Eighth Circuit |
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Court of Appeals |
Judgeships |
Posts: 11 |
Judges: 11 |
Vacancies: 0 |
Judges |
Chief: Lavenski Smith |
Active judges: William D. Benton, Steven Colloton, Ralph Erickson, L. Steven Grasz, Raymond Gruender, Jane Kelly, Jonathan Kobes, James Loken, Bobby Shepherd, Lavenski Smith, David Stras Senior judges: |
The United States Court of Appeals for the Eighth 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.
The Eighth Circuit has 11 authorized judicial posts. The chief judge of the court is Lavenski Smith, who was appointed by President George W. Bush (R). Four of the judges on the court were appointed by Donald Trump (R).
Appeals are heard in the Thomas Eagleton U.S. Courthouse in St. Louis, Missouri.
Three judges of the Eighth Circuit went on to serve on the Supreme Court of the United States. Willis Van Devanter was appointed to the Supreme Court in 1910 by William Howard Taft, Charles Evans Whittaker was appointed in 1957 by Dwight Eisenhower, and Harry Blackmun was appointed in 1970 by Richard Nixon.
This page contains the following information on the Eighth Circuit.
There are no current vacancies on the Eighth Circuit, out of the court's 11 judicial positions.
There are no pending nominees for this court.
Judge | Appointed By | Assumed Office | Bachelors | Law |
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October 17, 1990 |
University of Wisconsin, 1962 |
Harvard Law School, 1965 |
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July 19, 2002 |
University of Arkansas, 1981 |
University of Arkansas School of Law, 1987 |
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September 10, 2003 |
Princeton University, 1985 |
Yale Law School, 1988 |
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June 5, 2004 |
Washington University of St. Louis, 1984 |
Washington University of St. Louis, 1987 |
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July 2, 2004 |
Northwestern University, 1972 |
Yale Law School, 1975 |
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October 10, 2006 |
Ouachita Baptist University, 1973 |
University of Arkansas School of Law, 1975 |
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April 25, 2013 |
Duke University, 1987 |
Harvard Law School, 1991 |
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October 12, 2017 |
Jamestown College, 1980 |
University of North Dakota School of Law, 1984 |
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January 3, 2018 |
University of Nebraska, Lincoln, 1984 |
University of Nebraska College of Law, 1989 |
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January 31, 2018 |
University of Kansas, 1995 |
University of Kansas, School of Law, 1999 |
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December 12, 2018 |
Dordt College, 1996 |
Harvard Law School, 2000 |
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.
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 |
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February 1, 2001 |
University of Nebraska, 1951 |
University of Nebraska College of Law, 1965 |
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April 1, 2003 |
Northwest Missouri State University, 1960 |
George Washington University Law Center, 1963 |
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August 1, 2003 |
Bridgewater College, 1955 |
New York University School of Law, 1958 |
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October 9, 2006 |
University of Arkansas, 1965 |
University of Arkansas School of Law, 1968 |
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February 1, 2013 |
Loras College, 1970 |
University of Iowa College of Law, 1974 |
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June 30, 2017 |
University of Nebraska, 1969 |
University of Nebraska College of Law, 1972 |
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December 14, 2018 |
Tabor College, 1957 |
University of South Dakota School of Law, 1962 |
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.
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]
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For more information on judges of the Eighth Circuit, see former federal judges of the Eighth Circuit.
The Eighth 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 Eighth Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Brett Kavanaugh is the circuit justice for the Eighth Circuit.
The United States Court of Appeals for the 8th Circuit has jurisdiction over the United States district courts in the following federal judicial districts:
This section contains court management statistics dating back to 2010. It was last updated in April 2021. Click [show] below for more information on caseload terms and definitions.
Caseload statistics explanation | |||||||||
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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. | ||||||||
United States Court of Appeals for the Eighth Circuit caseload stats, 2010-2019 | |||||||||||
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Year | Appeals Filed | Appeals Terminated | Pending Appeals | Terminations on the Merits (per Active Judge) | Procedural Terminations (per Active Judge) | Total Written Decisions (per Active Judge) | Number of Judgeships | Number of Sitting Senior Judges | Number of Vacant Judgeship Months | Median Time From Filing Notice of Appeal to Disposition | |
2010 | 2,900 | 3,281 | 1,415 | 502 | 140 | 168 | 11 | 6 | 0 | 9 | |
2011 | 2,919 | 2,934 | 1,399 | 448 | 112 | 141 | 11 | 6 | 0 | 7 | |
2012 | 3,084 | 2,957 | 1,527 | 524 | 46 | 162 | 11 | 4 | 0 | 6 | |
2013 | 2,838 | 2,835 | 1,529 | 520 | 48 | 162 | 11 | 5 | 3 | 6 | |
2014 | 2,968 | 3,000 | 1,500 | 578 | 51 | 181 | 11 | 4 | 0 | 6 | |
2015 | 3,048 | 2,845 | 1,703 | 496 | 53 | 159 | 11 | 5 | 8 | 5 | |
2016 | 3,649 | 3,121 | 2,231 | 597 | 46 | 189 | 11 | 6 | 13 | 6 | |
2017 | 2,890 | 3,225 | 1,896 | 650 | 52 | 203 | 11 | 7 | 31 | 8 | |
2018 | 2,802 | 2,789 | 1,908 | 547 | 52 | 176 | 11 | 7 | 9 | 7 | |
2019 | 2,831 | 2,907 | 1,833 | 528 | 62 | 165 | 11 | 6 | 0 | 8 | |
Average | 2,993 | 2,989 | 1,694 | 539 | 66 | 171 | 11 | 6 | 6 | 7 |
The Eighth Circuit was established by the United States Congress in 1891 with the Evarts Act of 1891, which established the first nine appeals circuits. Over the years, nine additional seats were added to the court resulting in a total of eleven seats.[3] To learn more about the history of the Eighth Circuit, please contact the Historical Society of the United States Courts in the Eighth Circuit.
The following table highlights the development of judicial posts for the Eighth Circuit:[3]
Year | Statute | Total Seats |
March 3, 1891 | 26 Stat. 826 | 2 |
July 23, 1894 | 28 Stat. 115 | 3 |
January 31, 1903 | 32 Stat. 791 | 4 |
March 3, 1925 | 43 Stat. 1116 | 6 |
February 28, 1929 | 45 Stat. 1346 | 5 |
May 24, 1940 | 54 Stat. 219 | 7 |
March 18, 1966 | 80 Stat. 75 | 8 |
October 20, 1978 | 92 Stat. 1629 | 9 |
July 10, 1984 | 98 Stat. 333 | 10 |
December 1, 1990 | 104 Stat. 5089 | 11 |
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 47 cases originating from the Eighth Circuit, affirming in 11 cases and reversing in 36 cases, for a reversal rate of 76.6 percent. At the end of the 2020 term, the Eighth Circuit had the third-highest reversal rate of the 13 federal circuit courts of appeal.
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) | ||||
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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% |
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 take Roe v. Wade challenge to federal court (2015) | Click for summary→ |
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In 2015, North Dakota and Arkansas asked the Eighth Circuit to reinstate strict abortion laws that were struck down in 2014 by judges in the U.S. district courts. In North Dakota, the law at issue mandated a cut-off for abortions at six weeks post-conception; this was the strictest time frame in the nation. The governor of North Dakota, Jack Dalyrmple, stated that the law was strict in an effort to force a new challenge of Roe at the United States Supreme Court level.[4] In Arkansas, the law allowed abortions until the 12th week.
Central to the arguments made by both sides of this challenge was viability of the fetus, which the United States Supreme Court has defined as survival outside of the womb in opinions subsequent to Roe. Attorneys for North Dakota argued that the standard for determining life is the heartbeat, and therefore a fetus is viable once that is detected. The other side, however, argues that viability means that the fetus can survive outside the mother’s womb with or without assistance from medical equipment. Arkansas lawyers argued that “viability standards have changed.”[5] Opponents of both states’ laws said that the states want to ignore the framework set out by the Supreme Court in Roe and its progeny. Given that the Supreme Court is the highest court in the land, these opponents said that the states have an uphill battle ahead of them. In May of 2015, the court ruled that the Arkansas law was unconstitutional and later ruled that the North Dakota law was unconstitutional on July 22, 2015. "Because there is no genuine dispute that (North Dakota’s law) generally prohibits abortions before viability — as the Supreme Court has defined that concept — and because we are bound by Supreme Court precedent holding that states may not prohibit pre-viability abortions, we must affirm the district court’s grant of summary judgment to the plaintiffs,” the July ruling stated.[6] Articles: |
• Eighth Circuit affirms police immunity following Taser death (2014) | Click for summary→ |
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In June 2014, the Eighth Circuit ruled that Minneapolis police officers were entitled to qualified immunity after a suspect's death in a Taser incident during an arrest. Chief Judge William Riley, writing for a three-judge panel of the court that included Judges Michael Melloy and Jane Kelly, affirmed the trial court's ruling, writing that the police force used was reasonable under the circumstances.
Articles: |
• Eighth Circuit blocks discovery attempt in lethal injection challenge (2014) | Click for summary→ |
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The Eighth Circuit has ruled that Missouri inmates have no right to discovery to learn more about the pharmacy used by the state to procure its execution drugs, unless they can show there is a more humane way to execute. The inmates argued that the drug combination used by the state was cruel and unusual punishment as it could cause “unconstitutionally excruciating death.”[7] The state, through its Department of Corrections, argued that revealing the name of the pharmacy it used could cause the state to have trouble obtaining the drugs it needs to carry out executions.
Judge Steven Colloton wrote the majority opinion. In it, he cited the United States Supreme Court case Baze v. Rees, which held that capital punishment is not violative of an individual’s constitutional rights and is a legal sentence. Because of this, a state must have a means to carry out that sentence. Chief Judge William Jay Riley agreed with the majority, along with Judges Roger Wollman, James Loken, Lavenski Smith, Raymond Gruender and Bobby Shepherd. Judges Diana Murphy, Jane Kelly and Kermit Bye dissented from the opinion. They said that death-row inmates could not suggest other ways to die before discovery is allowed. The Missouri inmates challenged the use of the lethal injection drugs only after the state could no longer procure one of the three standard drugs used in a drug cocktail in executions, and the state began to use just two drugs. Their lawyers said they wanted to gather more information about the pharmacy the state used to make the drugs for their executions, the pharmacists and the state’s own execution team. Articles: |
• Court upholds South Dakota abortion law (2012) Judge(s):En banc (full court) (Planned Parenthood v. State of South Dakota (2012), No. 09-3231/3233/3362) | Click for summary→ |
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In July 2012, the United States Court of Appeals for the 8th Circuit upheld South Dakota's 2005 abortion law that required doctors to inform patients that having an abortion was linked to depression and even suicide, prior to an operation being performed. The law was challenged as a violation of patients' due process and doctors' First Amendment rights. In addition, challengers to the law said that the statements required were not scientifically grounded and were yet unproven. The law was ruled unconstitutional by a three-judge panel of the appeals court, but later overturned by an appeal to the court as a whole.[8] | |
• Lee County School District racial discrimination case (2012) Judge(s):Kermit Bye, Michael Melloy, Laurie Smith Camp (Sharon Sanders v. Lee County School Dist. No. 1, et al, 10-3240) | Click for summary→ |
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On February 29, 2012, the United States Court of Appeals for the 8th Circuit partially overturned a ruling of the Eastern District of Arkansas, finding the Lee County School District to be guilty under federal discrimination laws. Sharon Sanders, a former school finance coordinator, took the district to court following her demotion and subsequent recommendation for dismissal on the basis of race discrimination. According to court records, Sanders and another administrator were demoted following an election where the school board became comprised of a majority of black members.[9] In the original suit, Sanders was awarded compensatory damages, lost wages, punitive damages, and attorney's fees by a jury. Upon appeal, a judge of the Eastern District of Arkansas revoked the lost wages and reduced her award for attorney's fees. The ruling by the Eighth Circuit ordered new proceedings to determine fees for Sanders' attorney and punitive damages, but fundamentally agreed that she had been discriminated against on the basis of race.[9] | |
• Appeal in retired NFL players' suit against NFLPA (2012) Judge(s):Unassigned (Eller v. National Football Association Players Association, Civil No. 11-2623 (SRN/JJG).) | Click for summary→ |
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Retired NFL players filed with the Eighth Circuit Court of Appeals to appeal the decision of Judge Susan Richard Nelson to dismiss their suit against the NFL Players Association. The original suit was dismissed by Judge Nelson on May 29, 2012, in the United States District Court for the District of Minnesota.[10] The appeal was heard by the Eighth Circuit Court of Appeals in June 2013.
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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.
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 8th Circuit | |||
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Case | Opinion author | Decision | Vote |
Boechler, P.C. v. Commissioner of Internal Revenue | TBD | TBD | TBD |
Morgan v. Sundance, Inc. | TBD | TBD | TBD |
The following cases were heard before the U.S. Supreme Court during the 2020-2021 term.
2020-2021 U.S. Supreme Court cases from the 8th Circuit | |||
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Case | Opinion author | Decision | Vote |
Pereida v. Barr | Neil Gorsuch | affirmed | 5-3 |
Rutledge v. Pharmaceutical Care Management Association | Sonia Sotomayor | reversed and remanded | 8-0 |
Lombardo v. City of St. Louis, Missouri (Decided without argument) | Per curiam | vacated and remanded | 6-3 |
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 8th Circuit | |||
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Case | Opinion author | Decision | Vote |
Thole v. U.S. Bank | Brett Kavanaugh | affirmed | 5-4 |
The court is located at Thomas Eagleton U.S. Courthouse in St. Louis, Missouri. The twenty-nine-story building was completed in 2000, and contains more than 1.3 million square feet of space. It is the tallest U.S. Federal courthouse, standing at 557 feet.[12]
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.[13]
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.
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.
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Active judges |
Chief Judge: Lavenski Smith • Ralph Erickson • Bobby Shepherd • James Loken • Steven Colloton • Raymond Gruender • William D. Benton • David Stras • Jane Kelly • Steven Grasz • Jonathan Kobes | ||
Senior judges |
David R. Hansen • Morris Arnold • Roger Wollman • Pasco Bowman • Arlen Beam • William Riley (Eighth Circuit) • Michael Melloy • | ||
Former judges | Myron Bright • Diana Murphy • Henry Clay Caldwell • George Fagg • Elmer Bragg Adams • John Emmett Carland • Amos Madden Thayer • Walter Henry Sanborn • William Cather Hook • John Hazelton Cotteral • Robert E. Lewis • Willis Van Devanter • Walter Inglewood Smith • Arba Seymour Van Valkenburgh • Wilbur Franklin Booth • Charles Breckenridge Faris • Kimbrough Stone • Joseph William Woodrough • William Squire Kenyon • John Benjamin Sanborn • John D. Kelly • Archibald Gardner • Seth Thomas • John Collet • Charles Joseph Vogel • Jesse Henley • Roy Stephenson • William Webster • Floyd Gibson • Albert Ridge • Charles Whittaker • Harvey Johnsen • Harry Blackmun • Gerald Heaney • Donald Lay • Marion Matthes • Theodore McMillian • Pat Mehaffy • Walter Riddick • Martin Van Oosterhout • Donald Ross • | ||
Former Chief judges |
David R. Hansen • Morris Arnold • Roger Wollman • James Loken • Pasco Bowman • William Riley (Eighth Circuit) • Archibald Gardner • Charles Joseph Vogel • Floyd Gibson • Harvey Johnsen • Donald Lay • Marion Matthes • Pat Mehaffy • Martin Van Oosterhout • |