 12 | 9 | 18 | 9
2011 | 2,294 | 2,250 | 1,372 | 263 | 123 | 85 | 12 | 9 | 18 | 9
2012 | 2,156 | 2,176 | 1,353 | 322 | 62 | 105 | 12 | 8 | 24 | 8
2013 | 2,071 | 2,155 | 1,264 | 314 | 58 | 106 | 12 | 10 | 28 | 8
2014 | 1,964 | 2,058 | 1,171 | 295 | 51 | 101 | 12 | 10 | 6 | 8
2015 | 1,975 | 1,888 | 1,259 | 264 | 40 | 86 | 12 | 8 | 0 | 8
2016 | 2,281 | 2,256 | 1,288 | 346 | 46 | 118 | 12 | 8 | 0 | 6
2017 | 1,861 | 1,914 | 1,231 | 284 | 42 | 96 | 12 | 6 | 9 | 8
2018 | 1,788 | 1,805 | 1,214 | 252 | 39 | 85 | 12 | 6 | 12 | 9
2019 | 1,792 | 1,775 | 1,231 | 240 | 40 | 79 | 12 | 7 | 0 | 10
Average | 2,041 | 2,065 | 1,272 | 282 | 60 | 94 | 12 | 8 | 11 | 8

## History[edit]

### Court history[edit]

The Tenth Circuit was established on February 28, 1929, under Tenth Circuit Reorganization Act of 1929, which broke the then-Eighth Circuit into the Eighth Circuit and the Tenth Circuit. All of the judges who resided in the newly created Tenth Circuit were transferred to the new appellate court. Over time, eight additional seats were added to the circuit, resulting in a total of 12 seats.[3] The court's current jurisdiction contains 560,625 square miles or roughly 20% of the total U.S. landmass. For a full history of the Tenth Circuit, please see the Tenth Judicial Circuit Historical Society's Official website.

### Judicial posts[edit]

The following table highlights the development of judicial posts for the Tenth Circuit:[3]

Year  | Statute  | Total Seats

|
|

February 28, 1929 | 45 Stat. 1346  | 4
August 3, 1949 | 63 Stat. 493  | 5
May 19, 1961 | 75 Stat. 80  | 6
June 18, 1968 | 82 Stat. 184  | 7
October 20, 1978 | 92 Stat. 1629  | 8
July 10, 1984 | 98 Stat. 333  | 10
December 1, 1990 | 104 Stat. 5089  | 12

## Reversal rate[edit]

See also: SCOTUS case reversal rates (2007 - Present)

Since 2007, SCOTUS has released opinions in 1,062 cases. Of those, it reversed a lower court decision 751 times (70.7 percent) while affirming a lower court decision 303 times (28.5 percent).

In that time period, SCOTUS has decided 39 cases originating from the Tenth Circuit, affirming in 15 cases and reversing in 24 cases, for a reversal rate of 61.5 percent. At the end of the 2020 term, the Tenth Circuit had the third-lowest reversal rate of all the federal appeals courts.

Below is the total data ranging from 2007 to present listed by the circuit where the case originated. It also contains data from state courts, U.S. district courts, and original jurisdiction cases. It was compiled from end-of-term data gathered by SCOTUSblog.

SCOTUS decisions by circuit (2007 - Present)

Court  | Decided  | Affirmed  | Reversed  | Percent Reversed
First Circuit | 27 | 13 | 14 | 51.9%
Second Circuit | 76 | 28 | 48 | 63.2%
Third Circuit | 51 | 16 | 35 | 68.6%
Fourth Circuit | 51 | 21 | 30 | 58.8%
Fifth Circuit | 79 | 23 | 56 | 70.9%
Sixth Circuit | 74 | 14 | 60 | 81.1%
Seventh Circuit | 48 | 17 | 31 | 64.6%
Eighth Circuit | 47 | 11 | 36 | 76.6%
Ninth Circuit | 207 | 43 | 164 | 79.2%
Tenth Circuit | 39 | 15 | 24 | 61.5%
Eleventh Circuit | 73 | 22 | 51 | 69.9%
D.C. Circuit | 47 | 16 | 31 | 66.0%
Federal Circuit | 58 | 16 | 42 | 72.4%
Armed Forces | 3 | 2 | 1 | 33.3%
State Court | 150 | 37 | 113 | 75.3%
U.S. District Court | 22 | 7 | 15 | 68.2%
Original Jurisdiction | 10 | 2 | N/A | N/A
Total  | 1,062  | 303  | 751  | 70.7%

## Noteworthy cases[edit]

The following are noteworthy cases heard before this court. To suggest cases we should cover here, email us. To read opinions published by this court, click here.

• States cannot require citizenship documents to register to vote (2014)| Click for summary→

|

On November 10, 2014, the Tenth Circuit struck down Kansas and Arizona laws requiring individuals to show citizenship documents when registering to vote. The ruling was an affirmation of action taken by the U.S. Election Assistance Commission, which blocked the states from requiring those documents and led both states to sue in federal court.

The federal court found that the agency exceeded its authority in blocking the states from requiring citizenship documents. Th ethree-judge panel of the Tenth Circuit, consisting of Judges Jerome Holmes, Carlos Lucero and Gregory Alan Phillips, said that the states lacked the authority to require the federal government to include citizenship documents as a requirement on the voter registration form, which the states argued the agency had to do in compliance with the states’ own laws. Further, Judge Lucero, writing for the panel, said that the states failed to show that requiring proof of citizenship decreased fraudulent voting.

Articles:

* Courthouse News, "Citizenship-Proof Rules in Kansas and Arizona for Registered Voters Struck Down," November 10, 2014
* Election Law Blog, "Breaking: 10th Circuit, in Major Voting Case, Rejects Kansas and Arizona Citizenship Proof Requirement," November 7, 2014

• Utah same-sex marriage ruling upheld (2014)
Judge(s):Paul Kelly, Carlos Lucero and Jerome Holmes (Kitchen v. Herbert, 13-4178)
| Click for summary→

|

Judge Carlos Lucero wrote the opinion in the appeal of Kitchen v. Herbert, a case that involved a same-sex marriage in Utah. The Tenth Circuit ruled 2-1 in favor of District of Utah's ruling that ended the ban on same-sex marriage on the grounds that it violated the Fourteenth Amendment's equal protection clause. Judge Lucero wrote and Jerome Holmes concurred:

|  “  | In summary, we hold that under the Due Process and Equal Protection Clauses of the United States Constitution, those who wish to marry a person of the same sex are entitled to exercise the same fundamental right as is recognized for persons who wish to marry a person of the opposite sex, and that Amendment 3 and similar statutory enactments do not withstand constitutional scrutiny.[4][5] |  ”

|
|

Judge Paul Kelly dissented on the point that marriage was a fundamental right. He wrote:

“  | If the States are the laboratories of democracy, requiring every state to recognize same-gender unions—contrary to the views of its electorate and representatives—turns the notion of a limited national government on its head. Marriage is an important social institution commonly understood to protect this and future generations. That states sincerely differ about the best way to do this (including whether to extend marriage to same-gender couples) is inevitable.[4][5] |  ”

|
|

• Tenth Circuit refuses stay on injunction against online streaming company Aero (2014)| Click for summary→

|

Aereo, a company that retransmits television signals to subscribers, was enjoined by federal Judge Dale Kimball from operating in six states in February 2014. Judge Kimball found that Aereo was “indistinguishable” from a cable provider and should have the proper licenses necessary to stream broadcast network signals to subscribers. The injunction covered six states: Wyoming, Colorado, Utah, New Mexico, Kansas, and Oklahoma.

The company sought to have the injunction lifted with a preliminary stay until after trial by appealing to the Tenth Circuit. Judges Mary Briscoe and Robert Bacharach, the majority of a three-judge panel, refused to lift the injunction, stating that Aereo did not sufficiently show that it would likely succeed at trial, one of the requirements to order a stay. Further, the Tenth Circuit judges found no other factors that weighed in favor of staying the injunction. Judge Harris Hartz dissented from the majority.

Articles:

* Courthouse News, "Six-State Ban Against Aereo Upheld on Appeal," March 10, 2014
* Law 360, "Aereo Loses Bid To Stop Utah Judge's 10th Circ. Injunction," March 7, 2014

• Horse slaughterhouses may reopen prior to resolution of appeal (2013)
Judge(s):Gregory Alan Phillips and David Ebel (Front Range Equine Rescue, et al v. Vilsack, et al, 13-2187)
| Click for summary→

|

On December 13, 2013, Judges Gregory Alan Phillips and David Ebel of the Tenth Circuit denied an emergency motion filed by animal rights groups for an injunction seeking to halt horse slaughterhouses from resuming operations for the first time since 2007.

Plaintiffs requested a stay on those activities pending the final resolution of their appeal but "failed to meet their burden," according to the judges' decision. In the underlying case, animal rights groups sought to prevent the slaughter of horses in New Mexico, Missouri, and Iowa, claiming that the U.S. Department of Agriculture issued inspection permits to three slaughterhouses but failed to prepare various documents essential to determining the environmental impact of their intended operations, in violation of the National Environmental Policy Act. Chief Judge Christina Armijo of the United States District Court for the District of New Mexico temporarily enjoined the slaughter of horses while considering the case but later dismissed the proceedings with prejudice. The plaintiff animal rights groups appealed to the Tenth Circuit, and on November 5, 2013, the appeals court issued a temporary stay of Judge Armijo's decision pending further review. About one month later, Judges Phillips and Ebel lifted that stay, citing the plaintiffs' likelihood of success in the final resolution of their appeal, making way for horse slaughterhouses to begin operations.[6][7]

• Court sides with Abercrombie in religious discrimination case (2013)
Judge(s):Paul Kelly, David Ebel, and Jerome Holmes (Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., 11-5110)
| Click for summary→

|

On October 1, 2013, the Tenth Circuit vacated a trial court summary judgmentRefers to a judgment granted on a claim about which there is no genuine issue of fact and to which the party moving for judgment prevails as a matter of law. ruling in a suit filed by the Equal Employment Opportunity Commission (EEOC) on behalf of a Muslim job applicant after the clothing store Abercrombie & Fitch (A&F) declined to hire her because she wore a headscarf. Judge Jerome Holmes wrote for the majority, joined by Judge Paul Kelly. Judge David Ebel wrote separately, concurring in part and dissenting in part.

In the underlying case, the plaintiff Samantha Elauf interviewed for a job at A&F while wearing a religious headscarf but did not specifically inform her interviewer that she wore it for a religious purpose. The interviewer assumed that it was worn for a religious purpose. Elauf was not hired because her headscarf violated A&F's dress code. In the ruling, Holmes said that the trial court's decision was erroneous because there could be no religious discrimination without notification of the need for a religious accommodation. Here, because Elauf failed to tell her interviewer that she would need accommodation for her religious headscarf, the EEOC would not have been unable to conclusively establish that A&F had actual notice of her religious needs. In his separate opinion, Ebel agreed that the trial court's decision was incorrect but argued that the question of discrimination should have been sent to a jury.[8]

The Supreme Court overturned the ruling in October 2015, finding that accommodation was not the issue but rather if Elauf's headscarf was a "motivating factor" in deciding against hiring her. Justice Antonin Scalia wrote for the 8-1 majority, " “[A]n employer who acts with the motive of avoiding accommodation may violate [the law] even if he has no more than an unsubstantiated suspicion that accommodation would be needed.”[9]

### Before the U.S. Supreme Court[edit]

This section focuses on cases the U.S. Supreme Court heard that originated in this court. To suggest cases we should cover here, email us.

#### 2021-2022 term[edit]

See also: Supreme Court cases, October term 2021-2022

The following cases were scheduled for argument before the U.S. Supreme Court during the 2021-2022 term.

2021-2022 U.S. Supreme Court cases from the 10th Circuit

Case  | Opinion author  | Decision  | Vote
Denezpi v. United States |  TBD  |  TBD  |  TBD

#### 2020-2021 term[edit]

See also: Supreme Court cases, October term 2020-2021

The following cases were scheduled for argument before the U.S. Supreme Court during the 2020-2021 term.

2020-2021 U.S. Supreme Court cases from the 10th Circuit

Case  | Opinion author  | Decision  | Vote
Torres v. Madrid |  John Roberts |  vacatedTo void, cancel, nullify, or invalidate a verdict or judgment of a court. and remandedTo return a case or claim to a lower court for additional proceedings. |  5-3
Carr v. Saul (Consolidated with Davis v. Saul)  |  Sonia Sotomayor |  reversedThe action of an appellate court overturning a lower court's decision. and remandedTo return a case or claim to a lower court for additional proceedings. |  9-0
HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association |  Neil Gorsuch |  reversedThe action of an appellate court overturning a lower court's decision. |  6-3

#### 2019-2020 term[edit]

See also: Supreme Court cases, October term 2019-2020

The following cases were heard before the U.S. Supreme Court during the 2019-2020 term.

2019-2020 U.S. Supreme Court cases from the 10th Circuit

Case  | Opinion author  | Decision  | Vote
Sharp v. Murphy |  Per curiam |  affirmedThe action of an appellate court confirming a lower court's decision. |  NA
Rodriguez v. Federal Deposit Insurance Corporation |  Neil Gorsuch |  vacatedTo void, cancel, nullify, or invalidate a verdict or judgment of a court. and remandedTo return a case or claim to a lower court for additional proceedings. |  9-0
Lomax v. Ortiz-Marquez |  Elena Kagan |  affirmedThe action of an appellate court confirming a lower court's decision. |  9-0
Colorado Department of State v. Baca |  Per curiam |  reversedThe action of an appellate court overturning a lower court's decision. |  8-0

## Federal courthouse[edit]

The Tenth Circuit is located in the Byron White U.S. Courthouse in Denver. The courthouse was built between 1910 and 1916 replacing a previous building. The exterior of the building uses local Colorado Yule marble, the same material used on the Lincoln Memorial in Washington. Originally, the building held all of the federal agencies located in Denver. Over time, as the federal agencies grew, the building came to be occupied by only the Post Office. The building was expanded and renovated in 1994 to rehouse the federal courthouse, with the current value of the building estimated at $200 million.[10]

## About United States Court of Appeals[edit]

The United States courts of appeals (or circuit courts) are the intermediate appellate courts of the United States federal courts. The court of appeals was originally created in 1891 and has grown to include thirteen courts.

A court of appeals decides appeals from any of the district courts that are in its federal judicial circuit. The appeals courts also can hear appeals from some administrative agencies. Decisions of the federal appeals courts can, in turn, be appealed to the Supreme Court of the United States.

There are thirteen United States courts of appeals. In addition, there are other federal courts (such as the Court of Appeals for the Armed Forces, which hears appeals in court-martial cases) that have "Court of Appeals" in their titles.

The eleven "numbered" circuits and the D.C. Circuit are defined by geography. The thirteenth court of appeal is the Court of Appeals for the Federal Circuit. This court has nationwide jurisdiction over certain types of appeals based on what the underlying legal case is about.

All of the courts of appeals also hear appeals from some administrative agency decisions and rulemaking. The largest share of this type of case is heard by the D.C. Circuit. The Federal Circuit hears appeals from specialized trial courts, primarily the Court of International Trade and the Court of Federal Claims, as well as appeals from the district courts in patent cases and certain other specialized matters.

Federal circuit court judges are appointed for life. They are paid approximately $179,500 annually. At the age of 65, a federal judge may choose to retire with his or her full salary. Judges may also choose to go on senior status at age 65, if they have served actively for 15 years.[11]

### Appointments by president[edit]

The chart below shows the number of appeals court judges confirmed by the U.S. Senate through November 1 of the first year of each president's term in office. At this point in the term, President Biden had made the most appeals court appointments with nine. President Trump had six, President George W. Bush had four, Presidents Reagan and George H.W. Bush had three, President Clinton had two, and President Obama had one.

### Judges by circuit[edit]

See also: Judicial vacancies in federal courts

The table below displays the number of judges in each circuit and indicates how many were appointed by presidents from each major political party. It also includes the number of vacancies on a circuit and how many pending nominations for that circuit are before the United States Senate. The table can be sorted by clicking the column headers above the line. It is updated every Monday.

## See also[edit]

* Tenth Circuit Reorganization Act of 1929
* Federal courts
* Federal judge
* United States Court of Appeals
* District of Colorado
* District of Kansas
* District of New Mexico
* Eastern District of Oklahoma
* Northern District of Oklahoma
* Western District of Oklahoma
* District of Utah
* District of Wyoming

## External links[edit]

* Search Google News for this topic
* United States Court of Appeals for the Tenth Circuit
* Judges of the Tenth Circuit
* Published Opinions

## Footnotes[edit]

1. ↑ United States Courts, "FAQs: Federal Judges: What is a senior judge?" accessed December 19, 2016
2. ↑ United States Courts, "Frequently Asked Questions," accessed April 23, 2021
3. ↑ 3.0 3.1 Federal Judicial Center, "U.S. Court of Appeals for the Tenth Circuit: Legislative History," accessed May 4, 2021
4. ↑ 4.0 4.1 United States Court of Appeals for the Tenth Circuit, "Kitchen v. Herbert," June 25, 2014
5. ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
6. ↑ Food Safety News, "10th Circuit Grants Temporary Injunction in Horse Case," November 5, 2013
7. ↑ Associated Press, "Appeals court allows horse slaughterhouses to open," December 14, 2013
8. ↑ National Law Journal, "Tenth Circuit Sides with Abercrombie in Hijab Case," October 3, 2013
9. ↑ HuffPost, "Supreme Court Rules Against Abercrombie & Fitch In Discrimination Case," June 1, 2015
10. ↑ U.S. Court of Appeals for the Tenth Circuit, "History of the Byron White Courthouse," accessed May 4, 2021
11. ↑ United States Courts, "FAQs: Federal Judges," accessed May 5, 2021

v • e

Federal judges who have served the U.S. Court of Appeals for the Tenth Circuit

|

Active judges|

Chief Judge: Timothy Tymkovich • Allison Eid • Jerome Holmes • Harris Hartz • Carolyn McHugh • Nancy Moritz • Robert Bacharach • Scott Matheson (Utah) • Gregory Alan Phillips • Joel Carson • Veronica Rossman

Senior judges|

Terrence O'Brien • Michael R. Murphy (Tenth Circuit) • Carlos Lucero • Mary Briscoe • Paul Kelly (United States Court of Appeals judge) • David Ebel • Wade Brorby • Bobby Baldock • Stephen Anderson • John Porfilio • Stephanie Seymour •

Former judges|  William E. Doyle (Colorado) • Neil Gorsuch • Robert Henry • Deanell Tacha • Michael McConnell (federal appeals judge) • William Holloway • Robert McWilliams • James E. Barrett • John Hazelton Cotteral • Robert E. Lewis • Robert Williams (Oklahoma) • Orie Leon Phillips • George Thomas McDermott • Sam Gilbert Bratton • Alfred Murrah • Walter Huxman • David Thomas Lewis • Jean Breitenstein • Delmas Hill • John Hickey • James Logan • John Pickett • Oliver Seth •
Former Chief judges|

Mary Briscoe • Robert Henry • Deanell Tacha • Stephanie Seymour • Monroe McKay • William Holloway • Orie Leon Phillips • Sam Gilbert Bratton • Alfred Murrah • David Thomas Lewis • Oliver Seth •

v • e

U.S. Circuit Courts and District Courts

First Circuit

District of Maine • District of Massachusetts • District of New Hampshire • District of Puerto Rico • District of Rhode Island

Second Circuit

District of Connecticut • Eastern District of New York • Northern District of New York • Southern District of New York • Western District of New York • District of Vermont

Third Circuit

District of Delaware • District of New Jersey • Eastern District of Pennsylvania • Middle District of Pennsylvania • Western District of Pennsylvania

Fourth Circuit

District of Maryland • Eastern District of North Carolina • Middle District of North Carolina • Western District of North Carolina • District of South Carolina • Eastern District of Virginia • Western District of Virginia • Northern District of West Virginia • Southern District of West Virginia

Fifth Circuit

Eastern District of Louisiana • Middle District of Louisiana • Western District of Louisiana • Northern District of Mississippi • Southern District of Mississippi • Eastern District of Texas • Northern District of Texas • Southern District of Texas • Western District of Texas

Sixth Circuit

Eastern District of Kentucky • Western District of Kentucky • Eastern District of Michigan • Western District of Michigan • Northern District of Ohio • Southern District of Ohio • Eastern District of Tennessee • Middle District of Tennessee • Western District of Tennessee

Seventh Circuit

Central District of Illinois • Northern District of Illinois • Southern District of Illinois • Northern District of Indiana • Southern District of Indiana • Eastern District of Wisconsin • Western District of Wisconsin

Eighth Circuit

Eastern District of Arkansas • Western District of Arkansas • Northern District of Iowa • Southern District of Iowa • District of Minnesota • Eastern District of Missouri • Western District of Missouri • District of Nebraska • District of North Dakota • District of South Dakota

Ninth Circuit

District of Alaska • District of Arizona • Central District of California • Eastern District of California • Northern District of California • Southern District of California • District of Hawaii • District of Idaho • District of Montana • District of Nevada • District of Oregon • Eastern District of Washington • Western District of Washington

Tenth Circuit

District of Colorado • District of Kansas • District of New Mexico • Eastern District of Oklahoma • Northern District of Oklahoma • Western District of Oklahoma • District of Utah • District of Wyoming

Eleventh Circuit

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