Fifth Circuit Seal
Fifth Circuit U.S. Court of Appeals
Hon. Jennifer W. Elrod, Chief Judge
Lyle W. Cayce, Clerk of Court

Brief History

The United States Court of Appeals for the Fifth Circuit, often referred to as the Fifth Circuit, is one of thirteen federal appellate courts.

The Fifth Circuit convened for the first time on June 16, 1891, in the Customs House in New Orleans, and appointed James M. McKee as the first Clerk of Court and swore and admitted sixty-six attorneys to practice before the court. Today, the court's home is the John Minor Wisdom United States Court of Appeals Building in New Orleans, Louisiana.

In 1981, the Fifth Circuit Court of Appeals Reorganization Act divided the court and created a new circuit. The judicial districts of Mississippi, Louisiana, Texas, and the Canal Zone remained with the Fifth Circuit, while the judicial districts in Alabama, Georgia, and Florida became part of the new Eleventh Circuit. The Act transferred judges whose official duty stations were in the new Eleventh Circuit to that circuit. Of the twenty-six judgeships then authorized for the former Fifth Circuit, fourteen were assigned to the new Fifth Circuit and twelve to the Eleventh Circuit. Today, the work of the Fifth Circuit is performed by the seventeen active judges and nine senior judges.

Chief Judge

There have been eleven Chief Judges for the Fifth Circuit since the office was created in 1948. To serve as Chief Judge, 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 who meets these requirements.

A Chief Judge serves for a term of seven years or until age 70, whichever occurs first, although the age restrictions are waived if no members of the court would otherwise be qualified for the position. A Chief Judge returns to regular active service at the expiration of his or her term.

Chief Judges of the Fifth Circuit
  1. 1Joseph C. Hutcheson1948–1959
  2. 2Richard Rives1959–1960
  3. 3Elbert Tuttle1960–1967
  4. 4John Brown1967–1979
  5. 5James Coleman1979–1981
  6. 6John Godbold1981–1981
  7. 7Charles Clark1981–1992
  8. 8Henry A. Politz1992–1999
  9. 9Carolyn Dineen King1999–2006
  10. 10Edith H. Jones2006–2012
  11. 11Carl E. Stewart2012–2019
  12. 12Priscilla Richman2019–2024
  13. 13Jennifer Walker ElrodCurrent2024–present

Clerk of Court

The Clerk of Court is an officer appointed by the court to work with the Chief Judge and other judges in overseeing the court's administration, managing cases for the court. There have been ten Clerks of Court for the Fifth Circuit since 1891.

Clerks of Court of the Fifth Circuit
  1. 1James M. McKee1891–1901
  2. 2Charles H. Ledsum1901–1911
  3. 3Frank H. Mortimer1912–1926
  4. 4Oakley F. Dodd1926–1954
  5. 5John A. Feehan, Jr.1954–1957
  6. 6Edward W. Wadsworth1957–1979
  7. 7Gilbert F. Ganucheau1979–1992
  8. 8Richard Windhorst1992–1993
  9. 9Charles R. Fulbruge, III1993–2010
  10. 10Lyle W. CayceCurrent2010–present

Bar of the Fifth Circuit

In order to serve as counsel in a case, an attorney must apply and be admitted to the bar of the Fifth Circuit. The attorney submits an application, pays a fee, and takes the oath of admission. Fifth Circuit Bar Admission has grown from sixty-six in 1891 to almost 25,000 in 2024.