The reasons for an appeal vary. However, a common reason is that the dissatisfied side claims that the trial was conducted unfairly or that the trial judge applied the wrong law, or applied the law incorrectly. The dissatisfied side may also claim that the law the trial court applied violates the U. Constitution or a state constitution. The side that seeks an appeal is called the petitioner. It is the side that brings the petition request asking the appellate court to review its case.
The other side is known as the respondent. Before lawyers come to court to argue their appeal, each side submits to the court a written argument called a brief. The Courts of Appeal have websites that list the address and phone number for each court, and give you information on their local rules, forms, published opinions, mediation programs, and help that may be available.
The Supreme Court is the state's highest court. It can review cases decided by the Courts of Appeal. Also, certain kinds of cases go directly to the Supreme Court and are not heard first in a Court of Appeal, such as:.
The 7 justices, 1 Chief Justice and 6 associate justices, are appointed by the Governor, confirmed by the Commission on Judicial Appointments, and confirmed by the public at the next general election. A justice also comes before the voters at the end of his or her year term.
To be eligible for appointment, a person must have been a member of the State Bar of California or a judge of a court in this state for at least 10 years. Click for information about the Supreme Court's 7 sitting justices. A decision of the Supreme Court must be followed by all other state courts in California. Click to search for a California Supreme Court decision online. The Judicial Council is the governing body of the California courts. The California Constitution directs the Judicial Council to provide policy guidelines to the courts, make recommendations annually to the Governor and Legislature, and adopt and revise California Rules of Court in the areas of court administration, practice, and procedure.
The council performs its constitutional and other functions with the support of its staff. New judicial members of the council and its committees are selected through a nominating procedure intended to attract applicants from throughout the legal system and to result in a membership that is diverse in experience, gender, ethnic background, and geography.
The council has 21 voting members, who include 14 judges appointed by the Chief Justice, 4 attorneys appointed by the State Bar Board of Governors, and 1 member from each house of the Legislature.
The council also has about 11 advisory members, including court executives or administrators, the chair of the council's Trial Court Presiding Judges Advisory Committee, and the president of the California Judges Association.
The council performs most of its work through internal committees and advisory committees and task forces. In addition to the state courts, there are also federal courts that handle federal cases that take place in California. The federal courts are similar in structure to state courts in California. The U. Supreme Court is the highest court in our country. The district courts can hear most federal cases, including civil and criminal cases.
There are 94 federal judicial districts in the United States and its territories. Each district includes a U. Some states, like Alaska, have only 1 district for the whole state. Others, like California, have several. There are also 2 special federal trial courts that hear certain kinds of cases from anywhere in the country:. There is also one Court of Appeals for the Federal Circuit. This court has nationwide jurisdiction to hear appeals in specialized cases, like patent law cases and cases decided by the Court of International Trade and the Court of Federal Claims.
A court of appeals hears appeals from the district courts in its circuit. It can also hear appeals from decisions of federal administrative agencies. Supreme Court has a Chief Justice and 8 associate justices. The Supreme Court can choose a limited number of cases from the cases it is asked to decide. Those cases may begin in the federal or state courts. And they usually involve important questions about the U.
Constitution or federal law. As sovereign entities separate from both the state and federal government, federally recognized tribes may have their own court systems.
There are over federally recognized tribes in California and over federally recognized tribes in the United States. Each tribal court exercises the jurisdiction granted to it under the codes and constitution of the particular tribe.
Each tribal court has its own rules of practice and procedure and forms. Women of color There are no women of color serving as judges on the Western District Court of Kentucky. Eastern District Court of Michigan Race and ethnicity Whites comprise 85 percent of sitting judges and 71 percent of active judges on the Eastern District Court of Michigan.
The court includes 4 African American judges, comprising 15 percent of sitting judges and 29 percent of active judges on the bench. There are no Asian American, Hispanic, or American Indian judges serving on the Eastern District Court of Michigan, nor are there any judges belonging to more than one race or ethnicity. Women of color There are three women of color serving as judges on the Eastern District Court of Michigan, comprising 12 percent of sitting judges and 21 percent of active judges.
There are no Asian American, Hispanic, or American Indian judges serving on the Northern District Court of Ohio, nor are there any judges belonging to more than one race or ethnicity. Pearson, who is African American. The court includes one African American judge, comprising 8 percent of sitting judges and 20 percent of active judges on the bench. There are no Asian American, Hispanic, or American Indian judges serving on the Southern District Court of Ohio, nor are there any judges belonging to more than one race or ethnicity.
Gender and sexual orientation There are just three female judges sitting on the Southern District Court of Ohio, only one of whom actively serves, comprising 20 percent of active judges on the bench. Eastern District Court of Tennessee Race and ethnicity Whites comprise 90 percent of sitting judges and percent of active judges on the Eastern District Court of Tennessee. Collier—but he does not actively serve. There are no Asian American, Hispanic, or American Indian judges serving on the Eastern District Court of Tennessee, nor are there any judges belonging to more than one race or ethnicity.
Gender and sexual orientation There is just one female judge serving on the district court, comprising 10 percent of sitting judges and 20 percent of active judges on the bench. Women of color There are no women of color serving as judges on the Eastern District Court of Tennessee. Western District Court of Tennessee Race and ethnicity Whites comprise 89 percent of sitting judges and 80 percent of active judges on the Western District Court of Tennessee.
The court includes one African American judge, comprising 11 percent of sitting judges and 20 percent of active judges on the bench. There are no Asian American, Hispanic, or American Indian judges serving on the Western District Court of Tennessee, nor are there any judges belonging to more than one race or ethnicity.
Gender and sexual orientation There is just one female judge serving on the district court. Middle District Court of Tennessee Race and ethnicity Whites comprise 83 percent of sitting judges and 75 percent of active judges on the Middle District Court of Tennessee. The court includes one African American judge, comprising 17 percent of sitting judges and 25 percent of active judges on the bench.
There are no Asian American, Hispanic, or American Indian judges serving on the Middle District Court of Tennessee, nor are there any judges belonging to more than one race or ethnicity.
Northern District Court of Illinois Race and ethnicity Whites comprise 71 percent of sitting judges and 58 percent of active judges on the Northern District Court of Illinois.
The court includes just four sitting African American judges, three of whom actively serve. There are two sitting Hispanic judges on the court, only one of whom serves in active status. There are no American Indian judges serving on the Northern District Court of Illinois, nor are there any judges belonging to more than one race or ethnicity.
Southern District Court of Illinois Race and ethnicity Whites comprise 67 percent of sitting judges and 50 percent of active judges on the Southern District Court of Illinois. There are no Asian American, Hispanic, or American Indian judges serving on the Southern District Court of Illinois, nor are there any judges belonging to more than one race or ethnicity.
Women of color There is one woman of color serving as judge on the Southern District Court of Illinois, thereby comprising half of all actively serving judges on that court: Judge Staci M. Yandle, who is African American. McDade—but he does not actively serve. There are no Asian American, Hispanic, or American Indian judges serving on the Central District Court of Illinois, nor are there any judges belonging to more than one race or ethnicity.
Women of color There are no women of color serving as judges on the Central District Court of Illinois. Southern District Court of Indiana Race and ethnicity Whites comprise 86 percent of sitting judges and 80 percent of active judges on the Southern District Court of Indiana.
The court includes one African American judge, comprising 14 percent of sitting judges and 20 percent of active judges. There are no Asian American, Hispanic, or American Indian judges serving on the Southern District Court of Indiana, nor are there any judges belonging to more than one race or ethnicity. Pratt, who is African American.
Gender and sexual orientation There is just one female judge serving on the district court, comprising 25 percent of sitting and 33 percent of active judges on the bench. Women of color There are no women of color serving as judges on the Eastern District Court of Wisconsin. Gender and sexual orientation Although there is one sitting female judge on the court—Judge Barbara B.
Crabb—she does not actively serve. Women of color There are no women of color serving as judges on the Western District Court of Wisconsin. The court includes just one African American judge, comprising There are no Asian American, Hispanic, or American Indian judges serving on the Eastern District Court of Arkansas, nor are there any judges belonging to more than one race or ethnicity.
Women of color There are no women of color serving as judges on the Eastern District Court of Arkansas. Gender and sexual orientation There is just one female judge serving on the district court, comprising 20 percent of sitting judges and 33 percent of active judges on the bench. Women of color There are no women of color serving as judges on the Western District Court of Arkansas.
Gender and sexual orientation There is one sitting female judge on the court, but she does not actively serve. Gender and sexual orientation There are two female judges on the court, comprising 29 percent of sitting judges and 67 percent of active judges. District Court of Minnesota Race and ethnicity Whites comprise 86 percent of sitting judges and 83 percent of active judges on the District Court of Minnesota.
The court includes two African American judges, only one of whom actively serves. There are no Asian American, Hispanic, or American Indian judges serving on the District Court of Minnesota, nor are there any judges belonging to more than one race or ethnicity.
Wright, who is African American. Eastern District Court of Missouri Race and ethnicity Whites comprise 75 percent of sitting judges and 71 percent of active judges on the Eastern District Court of Missouri. The court includes three African American judges, two of whom actively serve. Women of color There are no women of color serving as judges on the Eastern District Court of Missouri.
Women of color There are no women of color serving as judges on the Western District Court of Missouri. Women of color There are no women of color serving as judges on the District Court of Nebraska. Gender and sexual orientation There is one female judge on the district court, comprising 17 percent of sitting judges and 33 percent of active judges on the bench.
Gender and sexual orientation There is just one female judge serving on the district court, comprising 17 percent of sitting judges and 50 percent of active judges on the court. Women of color There are no women of color serving on the District Court of Alaska. District Court of Arizona Race and ethnicity Whites comprise 73 percent of sitting judges and 64 percent of active judges on the District Court of Arizona.
There are two sitting Hispanic judges on the court, one of whom serves in active status. One judge on the court belongs more than one race or ethnicity: Judge James A. Soto who is Hispanic and white. Humetewa, who is American Indian. Northern District Court of California Race and ethnicity Whites comprise 57 percent of sitting judges and half of all active judges on the Northern District Court of California.
The court includes four African American judges, two of whom actively serve. There are no American Indian judges serving on the Northern District Court of California, nor are there any judges belonging to more than one race or ethnicity.
Houston—but he does not actively serve. There are no American Indian judges serving on the Southern District Court of California, nor are there any judges belonging to more than one race or ethnicity. Central District Court of California Race and ethnicity Whites comprise 57 percent of sitting judges and 58 percent of active judges on the Central District Court of California.
The court includes five African American judges, three of whom actively serve, comprising 16 percent of active judges on the bench. There are three sitting Asian American judges on the court, only two of whom serve in active status. There are no American Indian judges serving on the Central District Court of California, nor are there any judges belonging to more than one race or ethnicity. Gee, an Asian American woman—serves in active status.
Eastern District Court of California Race and ethnicity Whites comprise just 40 percent of sitting judges and 60 percent of active judges on the Eastern District Court of California.
The court includes three African American judges, one of whom actively serves, comprising 20 percent of active judges on the bench. Ishii—but he does not actively serve. There are no American Indian judges serving on the Eastern District Court of California, nor are there any judges belonging to more than one race or ethnicity.
Gender and sexual orientation There is just one female judge on the district court, comprising 10 percent of sitting judges and 20 percent of active judges on the bench. Women of color There are no women of color serving as judges on the Eastern District Court of California. District Court of Hawaii Race and ethnicity Whites comprise 50 percent of sitting judges and 25 percent of active judges on the District Court of Hawaii. The court includes three Asian American judges, two of whom actively serve.
That judge—Judge Derrick K. Women of color Three judges sitting on the District Court of Hawaii are women of color, although only two serve in active status, thereby comprising 50 percent of active judges there.
Both judges—Judges Leslie E. Kobayashi and Jill A. Otake—are Asian American women. Women of color There are no women of color serving on the District Court of Idaho. Gender and sexual orientation There is just one female judge serving on the district court, comprising 14 percent of sitting judges and 33 percent of active judges on the bench.
Women of color There are no women of color serving on the District Court of Montana. District Court of Nevada Race and ethnicity Whites comprise 75 percent of sitting judges and 40 percent of active judges on the District Court of Nevada. There are no American Indian judges serving on the District Court of Nevada, nor is there any judge belonging to more than one race or ethnicity. Gender and sexual orientation There are three female judges serving on the district court, comprising 25 percent of sitting judges and 60 percent of active judges on the bench.
Navarro is Latina. District Court of Oregon Race and ethnicity Whites comprise 82 percent of sitting judges and 83 percent of active judges on the District Court of Oregon. Haggerty—but he does not actively serve. There are no Asian American or American Indian judges serving on the District Court of Oregon, nor is there any judge belonging to more than one race or ethnicity. Women of color There are no women of color serving on the District Court of Oregon. Eastern District Court of Washington Race and ethnicity Whites comprise 90 percent of sitting judges and 75 percent of active judges on the Eastern District Court of Washington.
There are no African American, Asian American, or American Indian judges serving on the Eastern District Court of Washington, nor are there any judges belonging to more than one race or ethnicity.
Gender and sexual orientation There is just one female judge serving on the district court, making up just 10 percent of sitting judges and 25 percent of active judges. Western District Court of Washington Race and ethnicity Whites comprise 85 percent of sitting judges but just 33 percent of active judges on the Western District Court of Washington. The court has one Hispanic judge: Judge Richard S.
There are no Asian American or American Indian judges serving on the Western District Court of Washington, nor is there any judge belonging to more than one race or ethnicity. District Court of Colorado Race and ethnicity Whites comprise 70 percent of sitting judges and 50 percent of active judges on the District Court of Colorado. The court has two Hispanic judges who make up 20 percent of sitting judges and 33 percent of active judges.
There are no Asian American or American Indian judges serving on the District Court of Colorado, nor are there any judges belonging to more than one race or ethnicity. Arguello, who is Latina. District Court of Kansas Race and ethnicity Whites comprise 82 percent of sitting judges and 67 percent of active judges on the District Court of Kansas.
There is one Hispanic judge on the district court. There are no Asian American or American Indian judges serving on the District Court of Kansas, nor are there any judges belonging to more than one race or ethnicity. Robinson, who is African American. The court includes four Hispanic judges, two of whom actively serve. There are no African American, Asian Americans, or American Indian judges serving on the District Court of New Mexico, nor are there any judges belonging to more than one race or ethnicity.
Gender and sexual orientation Although there are three sitting female judges on the district court, only one actively serves, thereby comprising just one-quarter of all active judges on the court. Eastern District Court of Oklahoma Race and ethnicity Whites comprise 67 percent of sitting judges and percent of active judges on the Eastern District Court of Oklahoma.
Seay—but he does not actively serve. There are no African American, Asian American, or Hispanic judges serving on the Eastern District Court of Oklahoma, nor are there any judges belonging to more than one race or ethnicity. Western District Court of Oklahoma Race and ethnicity Whites comprise 92 percent of sitting judges and percent of active judges on the Western District Court of Oklahoma.
There are no Asian American, Hispanic, or American Indian judges serving on the Western District Court of Oklahoma, nor are there any judges belonging to more than one race or ethnicity. Women of color There are no women of color serving as judges on the Northern District Court of Oklahoma. Women of color There are no women of color serving as judges on the District Court of Utah.
Gender and sexual orientation There is just one female judge on the district court, comprising 33 percent of sitting judges and active judges. Women of color There are no women of color serving on the District Court of Wyoming. Northern District Court of Alabama Race and ethnicity Whites comprise 92 percent of sitting judges and There are no Hispanic, Asian American, or American Indian judges serving on the Northern District Court of Alabama, nor are there any judges belonging to more than one race or ethnicity.
Southern District Court of Alabama Race and ethnicity Whites comprise 83 percent of sitting judges and 67 percent of active judges on the Southern District Court of Alabama. There are no Asian American, Hispanic, or American Indian judges serving on the Southern District Court of Alabama, nor are there any judges belonging to more than one race or ethnicity.
Gender and sexual orientation There are two female judges on the district court, only one of whom actively serves. Thompson—but he does not actively serve. There are no Asian Americans, Hispanic, or American Indian judges serving on the Middle District Court of Alabama, nor are there any judges belonging to more than one race or ethnicity. Gender and sexual orientation There is just one female judge on the district court, comprising 20 percent of sitting judges and half of all active judges.
Northern District Court of Florida Race and ethnicity Whites comprise 90 percent of sitting judges and all of the active judges on the Northern District Court of Florida. Mickle—but he does not actively serve. There are no Asian American, Hispanic, or American Indian judges serving on the Northern District Court of Florida, nor are there any judges belonging to more than one race or ethnicity. Gender and sexual orientation There is just one female judge on the district court, comprising 10 percent of sitting judges and 25 percent of active judges.
Southern District Court of Florida Race and ethnicity Whites comprise 63 percent of sitting judges and 50 percent of active judges on the Southern District Court of Florida. The court includes four African American judges, three of whom actively serve. There are no Asian American or American Indian judges serving on the Southern District Court of Florida, nor are there any judges belonging to more than one race or ethnicity.
Altonaga is Latina. Middle District Court of Florida Race and ethnicity Whites comprise 76 percent of sitting judges and 57 percent of active judges on the Middle District Court of Florida. There are no Asian American or American Indian judges serving on the Middle District Court of Florida, nor are there any judges belonging to more than one race or ethnicity. Women of color There are four women of color serving as judges on the Middle District Court of Florida, comprising 14 percent of sitting judges and 29 percent of active judges on the bench.
Northern District Court of Georgia Race and ethnicity Whites comprise 78 percent of sitting judges and 73 percent of active judges on the Northern District Court of Georgia. The court has one Hispanic judge. There are no Asian American or American Indian judges serving on the Northern District Court of Georgia, nor are there any judges belonging to more than one race or ethnicity. Ross, who is African American. Gender and sexual orientation There is just one female judge on the district court, comprising 20 percent of sitting judges and 33 percent of active judges on the bench.
Middle District Court of Georgia Race and ethnicity Whites comprise 71 percent of sitting judges and 75 percent of active judges on the Middle District Court of Georgia. 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.
The chart below shows the number of appeals court judges confirmed by the U. 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. 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. The rules that govern the procedure in the courts of appeals are the Federal Rules of Appellate Procedure.
In a Court of Appeals, an appeal is almost always heard by a panel of three judges who are randomly selected from the available judges, including senior judges and judges temporarily assigned to the circuit. Some cases, however, receive an en banc hearing; except in the Ninth Circuit, the en banc court consists of all circuit judges on active status, but does not include senior or assigned judges under some circumstances, a senior judge may participate in an en banc hearing when he or she participated at an earlier stage of the same case.
Historically, certain classes of cases held a right of automatic appeal to the Supreme Court of the United States ; that is, one of the parties to the case could appeal a decision of a court of appeals and the Supreme Court had to accept the case. There is no longer any right of automatic appeal for a decision of a Court of Appeals , but a party may apply to that court to review a ruling of the circuit court—called petitioning for a writ of certiorari —and the Supreme Court may, in its discretion, review any such ruling.
In extremely rare cases, the Supreme Court may grant certiorari before judgment, thereby removing a case from the Court of Appeals and reviewing the lower court's ruling directly. This procedure was used in the Watergate-related case, United States v. A Court of Appeals may also certify questions to the Supreme Court.
This procedure was formerly used on occasion but is now rare. The Second Circuit, sitting en banc , attempted to use this procedure in United States v. Penaranda , as a result of the Supreme Court's decision in Blakely v. Washington , but the Supreme Court dismissed the certificate after resolving the same issue in another case that had come to the Court through the standard procedure.
Appeals court decisions , unlike trial court decisions, are binding precedent. Other courts in that circuit must, from that point forward, follow the appellate court's guidance in similar cases, regardless of whether the trial judge believes that the case should be decided differently.
Laws may change over time, therefore the law that exists at the time of the appeal may differ from the law that existed at the time of the events being disputed by the litigants. A Court of Appeals applies the law as it exists at the time of the appeal, otherwise it would be handing down decisions that were instantly obsolete.
This rule does not, however, apply in criminal cases if the effect would be to create an ex post facto law. In order to serve as counsel in a case appealed to a circuit court, an attorney must be admitted to the bar of that circuit. The United States does not have a separate bar examination for federal practice except with respect to patent law. Admission to the bar of a circuit court is granted as a matter of course to any attorney who is admitted to practice law in any state of the United States.
The attorney submits an application, pays a fee and takes the oath of admission. Local practice varies as to whether the oath is given in writing or in open court before a judge of the circuit, and most courts of appeals allow the applicant attorney to choose which method he or she prefers.
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