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Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless the circuit justice (the Supreme Court justice responsible for the circuit) is also on the panel. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the circuit judges.
To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges, with seniority determined first by commission date, then by age. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. If no judge qualifies to be chief, the youngest judge over the age of 65 who has served on the court for at least one year shall act as chief until another judge qualifies. If no judge has served on the court for more than a year, the most senior judge shall act as chief. Judges can forfeit or resign their chief judgeship or acting chief judgeship while retaining their active status as a circuit judge.
When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire, on what has since 1958 been known as senior status, or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.
Succession of seats
The court has fifteen seats for active judges, numbered in the order in which they were initially filled. Judges who assume senior status enter a kind of retirement in which they remain on the bench but vacate their seats, thus allowing the U.S. President to appoint new judges to fill their seats.
From 2000 to 2008, the Court had the highest rate of non-publication (92%) on the Federal Circuit.
The Chief Justice is always assigned to the Fourth Circuit as the circuit justice, due to Richmond's close proximity to Washington, D.C.
The Fourth Circuit is considered an extremely collegial court. By tradition, the judges of the Fourth Circuit come down from the bench following each oral argument to greet the lawyers.
Recess appointment by Bill Clinton on December 27, 2000, re-nominated by George W. Bush on May 9, 2001 and confirmed by the United States Senate on July 20, 2001.
"Fourth Circuit Judges". Official website of the United States Court of Appeals for the Fourth Circuit. Retrieved March 19, 2024.
Bond was appointed as a circuit judge for the Fourth Circuit in 1870 by Ulysses S. Grant. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Fourth Circuit.
Knapp did not have a permanent seat on this court. Instead, he was appointed to the ill-fated United States Commerce Court in 1910 by William Howard Taft. Aside from their duties on the Commerce Court, the judges of the Commerce Court also acted as at-large appellate judges, able to be assigned by the Chief Justice of the United States to whichever circuit most needed help. Knapp was assigned to the Second Circuit upon his commission and then to the Fourth Circuit in 1916.
Aaron S. Bayer (August 24, 2009), Unpublished Appellate Opinions Are Still Commonplace, The National Law Journal
Roberts, John G. (2006). "What Makes the D.C. Circuit Different?: A Historical View". Virginia Law Review. 92 (3): 375–389. ISSN0042-6601. JSTOR4144947.
