Article III of the Constitution governs the appointment, term of office, and payment of Supreme Court judges and federal circuit and district judges. These judges, often referred to as “Article III judges,” are appointed by the president and confirmed by the United States. An official website of the United States government uses official websites. GovA. The gov website belongs to an official government organization in the United States.
Courts were created under Article III of the Constitution to administer justice in a fair manner. Learn about federal court programs and services to help provide fair and impartial justice. The administration and governance of the judiciary occurs both at the national and regional levels. This section provides statistical data and news about the activity of the federal judiciary. Link to national federal rules of practice and procedures and to current forms.
Learn how to submit and access case files and information from court records. The Constitution establishes the judiciary as one of three separate and distinct branches of the federal government. These three branches (legislative, executive and judicial) operate within a constitutional system of “checks and balances”. This means that, while each power is formally separated from the other two, the Constitution often requires cooperation between the powers. Federal laws, for example, are approved by Congress and signed by the president.
The judiciary, in turn, has the authority to decide the constitutionality of federal laws and to resolve other cases related to federal laws. However, judges rely on the executive branch to enforce judicial decisions. Courts provide a peaceful way to decide private disputes that individuals cannot resolve on their own. Depending on the dispute or crime, some cases end up in federal courts and others in state courts.
Learn the difference between federal and state courts. The Supreme Court is the highest court in the United States. The Constitution created the Supreme Court and authorized Congress to pass laws establishing a lower court system. Learn more about the Supreme Court. There are 13 appellate courts that are below the U.S.
UU. Supreme Court, and they are called the U.S. The appellate court's task is to determine whether the law was properly applied in the trial court or in the federal administrative agency. Learn more about appellate courts.
The country's 94 district or trial courts are called the U.S. UU. District courts resolve disputes by determining the facts and applying the law to those facts. Bankruptcy courts help individuals and businesses that cannot pay their debts to “start from scratch.” Learn more about bankruptcy courts. Get information about processes, judicial culture, and historic cases. Do you want to further develop your knowledge of federal courts? Read How to Understand Federal Courts.
The separation of powers is the fundamental way in which our government balances power so that one part of the government does not dominate another. The idea is that each branch of government has its own functions and areas of authority. Download a map showing how federal courts are divided into twelve regional circuits and one federal circuit. Article III of the United States Constitution guarantees that everyone accused of having committed a crime has the right to a fair trial before a competent judge and a jury composed of their peers. When the executive and legislative branches are elected by the people, the members of the judiciary are appointed by the President and confirmed by the Senate.
Federal judges can only be removed by impeachment by the House of Representatives and a conviction in the Senate. Judges and magistrates do not serve a fixed term until their death, retirement or conviction by the Senate. By design, this isolates them from the temporary passions of the public and allows them to apply the law with only justice in mind and not taking into account electoral or political concerns. In general, Congress determines the jurisdiction of the federal courts.
However, in some cases, such as in the case of a dispute between two or more U.S. states. In the United States, the Constitution gives the Supreme Court original jurisdiction, an authority that Congress cannot dispossess. Courts only hear real cases and controversies. A party must show that they have been harmed in order to bring a lawsuit in court.
This means that courts do not issue advisory opinions on the constitutionality of laws or the legality of actions if the ruling has no practical effect. Cases brought before the judiciary often move from one district court to another appellate court and may even end up in the Supreme Court, although the Supreme Court hears comparatively few cases each year. Federal courts have the exclusive power to interpret the law, determine the constitutionality of the law and apply it to individual cases. Courts, like Congress, can compel the presentation of evidence and testimony through the use of a subpoena.
Lower courts are limited by Supreme Court decisions. Once the Supreme Court interprets a law, lower courts must apply the Supreme Court's interpretation to the facts of a given case. The Supreme Court of the United States is the country's supreme court and the only part of the federal judiciary specifically required by the Constitution. The Constitution does not stipulate the number of Supreme Court judges; instead, Congress sets the number.
There have been only six, but since 1869 there have been nine judges, including a president of the Supreme Court. All judges are appointed by the president, confirmed by the Senate and serve for life. Since judges do not have to run or campaign for re-election, it is believed that they are protected from political pressure when deciding cases. Judges can remain in office until they resign, die or are removed from office and convicted by Congress.
The number of Court cases is almost exclusively appellate, and the Court's decisions cannot be appealed to any authority, since it is the final judicial arbiter in the United States in matters of federal law. However, the Court may consider appeals from higher state courts or federal appellate courts. The Court also has original jurisdiction in cases involving ambassadors and other diplomats, and in cases between states. Although the Supreme Court can hear an appeal on any question of law as long as it has jurisdiction, it does not usually hold trials.
Instead, the Court's task is to interpret the meaning of a law, to decide if a law is relevant to a particular set of facts, or to decide how a law should be applied. Lower courts are required to follow the precedent set by the Supreme Court when making decisions. Criminal proceedings may be conducted under state or federal law, depending on the nature and extent of the crime. A criminal legal proceeding usually begins with an arrest by a law enforcement officer. If a grand jury decides to issue an indictment, the defendant will appear before a judge and be formally charged with a crime, at which point he can plead guilty.
The defendant has time to review all the evidence in the case and build a legal argument. The case is then brought to trial and decided by a jury. If the defendant is found not guilty of the crime, the charges are dismissed. Otherwise, the judge determines the sentence, which may include prison time, a fine, or even execution. Civil cases are similar to criminal cases, but instead of arbitrating between the state and a person or organization, they deal with disputes between individuals or organizations.
If one of the parties believes that they have been the subject of a tort, they can file a lawsuit in a civil court to try to remedy that grievance through a cease and desist order, modification of conduct, or award of monetary compensation. Once the lawsuit is filed and both parties collect and present the evidence, the trial continues as in a criminal case. If the parties involved relinquish their right to a jury trial, the case may be decided by a judge; otherwise, the case is decided and the jury awards compensation for damages. Once a criminal or civil case is tried, it can be appealed to a higher court, a federal appeals court, or a state appellate court.
The litigant filing an appeal, known as an appellant, must show that the trial court or administrative agency committed a legal error that affected the outcome of the case. An appellate court makes its decision based on the case record established by the trial court or trial agency; it does not receive additional evidence or listen to witnesses. You can also review the factual findings of the court or trial agency, but you can usually only overturn the outcome of a trial on factual grounds if the findings were clearly wrong. If a defendant is found innocent in criminal proceedings, he cannot be tried again for the same set of facts.
The appellate court usually has the last word in the case, unless it returns the case to the trial court to initiate additional proceedings. In some cases, the decision may be reviewed in full, that is, by a larger group of circuit appellate court judges. gov A. Courts in the federal system work differently in many ways than state courts.
The main difference between civil cases (as opposed to criminal cases) is the type of cases that can be heard in the federal system. Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the U.S. Constitution or federal laws. The federal district court is the starting point for any case that arises under federal laws, the Constitution, or treaties. This type of jurisdiction is called an “original jurisdiction”.
Sometimes, the jurisdiction of state courts overlaps with that of federal courts, meaning that some cases may come between both courts. The plaintiff has the initial option of presenting the case in a state or federal court. However, if the plaintiff chooses a state court, the defendant may sometimes choose to “move” to federal court. Criminal cases cannot be initiated under diversity jurisdiction.
States can only initiate criminal actions in state courts, and the federal government can only initiate criminal proceedings in federal courts. It is also important to note that the principle of double incrimination, which does not allow a defendant to be tried twice on the same charge, does not apply between the federal and state governments. If, for example, the state files a murder charge and fails to obtain a conviction, the federal government may in some cases bring charges against the defendant if the act is also illegal under federal law. Federal judges (and “magistrates” of the Supreme Court) are selected by the president and confirmed “with the advice and consent of the Senate” and “will remain in office as long as there is good conduct”.
Judges can hold office for the rest of their lives, but many resign or retire early. They can also be impeached by impeachment by the House of Representatives and a conviction by the Senate. Throughout history, fifteen federal judges have been dismissed for alleged irregularities. An exception to the appointment for life are trial judges, who are selected by district judges and serve a specific term of office. District courts are the general trial courts of the federal court system.
Every district court has at least one United States district judge, appointed by the president and confirmed by the Senate for a lifetime term. District courts process lawsuits within the federal court system, both civil and criminal. The districts are the same as those in the United States. The United States Attorney is the federal government's chief prosecutor in their respective area. District court judges are responsible for administering the court and supervising court employees.
They can continue to serve as long as they maintain “good behavior,” and Congress can remove and dismiss them. There are more than 670 district court judges across the country. Some of the functions of the district court fall to federal trial judges. Magistrates are appointed by the district court by a majority vote of the judges and serve for a term of eight years if they are full-time and four years if they are part-time, but they can be re-elected after the end of their mandate.
In criminal matters, trial judges can oversee certain cases, issue search and arrest warrants, conduct initial hearings, secure bail, decide certain motions (such as a motion to suppress evidence), and other similar actions. In civil cases, magistrates often handle a variety of issues, such as pre-trial motions and the disclosure of evidence. Federal trial courts have also been established for some specific areas. Each federal district also has a bankruptcy court for those proceedings.
In addition, some courts have domestic jurisdiction for issues such as taxes (U.S. Tax Court), lawsuits against the federal government (U.S. Federal Claims Court), and international trade (U.S. International Trade Court).
Once the federal district court has decided a case, it can be appealed to a United States appellate court. There are twelve federal circuits that divide the country into different regions. The Fifth Circuit, for example, includes the states of Texas, Louisiana and Mississippi. District court cases from those states are appealed to the U.S. Fifth Circuit Court of Appeals, which is based in New Orleans, Louisiana.
In addition, the Federal Circuit Court of Appeals has national jurisdiction over very specific issues, such as patents. Each circuit court has several judges, ranging from six in the First Circuit to twenty-nine in the Ninth Circuit. District court judges are appointed for life by the president and confirmed by the Senate. Any case can be appealed to the district court once the district court has finalized a decision (some issues can be appealed before a final decision through an “interlocutory appeal”).
Appeals to circuit courts are first reviewed by a panel comprised of three circuit court judges. The parties file “briefs” with the court, arguing why the trial court's decision must be “confirmed” or reversed. Once the briefs have been submitted, the court will schedule an “oral argument”, in which the lawyers will appear before the court to present their arguments and answer the judges' questions. While rare, the entire circuit court can consider certain appeals in a process called an “en banc” hearing.
Once a panel has ruled on a matter and “published” the opinion, no future panel can overturn the previous decision. However, the panel may suggest that the circuit examine the full case to reconsider the decision of the first panel. In addition to the Federal Circuit, some courts have been created to hear appeals on specific issues, such as veterans' lawsuits (U.S. Veterans Court of Appeals) and military matters (U.S.
Armed Forces Court of Appeals)). The Supreme Court of the United States is the highest court in the American judicial system and has the power to decide appeals in all cases brought in federal court or those brought before a state court but that relate to federal law. For example, if a state's highest court (usually the state's supreme court) decided a First Amendment free speech case, the case could be appealed to the federal Supreme Court. However, if that same case were decided solely on the basis of a state law similar to the First Amendment, the Supreme Court of the United States would not be able to consider the case.
Once the circuit court or state supreme court has ruled on a case, either party can choose to appeal to the Supreme Court. However, unlike circuit court appeals, the Supreme Court is not usually required to hear the appeal. The parties can file a “writ of certiorale” with the court, asking it to hear the case. If the court order is granted, the Supreme Court will receive the written documents and submit the oral arguments. If the order is not granted, the opinion of the lower court prevails. Certiorum is not often granted; in fact, it hears less than 1% of appeals to the high court.
Usually, the court hears cases when there are conflicting decisions across the country on a particular issue or when there is a serious error in a case. The members of the Court are called “judges” and, like other federal judges, are appointed by the president and confirmed by the Senate for a lifetime term. There are nine judges in the court: eight associate judges and one president of the Supreme Court. The Constitution does not set requirements for Supreme Court judges, although all current members of the court are lawyers and most have served as circuit court judges.
Judges are also often former law professors. The president of the Supreme Court acts as administrator of the court and is elected by the president and approved by Congress when the position is vacant. The Supreme Court meets in Washington, D. C.
The court holds its annual term from the first Monday in October to each summer and usually ends at the end of June. Executive Office of the United States Attorney, United States Department of Justice, 950 Pennsylvania Avenue, New Room 2242 Washington, DC 20530-0001 Do you have questions about government services? The United States district courts are the trial courts of the United States. There is a district court for each federal judicial district. State or part of a state.
There is at least one federal courthouse in each district, and many districts have more than one. District court decisions are appealed to the U.S. UU. The appellate courts of the circuit in which they reside, except in certain specialized cases that are appealed to the U.S. Federal Circuit Court of Appeals or directly to the United States District Court, district courts are courts of justice, equity, and admiralty, and can hear civil and criminal cases.
State courts and federal district courts are courts of limited jurisdiction and can only hear cases involving disputes between residents of different states, questions of federal law, or federal crimes. When the Act was first passed, thirteen districts were created among the eleven states that had ratified the Constitution at the time. When North Carolina and Rhode Island voted for ratification, a district was created for each of them, bringing the number of districts to fifteen. The territories (island areas) of Guam, the Northern Mariana Islands, and the United States Virgin Islands each have a territorial court; these courts are called district courts and exercise the same jurisdiction as district courts, but they differ from district courts in that territorial courts are Article IV courts, with judges serving ten-year terms rather than judges of Article III courts, such as district court judges. Because American Samoa does not have a federal district court or land court, its federal cases are referred to the District of Columbia or Hawaii. The Philippines, which was formerly part of the United States, was never part of the U.S.
There are 89 districts in all 50 states, with a total of 94 districts, including territories. There is at least one judicial district for each state, the District of Columbia and Puerto Rico. There are other federal trial courts that have national jurisdiction over certain types of cases, but the district court also has concurrent jurisdiction over many of those cases, and the district court is the only one that has jurisdiction over civil criminal cases. The United States Court of International Trade deals with cases involving international trade and customs issues.
The United States Court of Federal Claims has exclusive jurisdiction over most pecuniary damage lawsuits against the United States, including disputes over federal contracts, illegal appropriation of private property by the federal government, and lawsuits for injuries to federal property or brought by a federal employee. The United States Tax Court has jurisdiction over contested tax determinations prior to liquidation. A judge in a United States district court officially receives the title of United States district judge. Other federal judges, including circuit judges and Supreme Court judges, can also serve on a district court when so appointed by the chief circuit judge or the president of the Supreme Court of the United States.
The number of judges in each district court (and the structure of the judicial system in general) is established by Congress in the United States Code. The president appoints federal judges for good conduct (subject to the advice and consent of the Senate), so candidates often share at least some of their convictions. In states represented by a senator from the president's party, the senator (or the older senator if both senators are from the president's party) participates substantially in the nomination process and, through a tradition known as senatorial courtesy, can exercise an unofficial veto over an unacceptable candidate for senator. Federal magistrates are appointed by each district court in accordance with the law. They are appointed for an eight-year term and can be re-elected for additional eight-year terms.
A trial judge can be removed for incompetence, misconduct, breach of duty, or physical or mental disability. A trial judge position can be a stepping stone to the nomination for a district judge. District judges often focus on managing their court's total volume of cases, overseeing trials, and drafting opinions in response to important motions, such as the motion for summary judgment. Since the 1960s, routine tasks, such as resolving discovery disputes, can, at the discretion of the district judge, be referred to trial judges.
Trial judges may also be asked to prepare reports and recommendations on contested issues for consideration by the district judge or, with the consent of all parties, to assume full jurisdiction over a case, including the holding of the trial. With the exception of territorial courts (Guam, the Northern Mariana Islands and the Virgin Islands), federal district judges are judges under Article III appointed for life and can only be unintentionally removed if they violate the rule of good behavior. The only method to unintentionally remove a judge is by impeachment by the United States House of Representatives, followed by a trial in the United States Senate and a conviction by two-thirds of the votes. Otherwise, a judge, even if a jury finds you guilty of a serious crime, has the right to hold office until retirement or death.
In the history of the United States, twelve judges have been dismissed by the House of Representatives and seven have been dismissed after being convicted in the Senate. For a table that includes the twelve dismissed judges, see Impeachment in the United States. These senior judges are not included in the district's quota of active judges and only do the work assigned to them by the district's chief judge, but they maintain their offices (called cameras) and their staff, and many of them work full time. Each district court appoints a clerk, who is responsible for overseeing submissions filed with the court, maintaining court records, processing fees, fines and restitution, and managing the court's non-judicial work, including information technology, budgeting, procurement, human resources, and finance.
Clerks can appoint deputies, administrative assistants, and employees to carry out the work of the court. The clerk of each district court must reside in the district for which he was appointed, except that the Clerk of the District of Columbia and the Clerk of the Southern District of New York may reside within a radius of twenty miles from their respective districts. The Judiciary Act of 1789 authorized the Supreme Court and the judge of each district court in the United States to appoint a clerk to assist in the administration of federal judicial matters in those courts. The clerk of each district court should also act as the clerk of the corresponding circuit court.
The Judiciary Act required each secretary to issue subpoena orders for members of the jury and to record the decrees, judgments and decisions of the court of which he was secretary. The Judicial Code (28 U, S, C. The functions of the clerk are prescribed by law, the customs and practices of the court, and the policy established by the United States Judicial Conference. The clerk is appointed by order of the full court to serve the entire court.
The role of the secretary and of the deputies or assistants should not be confused with that of the legal secretaries of judges, who assist judges in carrying out investigations and preparing draft opinions. To be eligible as an employee, a person must have a minimum of 10 years of progressively responsible administrative experience in public service or business that provides in-depth knowledge of the organizational, procedural and human aspects of managing an organization, and at least 3 of the 10 years must have held a position of substantial administrative responsibility. An attorney can replace the requirement for managerial or administrative experience with the active practice of law year after year. Clerks don't have to be licensed attorneys, but some courts specify that a law degree is a preference for employment.
Unlike some state courts, the power of federal courts to hear cases and controversies is strictly limited. Federal courts may not decide every case brought before them. For a district court to consider a lawsuit, Congress must first grant the court jurisdiction over the type of dispute in question. In addition to their original jurisdiction, district courts have appellate jurisdiction over a very limited class of judgments, orders, and decrees.
Provisional admission is also available in most federal district courts, on a case-by-case basis. Most district courts require that pro hac deputy attorneys partner with an attorney authorized to practice before the court. In general, a final judgment of a district court in a civil or criminal case can be appealed to the United States appellate court of the federal judicial circuit in which the district court is located, except that some district court judgments relating to patents and other specialized matters must be appealed to the U.S. Federal Circuit Court of Appeals and, in very few cases, the appeal can be brought directly to the Supreme Court of the United States.
There are some additional defunct district courts that follow neither of the previous two patterns. The judicial system of the United States is based on the principle of federalism, which gives certain functions to States United Government, and let states perform other functions. The first Congress established a federal judicial system and individual states were allowed to maintain their own judicial structure. Early in our history, most cases were tried in state courts.
Later, the federal government and the federal judiciary began to exercise jurisdiction over certain crimes and civil matters. As a result, a dual system of state and federal courts has developed. Therefore, federal and state courts may have concurrent jurisdiction over certain crimes. For example, a person who robs a bank can be tried and convicted in state court for robbery, but can then be tried and convicted in federal court for the federal crime of robbing a savings institution authorized by the federal government. Therefore, the principle of double criminality, which prevents a defendant from being tried twice for the same crime, does not apply between the government federal and state.
Therefore, if the state files charges for a particular crime but fails to obtain a conviction, in some cases the federal government can also bring charges against the defendant if the act is illegal under federal law. Federal courts resolve disputes related to the Constitution of the United States and laws enacted by Congress, known as statutes. Therefore, compared to state courts, federal courts decide very limited types of cases. Examples include cases to which the United States is a party, cases involving violations of the Constitution or federal law, crimes on federal lands, and bankruptcy cases. Federal courts also hear cases based on state law involving parties from different states.
There are 94 district courts, 13 circuit courts and a Supreme Court across the country. While federal legislation is for the most part uniform across all circuits, and all federal appellate courts apply the same federal rules of appellate procedure, there are occasional disagreements between the different circuits in the interpretation of federal law. Disagreements between appellate courts over important legal issues, known as “circuit divisions,” are one of the most common reasons the Supreme Court may decide to review a case. Congress has divided the country into 94 federal judicial districts, and in each district there is a federal district court.
Federal district courts are the lowest level of the federal court system and handle thousands of cases each year, both civil and criminal. As federal trial courts, they are where federal cases are tried, where witnesses testify and juries act. These courts have original jurisdiction over all cases involving a violation of federal laws or other cases of federal jurisdiction defined by law. Original jurisdiction refers to the power of a court to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.
Every district court has at least one U.S. district judge, who is responsible for administering the court and supervising the court's employees. Federal judges, including district court judges to Supreme Court judges, are selected by the president and confirmed by the Senate. While many resign or retire early, judges can hold office for the rest of their lives, as long as they maintain “good behavior.” They can be removed by impeachment by the House of Representatives and a conviction by the Senate.
There are more than 670 district court judges across the country. Some district court responsibilities fall on federal trial judges. Magistrates are appointed by the district court by a majority vote of the judges. Each of the 94 federal judicial districts is also assigned a United States attorney, who acts as the federal government's chief prosecutor. The Congress divided the country into 12 regional circuits, and each of the 94 districts was assigned to one of the twelve circuits. In each circuit there is an appellate court, which are the intermediate-level appellate courts within the federal system.
For example, the U.S. Court of Appeals for the First Circuit, based in Boston, Massachusetts, hears appeals from U.S. district courts in the districts of Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island. Once the federal district court has decided a case, the case can be appealed to a district court.
If you lose a trial in district court, you can ask the appellate court to review the case to see if the judge applied the law correctly during the trial. Any case can be appealed to the district court once the district court has made a final decision. However, there are certain issues that can be appealed before a final decision has been made in a case; this is called an interlocutory appeal. District court judges are also appointed for life by the president and confirmed by the Senate.
Each circuit court has several judges, ranging from six in the First Circuit to twenty-nine judges in the Ninth Circuit. However, appeals to circuit courts are first examined by a panel comprised of three circuit court judges. Although rare, some appeals can be processed “en banc”, meaning that a case is heard before all the judges of a district court. When a case is appealed to a circuit court, the parties to the case file “briefs” with the court, arguing why the trial court's decision must be “confirmed” or “overturned.” Supreme Court, based in Washington, D.C.
For example, if a state's superior court (usually the state's supreme court) decided a First Amendment free speech case, that case could be appealed to the U.S. Supreme Court even if it didn't start in the federal court system. However, if that same case were decided strictly on the basis of a state law similar to the First Amendment, that would not be the case in the United States. Unlike an appellate court, the Supreme Court is not required to hear every case. In fact, the Supreme Court hears only a very small percentage of the cases it is asked to review.
If four Supreme Court judges vote to hear a case, the Court will issue a writ of certification. This is an order addressed to a lower court to send case records to the Supreme Court for review. Once the court order has been granted, the Supreme Court will receive written documents from both parties and submit oral arguments. The Court meets on the first Monday in October and usually stays in session until June.
Of the approximately 5,000 appeals filed each year, the Court only agrees to review about 200 and cannot issue an opinion on each of those cases. Usually, the Court decides to hear cases when there is a serious and obvious error or when there are contradictory decisions across the country with respect to a particular issue. The members of the Supreme Court of the United States are called “judges” and, like other federal judges, are appointed by the president and confirmed by the Senate for a lifetime term. Although the Constitution does not establish specific requirements for judges of the Court, they are usually lawyers who have previously been district court judges. The President of the Supreme Court acts as administrator of the Court and, when the position becomes vacant, the President elects the new President of the Supreme Court and is approved by Congress.
Unlike appellate courts, the Supreme Court never meets in panels: all nine judges hear all cases and cases are decided by majority. If there is a conviction in a criminal case, the defendant will normally have the right to appeal. In most criminal cases, the defendant files an appeal after being found guilty. Government appeals are limited in the United States.
The “double incrimination” clause of the Fifth Amendment protects against multiple prosecution for the same crime. Therefore, if the defendant is acquitted, the government cannot appeal. However, there are limited cases where the government can file an appeal. For example, the government can appeal court judgments that grant the defendant post-conviction relief (e.g., it can also appeal district court decisions on certain pre-trial petitions (e.g., under rule 4 (b) (A) of the Federal Appellate Procedure Regulations, the defendant's notice of appeal must be filed with the district court within 14 days of the sentence.
Once the notice of appeal has been filed, the appellate court will normally issue an order setting out the schedule for filing briefs. The party appealing the case is responsible for obtaining the necessary transcripts of the proceeding and for gathering the “file” of the appeal. This includes items such as any relevant motion filed in the case, transcripts of the relevant proceedings, and evidence from the trial. Usually, the appellant's attorney must coordinate with the prosecutors dealing with the appeal what should be included in the dossier.
The parties will then file written submissions, which is the most important document of an appeal. The parties' attorneys must state in writing all their arguments to affirm or annul a judgment. It is critical that these arguments be presented clearly and completely, because federal appellate judges will refuse to consider arguments that are not included in the briefs. Appellate courts usually decide cases using panels of three judges.
The panel assigned to a particular case will read the written documents, review the record, and decide the case. Most criminal appeals in federal courts are resolved “on the basis of written evidence,” that is, without oral arguments. The length of an appeal can vary from circuit to circuit, but generally, appeals in the federal criminal system can take a significant amount of time. Ultimately, the appellate court's decision will match that of the lower court and will confirm the previous decision; or it will disagree with the lower court and overturn the previous decision; or it will agree in part, disagree in part and return the case to the lower court for further action or to resolve certain issues.
In approximately 90% of the criminal cases appealed, the decision confirms the criminal conviction. If the judgment is upheld, it means that the appellate court finds that the district court did not make any mistakes or, if an error was made, that it was not serious enough to affect the outcome. If the judgment is overturned, the decision will usually include certain additional instructions. For example, the appellate court may order the trial court to dismiss the charges, hold a new trial, overturn a portion of the fine, or resentence the defendant.
The exact instructions will depend on the nature of the arguments presented in the appeal and on the specific remedies requested by the defendant. If the appellate court upholds the district court's ruling, the defendant's lawyer (now referred to as the “appellant”) can ask the appellate court to “rehear” the case. For this purpose, the same panel of judges can participate, known as a panel hearing, or a new bench hearing, in which all the court's judges hear the case. As noted above, a full hearing is unlikely to take place, unless the case involves a important legal issue.
The request for a new hearing must be filed within 14 days of the appellate court ruling confirming the conviction. If a new hearing is not requested or is denied, the next option is to file a petition for a writ of certiminary, asking the Supreme Court of the United States to hear the case. Once again, the Court usually reserves the right to grant certificates in cases where there is disagreement or “division” between two or more federal appellate courts on an issue, or when the case concerns an issue extraordinarily important legal. If the defendant wishes to seek review by the Supreme Court, he must do so within 90 days from the date of the appellate court's decision.
An appeal is not the same as a new trial and, therefore, is not a forum for determining whether a defendant is guilty or not guilty. Rather, the appellate court focuses on determining whether the district court correctly applied the law during the trial. Therefore, the arguments presented on appeal will be different from those presented at trial. While the arguments will vary in each case, the issues that may arise on an appeal or are generally limited to what is called a “trial court error.” Specifically, these issues may include the composition of the jury, the admission of certain evidence, prosecutorial misconduct, jury instructions, or sentencing. The Department of Justice, specifically the Office of the United States Attorney, represents the government in federal processes, including appeals.
However, in all cases before the Supreme Court of the United States, the government is represented by the Office of the Attorney General. Criminal defendants who can afford private counsel can hire the federal attorney of their choice, usually one who specializes in appeals. However, if a defendant is found to be indigent, a court-appointed attorney will be provided. Just as the Sixth Amendment guarantees the criminal defendant's right to have an attorney defend him at trial, the U.S.
Supreme Court has expanded this constitutional right to the assistance of an attorney to include representation during the first appeal after conviction, also known as an “appeal by right.” Unlike the first appeal against a decision made by a district court, a “discretionary appeal” is normally filed after the first appeal, in which the defendant submits a petition to the highest court in his power (i.e., the Supreme Court in a federal case).Since the Supreme Court has the discretionary power to hear the case or not or to simply deny the appeal, there is no constitutional right to the assistance of an attorney in this circumstance. Federal Courts and the Executive Branch Under the Constitution, the President appoints federal judges with the advice and consent of the Senate. The president usually consults senators or other elected officials regarding candidates for vacancies in federal courts. The president's power to appoint new federal judges is not the only interaction between the judiciary and the executive branch.
The Department of Justice, which is responsible for prosecuting federal crimes and representing the government in civil cases, is the most frequent litigator in the federal court system. Several other agencies of the executive branch affect the functioning of the courts. The U.S. Marshals Service, for example, provides security for federal courts and judges, and the General Services Administration builds and maintains federal courts.
By the late 1860s, the legal work of the federal government had become extremely disorganized and expensive, leading to to call for reform. In general, the United States does not have an independent bar exam for federal practice (except with respect to patent practice before the United States Patent and Trademark Office). By law, the U.S. Federal Circuit Court of Appeals has exclusive appellate jurisdiction over patents, trademarks and certain employee benefits.
Historically, the responsibility to appoint an attorney in federal criminal proceedings for those who cannot afford representation expenses has fallen on the federal judiciary. Because it geographically encompasses the headquarters of federal agencies, the judges of the United States Court of Appeals for the District of Columbia Circuit acquire special knowledge in administrative and constitutional law. The Sixth Amendment to the United States Constitution guarantees the defendant the right to be represented by an attorney in serious criminal proceedings. When Congress established federal courts in the Judiciary Act of 1789, it also provided that executive branch officials represent the interests of the United States before the courts.
To represent one of the parties in a case before a district court, a person must be an attorney and generally must be admitted to the bar association of that particular court. All federal courts in the United States are courts of limited jurisdiction, meaning that they only hear cases whose jurisdiction is authorized by the Constitution or federal laws of the United States. In addition, the Federal Circuit Court of Appeals has national jurisdiction to hear appeals in specialized cases, such as those related to patent laws and cases decided by the International Trade Court and the Federal Claims Court.
