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Welcome to the United States Court of Appeals for the 11th Circuit
Honorable J.L. Edmondson, Chief Judge
Tom Kahn, Clerk of Court
Court Address:
56 Forsyth St. N.W.
Atlanta, Georgia 30303
Clerk's Office Main Phone: (404) 335-6100
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EnBanc Issues (.PDF files)
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Documents (.PDF files)
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Attorney Update Form
Human Resources
Related Links
11th Circuit Library
Most Requested Links:
Pacer (offsite link - opens in new window)
Court Directory
Clerk's Office
Opinion Search(.PDF files)
Application for Admission to the Bar (.PDF file)
Appearance of Counsel Form (.PDF file)
Fee Schedule
Briefing and Filing Instructions (.PDF files)
Electronic Filing
Judge Elbert P. Tuttle
Recent Updates:
FRAP; 11th Circuit Rules and IOP (Effective April 1, 2006)
(.PDF file)
Application to Appear Pro Hac Vice
(.PDF file)
General Order 32 (Pilot Program)
(.PDF file)
Instructions for Completing CJA 20 Voucher
(.PDF file)
Pattern Jury Instructions (Civil) 2005
(.PDF file)
About the Court
Use the links below to learn more about the Eleventh Circuit
About the Court
Active Judges
Senior Judges
Court Directory
Clerks Office Directory
Business Hours
Maps and Addresses
Fee Schedule
Where to send Case Filings
History of the Court of Appeals
Judge Elbert P. Tuttle
Eleventh Circuit Historical Society
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Established by Congress in 1981, the U.S. Court of Appeals for the Eleventh Judicial Circuit has jurisdiction over federal cases
originating in the states of Alabama, Florida and Georgia. The circuit includes nine district court's with each state divided into
Northern, Middle and Southern Districts.
In terms of cases filed and terminated by three-judge panels, the court is the busiest federal appellate court in the United
States with its twelve authorized judgeships.
Approximately three-fourths of the court's cases are decided on the briefs submitted by the parties, while the remaining
cases include oral argument. Oral arguments are held in the Elbert P. Tuttle United States Court of Appeals Building in
Atlanta, Georgia and are open to the public. Oral arguments are also held in Florida (Jacksonville and Miami), and
Alabama (Montgomery).
Maps and directions to all Eleventh Circuit buildings are available on this web site.
For additional information, contact the Clerk's Office at 56 Forsyth Street N.W., Atlanta, GA 30303. Phone: (404) 335-6100.
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Active Judges
Judge J.L. Edmondson - Chief Judge
U.S. Circuit Judge
United States Court of Appeals
Eleventh Circuit
Born: Jasper, Georgia July 14, 1947
Date of Appointment: May 7, 1986
Entered on Duty: June 9, 1986
Chief Judge: June 1, 2002 - Present
Education:
Emory University, B.A., 1968; University of Georgia School of Law, J.D., 1971; University of Virginia, LL.M. (Judicial Process), 1990.
Previous Employment:
Law Clerk to the Chief Judge in the Northern District of Georgia, 1971- 1973.
Professional Organizations:
American Bar Association, State Bar of Georgia, Gwinnett County Bar Association, Lawyers Club of Atlanta, and the Old War Horse Lawyers Club.
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Judge Gerald Bard Tjoflat
U.S. Circuit Judge
United States Court of Appeals
Eleventh Circuit
Born: Pittsburgh, Pennsylvania December 6, 1929
Date of Appointment: November 21, 1975
Entered on Duty: December 12, 1975
Chief Judge: October 1, 1989 - September 20, 1996
Education:
University of Virginia; University of Cincinnati; Duke University School of Law, LL.B., 1957
Previous Employment:
Judge, Circuit Court, Fourth Judicial Circuit of Florida, 1968-1970;
U.S. District Court, Middle District of Florida, 1970-1975;
Judge, U.S. Court of Appeals for the Fifth Circuit, 1975-1981
Committee Appointments/Professional Organizations:
Judicial Conference of the U.S., 1989-present; Chairman, Judicial Conference Committee on the Administration of the Probation System, 1973-1987 (appointed Chairman in 1978); Advisory Corrections Council, 1976-present; and U.S. Delegation at the Sixth and Seventh United Nations Congresses for the Prevention of Crime and Treatment of Offenders.
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Judge R. Lanier Anderson
U.S. Circuit Judge
United States Court of Appeals
Eleventh Circuit
Born: November 12, 1936
Date of Appointment:
Appointed on August 6, 1979 to the U.S. Court of Appeals for the Fifth Circuit, which on October 1, 1981, became an appointment to the U.S. Court of Appeals for the Eleventh Circuit.
Entered on Duty: October 1, 1981
Chief Judge: May 17, 1999 - May 31, 2002
Education:
Yale College, A.B., 1958; Harvard Law School, LL.B., 1961
Previous Employment:
U.S. Army, 1961-1963
Private Practice, 1963-1979
Committee Appointments/Professional Organizations:
Judicial Conference Committee on Codes of Conduct, 1987-1992, (Chairman, 1992-1995); American Bar Association; American Judicature Society; and the State Bar of Georgia.
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Judge Stanley F. Birch, Jr.
U.S. Circuit Judge
United States Court of Appeals
Eleventh Circuit
Born: Langley Field, Virginia August 29, 1945
Date of Appointment: May 14, 1990
Entered on Duty: June 12, 1990
Education:
Calvert Hall, 1963.
University of Virginia, B.A, 1967;
Emory University School of Law, J.D., 1970;
Master of Law in Taxation, 1976.
Previous Employment:
United States Army, First Lieutenant (1970-1972) (Vietnam Veteran)
Law Clerk to Chief Judge Sidney O. Smith, Jr., U.S. District Court N.D. Georgia (1972-1974)
Greer, Sartain & Carey (1974-1976)
Birch, Hartness & Link (1976-1985)
Vaughan, Davis, Birch & Murphy (1985-1990)
Professional Organizations:
American Bar Association, State Bar of Georgia, Atlanta Bar Association, Gainesville-Northeastern Bar Association, Lawyers Club of Atlanta, and Old Warhorse Lawyers Club.
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Judge Joel F. Dubina
U.S. Circuit Judge
United States Court of Appeals
Eleventh Circuit
Born: Elkhart, Indiana October 26, 1947
Date of Appointment: October 1, 1990
Entered on Duty: October 5, 1990
Education:
University of Alabama, B.S., 1970;
Cumberland School of Law, Samford University, J.D., 1973.
Previous Employment:
Private practice, 1974-1983; U.S. Magistrate, 1983-1986; U.S. District Judge, Middle District of Alabama, 1986-1990.
Committee Appointments/Professional Organizations:
Federal Judges Association; Federal bar Association; Alabama Bar Association; American Bar Association; Montgomery County Bar Association; Eleventh Circuit and Supreme Court Historical Societies; Member, Appellate Court Advisory Committee and Joint Advisory council of the Administrative Office, U.S. Courts
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Judge Susan H. Black
U.S. Circuit Judge
United States Court of Appeals
Eleventh Circuit
Born: Valdosta, Georgia October 20, 1943
Date of Appointment: August 12, 1992
Entered on Duty: September 3, 1992
Chief Judge: January 26, 1990 - August 21, 1992 Middle District of Florida
Education:
Florida State University, B.A., 1964;
University of Florida College of Law, J.D., 1967;
University of Virginia, LL.M., 1984.
Previous Employment:
U.S. District Court Judge, Middle District of Florida, 1979-1992; Chief Judge, January 26, 1990 - August 21, 1992, Middle District of Florida.
Committee Appointments/Professional Organizations:
Judicial Conference Committee on the Inns of Court, 1984-1987; Judicial Improvements Committee, 1987-1990; Committee on Court Administration and Case Management, 1990-1992; president, U.S. District Judge's Association of the Eleventh Circuit, 1987-1988; Board of Trustees, American Inn of Court Foundation, 1985-1991; founding member, Chester Bedell Inn of Court; Florida Bar; and Jacksonville Bar Association; Judicial Conference Committee on Federal-State Jurisdiction, 1998-present.
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Judge Ed Carnes
U.S. Circuit Judge
United States Court of Appeals
Eleventh Circuit
Born: Albertville, Alabama June 3, 1950
Date of Appointment: September 10, 1992
Entered on Duty: October 2, 1992
Education:
University of Alabama, B.S., 1972;
Graduated Cum Laude from Harvard Law School, J.D., 1975.
Previous Employment:
Alabama Attorney Generals Office, 1975-1992.
Professional Organizations:
Federal Judges Association; Chairman, Judicial Conference Advisory Committee on Criminal Rules, 2001-present; Member, Judicial Conference Advisory Committee on Criminal Rules, 1997-present
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Judge Rosemary Barkett
U.S. Circuit Judge
United States Court of Appeals
Eleventh Circuit
Born: Ciudad Victoria, Tamaulipas, Mexico August 29, 1939
Date of Appointment: April 21 1994
Entered on Duty: April 21 1994
Education:
Spring Hill Law College, B.S., (summa cum laude) 1967;
University of Florida Law School, J.D., 1970.
Previous Employment:
Educator in Elementary and Secondary Schools, 1960-1967; Trial Lawyer, private practice, 1970-1979; Judge, Circuit Court,
Fifteenth Judicial Circuit of Florida, 1979-1984; Judge, Fourth District Court of Appeals of Florida, 1984-1985; 1st woman Associate
Justice, Florida Supreme Court, 1985-1992; 1st woman Chief Justice, Florida Supreme Court, 1992-1994.
Professional Organizations:
American Bar Association, The Fellows of the American Bar Association, American Bar Association Standing Committee on Public Education, Florida Bar, National Association of Women Judges, Florida Commission on the Status of Women, and American Law Institute
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Judge Frank M. Hull
U.S. Circuit Judge
United States Court of Appeals
Eleventh Circuit
Born: Augusta, Georgia December 9, 1948
Date of Appointment: October 3, 1997
Entered on Duty: October 3, 1997
Education:
University of Reading, 1968-1969;
Randolph-Macon Woman's College, B.A., 1966-1968, 1966-1968;
Emory University School of Law, J.D., (cum laude), 1973.
Previous Employment:
Law Clerk to the Honorable Elbert P. Tuttle, United States Court of Appeals for the Fifth Circuit, 1973-1974; associate,
Powell, Goldstein, Frazer & Murphy, 1974-1980; partner Powell, Goldstein, Frazer & Murphy, 1980-1984; Judge, State
Court of Fulton County, 1984-1990; Judge, Superior Court of Fulton County, 1990-1994; U.S. District Judge, Northern
District of Georgia, 1994-1997.
Committee Appointments/Professional Organizations:
American Judicature Society, National Board of Directors, American Bar Association, Atlanta Bar Association,
Gate City Bar Association, North Fulton Bar Association, South Fulton Bar Association, Georgia Association of
Women Lawyers, Georgia Association of Black Women Attorneys, National Association of Women Judges, National
Center for State Courts, Lawyers Club of Atlanta, Bleckley American Inn of Court, and Federal Judges Association.
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Judge Stanley Marcus
U.S. Circuit Judge
United States Court of Appeals
Eleventh Circuit
Born: New York, New York March 27, 1946
Date of Appointment: November 12, 1997
Entered on Duty: November 24, 1997
Education:
Queens College of the City University of New York, B.A., (magna cum laude), 1967;
Harvard Law School, J.D., 1971
Previous Employment:
U.S. Attorney, Southern District of Florida, 1983-1985
U.S. District Court Judge; Southern District of Florida, 1985-1997
Committee Appointments/Professional Organizations:
Judicial Conference Committee on Federal-State Jurisdiction, 1991-present, (Chairman, 1992-present); Chairman Judicial Conference Ad Hoc Committee on Gender-Based Violence, 1992-present; Federal Bar Association; Florida State Bar Association; New York State Bar Association; Chairman, Magistrate Committee, Southern District of Florida; Executive Committee, Security Committee, Rules Committee, Southern District of Florida; and Civil Justice Advisory Committee, Southern District of Florida; Chairman, Board of Editors, Manual for Complex Litigation, 4th Ed.
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Judge Charles R. Wilson
U.S. Circuit Judge
United States Court of Appeals
Eleventh Circuit
Born: October 14, 1954 Pensacola, Florida
Date of Appointment: July 30, 1999
Entered on Duty: August 9, 1999
Education:
University of Notre Dame, B.A., 1976;
University of Notre Dame, J.D., 1979
Previous Employment:
Law clerk, Hon. Joseph W. Hatchett, U.S. Court of Appeals, Fifth Circuit, 1979-1980
Assistant county attorney, Hillsborough County, FL, 1980-1981
Private practice, Tampa, FL, 1981-1986
State county judge, Hillsborough County, FL, 1986-1990
U.S. Magistrate, U.S. District Court for the Middle District of Florida, 1990-1994
U.S. Attorney for the Middle District of Florida, 1994-1999
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Judge William H. Pryor Jr.
U.S. Circuit Judge
United States Court of Appeals
Eleventh Circuit
Born: April 26, 1962 Mobile, Alabama
Date of Appointment: June 9, 2005
Entered on Duty: February 20, 2004
Education:
Northeast Louisiana University, B.A., magna cum laude, 1984;
Tulane University School of Law, J.D., magna cum laude, 1987
Professional Career:
Law Clerk, Hon. John Minor Wisdom, U.S. Court of Appeals for the Fifth Circuit, 1987-1988; Cabaniss, Johnston, Gardner,
Dumas & O'Neal (Birmingham, Alabama 1988 to 1991); Walston, Stabler, Wells, Anderson & Bains (Birmingham,
Alabama 1991 - 1995); Adjunct Professor, Samford University, Cumberland School of Law, 1989-1995; Deputy Attorney
General, Alabama, 1995-1997; State Attorney General, Alabama, 1997-2004
Professional Organizations:
Member of the American Law Institute;
Member of the Board of Advisory Editors of the Tulane Law Review
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Senior Judges
Judge John C. Godbold
Senior U.S. Circuit Judge
United States Court of Appeals
Eleventh Circuit
Born: Coy, Alabama March 14, 1920
Date of Appointment: July 22, 1966
Entered on Duty: August 31, 1966
Chief Judge: February 2, 1981-September 2, 1986
Senior Status: October 23, 1987
Education:
Auburn University, B.S., 1940;
Harvard Law School, J.D., 1943.
Previous Employment:
Private practice, Rives and Godbold, 1949-1952; Godbold, Hobbs, and Copeland, 1952-1966.
Committee Appointments/Professional Organizations:
Judicial Conference of the U.S., 1981-1986; Board of the Federal Judicial Center, 1976-1981; Director, Federal Judicial Center,
1987-1990; Chairman, Board of Certification for Court Executives, 1987-1990; American Bar Association; American Judicature
Society; American Law Institute; and Alabama State Bar.
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Judge Paul H. Roney
Senior U.S. Circuit Judge
United States Court of Appeals
Eleventh Circuit
Born: Olney, Illinois September 5, 1921
Date of Appointment: October 16, 1970
Entered on Duty: November 23, 1970
Chief Judge: September 3, 1986-October 1, 1989
Senior Status: October 1, 1989
Education:
St. Petersburg Junior College, 1940;
University of Pennsylvania Wharton School of Commerce & Finance, B.S., 1942;
Harvard Law School, LL.B., 1948;
Stetson University College of Law, (Honorary) LL.D., 1977;
University of Virginia School of Law, LL.M. (Judicial Process), 1984.
Committee Appointments/Professional Organizations:
Judicial Conference of the U.S., 1986-1989, and its Executive Committee, 1987-1989; Judicial Conference Committee to Review Circuit Council Conduct and Disability Orders, 1991- 1993; Judicial Conference Special Committee on Federal Habeas Corpus Review of Capital Sentences, 1988-1989; Judicial Conference Subcommittee on Judicial Improvements, 1978-1984; Presiding Judge, U.S. Foreign Intelligence Surveillance Court of Review, 1994-2001; American Bar Association; American Judicature Society; American Law Institute; American Bar Foundation; and The Florida Bar.
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Judge James C. Hill
Senior U.S. Circuit Judge
United States Court of Appeals
Eleventh Circuit
Born: Darlington, South Carolina January 8, 1924
Date of Appointment: May 21, 1976
Entered on Duty: May 26, 1976
Senior Status: October 15, 1989
Education:
University of South Carolina, B.S.C., 1948 (war interrupted);
Lamar School of Law, Emory University, J.D., 1948.
Previous Employment:
Private practice, Atlanta, Georgia, 1948-1974; U.S. District Judge, Northern District of Georgia, 1974-1976.
Committee Appointments/Professional Organizations:
Judicial Conference Committee on Intercircuit Assignments, 1990-present; Chair, Federal Judicial Center Appellate Education Committee; American College of Trial Lawyers; American Bar Association; life fellow, American Bar Foundation; Lawyers Club of Atlanta; American Law Institute; American Judicature Society; State Bar of Georgia and Atlanta Bar Association.
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Judge Peter T. Fay
Senior U.S. Circuit Judge
United States Court of Appeals
Eleventh Circuit
Born: Rochester, New York January 18, 1929
Date of Appointment: September 17, 1976
Entered on Duty: October 8, 1976
Senior Status: January 19, 1994
Education:
Rollins College, B.A.; University of Florida, J.D., 1956.
Previous Employment:
Associate, Patton and Kanner, Miami, Florida, 1956; partner, Nichols, Gaither, Green, Frates and Beckham, Miami, Florida,
1956-1961; Frates, Fay, Floyd and Pearson, Miami, Florida, 1961-1970; U.S. District Judge, Southern District of Florida, 1970-1976.
Committee Appointments/Professional Organizations:
Judicial Conference Committee to Implement the Criminal Justice Act, 1975-1981; Ad Hoc Committee on Cameras
in the Courtroom, 1983-1984; Advisory Committee on the Codes of Conduct, 1979-1987; Judicial Conference Advisory
Committee on Appellate Rules, 1987-1989; Eleventh Circuit Standing Education Committee; Attorney General's Advocacy
Institute, faculty member, Department of Justice; National Judicial Council of State and Federal Courts, Co-chariman;
Executive Committee of the Eleventh Circuit Judicial Council; American Bar Association; Florida Bar Association; and Dade
County Bar Association; member, Special Panel of the U.S. Court of Appeals for the District of Columbia, Independent Counsel,
1994-present
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Judge Phyllis A. Kravitch
Senior U.S. Circuit Judge
United States Court of Appeals
Eleventh Circuit
Born: Savannah, Georgia August 23, 1920
Date of Appointment: March 23, 1979
Entered on Duty: April 10, 1979
Senior Status: December 31, 1996
Education:
Goucher College, B.A., 1941;
University of Pennsylvania Law School, LL.B., 1943
Previous Employment:
Chatham County Board of Education, 1949-1955; Judge, Superior Court, Eastern Judicial Circuit of Georgia, 1977-1979.
Professional Organizations:
American Bar Association, State Bar of Georgia, American Law Institute, American Judicature Society, and American Bar Foundation.
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Judge Emmett Ripley Cox
Senior U.S. Circuit Judge
United States Court of Appeals
Eleventh Circuit
Born: Cottonwood, Alabama February 13, 1935
Date of Appointment: April 18, 1988
Entered on Duty: April 25, 1988
Senior Status: December 18, 2000
Education:
University of Alabama, B.A., 1957;
University of Alabama Law School, LL.B., 1959
Previous Employment:
U.S. District Judge, Southern District of Alabama, 1981-1988
Committee Appointments/Professional Organizations:
Member, Alabama and Mobile Bar Associations;
Member, Federal Bar Association;
Member, Maritime Law Association of the United States;
Admitted to Bar, U.S. Supreme Court, Court of Appeals for the Fifth, Eighth, and Eleventh Circuits;
Defender Services Committee, Judicial Conference of the U.S., 1992-1998, Chair, 1995-1998;
Chair, Ad Hoc Subcommittee on Death Penalty Representation, Defender Services Committee, 1994-1995.
Adjunct Professor, University of Alabama School of Law, Fall 1996.
Committee on the Judicial Branch, Judicial Conference of the U.S., 2001-present.
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Court Directory
| Department Name |
Phone Number |
| Attorney Admissions |
(404) 335-6122 |
| Circuit Executives Office |
(404) 335-6535 |
| Kinnard Mediation Center (Atlanta) |
(404) 335-6260 |
| Kinnard Mediation Center (Tampa) |
(813) 301-5530 |
| Kinnard Mediation Center (Miami) |
(305) 714-1900 |
| Library (Atlanta) |
(404) 335-6500 (General Information) |
| Eleventh Circuit Historical Society |
(404) 335-6395 |
| Human Resources |
(404) 335-6202 |
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Clerk's Office Directory
| Main Number: |
(404) 335-6100
For Emergencies on Weekends/Nights, call the above number for instructions.
|
Section Information |
If you know which section you need to reach, you may contact that section
directly as follows:
| Section |
Contact Numbers |
|
Case Initiation Section
|
For information on appeals that have not yet been briefed:
(404) 335-6120 (appeals ending in alpha digits A, C, E, G, I, K
or
(404) 335-6125 (appeals ending in alpha digits B, D, F, H, J, L.
|
|
Brief/Case Closing Section
|
For information on appeals which either have a briefing schedule or have
been briefed:
(404) 335-6130 for appeals ending in alpha digits AA, CC, EE, GG, II, KK
or
(404) 335-6135 for appeals ending in alpha digits BB, DD, FF, HH, JJ, LL.
|
|
Calendaring Section
|
(404) 335-6131
|
|
Opinions Published
|
(404) 335-6151
|
|
Opinions Non-Published
|
(404) 335-6161 |
|
Records/Mail Section
|
(404) 335-6115 |
|
CJA & Attorney Services
|
(404) 335-6122 |
|
Human Resources
|
(404) 335-6202 |
|
For Job Announcements
|
(404) 335-6149 |
|
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Court Business Hours
The United States Court of Appeals for the Eleventh Circuit is
open between the hours of:
8:30 am - 5:00 pm EST
Monday through Friday
Closed on all Federal Holidays
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Maps and Addresses
Click on the location name to get driving directions, maps, and transit information.
Atlanta
Address: 56 Forsyth Street, N.W., Atlanta, Georgia 30303
Phone: (404) 335-6100
--------------------------------------------------------------------------------
Miami
(Satellite Office)
Address: 99 N.E. 4th Street, Miami, Florida 33132
Phone: (305) 536-4562
--------------------------------------------------------------------------------
Jacksonville
(unmanned)
Address: 300 N. Hogan St., Jacksonville, Florida 32202
--------------------------------------------------------------------------------
Montgomery
(unmanned)
Address: 15 Lee Street, 4th Floor Courtroom, Montgomery, Alabama 36104
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Directions to the Elbert Parr Tuttle
United States Court of Appeals Building
56 Forsyth Street N.W.
Atlanta, Georgia 30303
Directions to the courthouse from Hartsfield-Jackson International
Airport:
(approximately 12 miles or 20 minutes)
- Go northeast on South Terminal Parkway toward Airport Boulevard.
- Turn slight right, and stay right, onto Airport Boulevard.
- Airport Boulevard becomes North Terminal Parkway.
- Take the I-85 North ramp toward I-75 North/Atlanta.
- Merge onto I-85 North.
- Take the GA-10 East/Freedom Parkway. exit toward International Boulevard/Carter
Center.
- Stay left at the fork in the ramp.
- Stay straight to go onto Fort Street N.E.
- Turn slight left onto International Boulevard N.E.
- Turn left onto Peachtree Street N.E./Peachtree Street N.W.
- Turn slight right onto Forsyth Street.
- The courthouse is on the left between Walton Street and Poplar Street.
- Parking: Before passing the courthouse, turn right on
Luckie Street. There is a parking garage on the
left. Or continue on Luckie to Cone
Street and turn left. There are parking garages and
lots on Cone.
Maps: (.PDF)
Downtown Atlanta
Downtown and Midtown Atlanta
MARTA
Directions to the courthouse from major interstates:
I-20 East
- Exit at Spring Street.
- Turn right onto Spring Street and follow to Walton Street.
- Turn right onto Walton Street.
- The courthouse is on the left corner of Walton Street at the intersection
of Forsyth Street.
- Parking: After turning right on Walton Street, turn left
on Cone Street. There are parking garages and lots
on Cone.
I-20 West
- Exit at Spring Street.
- Turn left onto Spring Street and follow to Walton Street.
- Turn right onto Walton Street.
- The courthouse is on the left corner of Walton Street at the intersection of Forsyth Street.
- Parking: After turning right on Walton Street, turn left on Cone Street. There are parking
garages and lots on Cone.
I-75/85 North
- Exit at Martin Luther King Jr. Drive and follow to Forsyth Street.
- Turn right onto Forsyth Street.
- The courthouse is on the left between Walton and Poplar Streets.
- Parking: Continue one block and turn left on Luckie Street.
There is a parking garage on the left. Or continue
on Luckie to Cone Street and turn left. There are
parking garages and lots on Cone.
I-75/85 South
- Exit at Central Avenue and follow to Martin Luther King Jr. Drive.
- Turn left onto Martin Luther King Jr. Drive and follow to Forsyth Street.
- Turn right onto Forsyth Street.
- The courthouse is on the left between Walton and Poplar Streets.
- Parking: Continue one block and turn left on Luckie Street.
There is a parking garage on the left. Or continue
on Luckie to Cone Street and turn left. There are parking
garages and lots
on Cone.
Directions to the courthouse from the MARTA train:
- The Five Points Station is the center point for all north/south and
east/west train lines.
- Exit the train at the Five Points Station.
- Go to the street level.
- Exit the station on Forsyth Street, and turn right to walk up Forsyth
(3 blocks).
- Cross Marietta Street and Walton Street. The courthouse is on the left.
Enter through the center glass doors under the American Flag.
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Directions to the Miami Sattelite Office:
99 NE. 4th St., #1212
Miami, Florida 33132
Directions from airport (Miami, Intl.)
1: Start out going EAST on ramp
0.3 miles
2: Merge onto N. LE JEUNE RD/NW 42ND AVE/FL-953 S.
0.6 miles
3: Take the SR-836 E. ramp towards I-95/DOWNTOWN
0.2 miles
4: Merge onto FL-836 (portions toll)
3.8 miles
5: Stay STRAIGHT to go onto I-395 E.
0.6 miles
6: Take the NE 2ND AVE exit on the left towards US-1/BISCAYNE
0.5 miles
7: Merge onto the NE 11th TER
0.0 miles
8: Turn RIGHT onto BISCAYNE BLVD/US-1 S.
0.5 miles
9: Turn RIGHT onto NE 4TH ST.
0.2 miles
Total Distance:
6.6 miles
Total Time:
11 minutes
View Maps
(new page, use back link to return)
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Directions to Jacksonville Location:
300 N. Hogan Street
Jacksonville, Fl. 32202
Directions from airport (Jacksonville Intl.)
1: Start out going west on YANKEE CLIPPER RD. towards TERMINAL by turning left.
0.1 miles
2: Turn SLIGHT LEFT onto PARKING
0.1 miles
3: Go STRAIGHT
0.2 miles
4: Turn LEFT onto PARKING EXIT
0.1 miles
5: Stay straight to go onto AIRPORT EXIT
0.0 miles
6: AIRPORT EXIT becomes DIXIE CLIPPER RD.
0.5 miles
7: DIXIE CLIPPER RD. becomes FL-192 E.
1.4 miles
8: Take the I-95 ramp towards JACKSONVILLE
0.3 miles
9: Merge onto I-95 S.
10.2 miles
10: Take the UNION ST. EXIT, (#117), on the left towards RIVERFRONT/
SPORTS COMPLEX/US-90-ALT
0.1 miles
11: Keep LEFT at the fork in the ramp
0.0 miles
12: Turn SLIGHT LEFT onto W UNION ST/ FL-139 E/ US-23 S.
0.30 miles
13: Turn RIGHT onto N. JEFFERSON St.
0.26 miles
>
14: Turn LEFT onto W. MONROE St.
0.35 miles
14: Turn LEFT onto N. HOGAN St.
0.06 miles
Total Distance:
14.0
Total Time:
21 minutes
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Directions to the Montgomery Location:
15 Lee St.
Montgomery, Alabama, 36104
Directions from airport (Montgomery Regional; Dannelley Field.)
1: Start out going EAST on US-80 E. towards BREWER RD.
2.9 miles
2: Turn SLIGHT LEFT to take the I-65 N. ramp
0.5 miles
3: Merge onto I-65 N.
3.5 miles
4: Take the I-85 N. exit (#171) towards ATLANTA
0.3 miles
5: Merge onto I-85 N.
0.5 miles
6: Take the COURT ST. EXIT (#1)
0.1 miles
7: Stay straight to go onto ARBA ST.
0.3 miles
8: Turn LEFT onto US-331 N/US-231 ALT N/US-80 ALT E.
0.1 miles
9: US 331 N/US-231 ALT N/US/80 ALT E becomes US-231 ALT N/US-80 ALT E.
1.4 miles
Total Distance:
9.7 miles
Total Time:
19 minutes
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Fee Schedule
NOTICE: Effective April 9, 2006, the court of appeals fee for docketing an appeal, petition for review, or any other proceeding, is $450.00, pursuant to the Deficit Reduction Act of 2005.
(When combined with the district court fee of $5.00 for filing a notice of appeal, the total amount payable to the district court for filing a notice of appeal is $455.00.)
Public Fees: No fees are to be charged for services rendered
on behalf of the United States, with the exception of those specifically prescribed
in items 2,4, and 5. No fees under this schedule shall be charged to federal agencies
or programs which are funded from judiciary appropriations, including, but not
limited to, agencies, organizations, and individuals providing services authorized
by the Criminal Justice Act, 18 U.S.C. § 3006A, and Bankruptcy Administrator programs.
**Opinions**
$4.00 each copy
(1) For docketing a case on appeal or review, or docketing
any other proceeding, $450.00. A separate fee shall be paid by each party
filing a notice of appeal in the district court, but parties filing a joint
notice of appeal in the district court are required to pay only one fee. A docketing
fee shall not be charged for the docketing of an application for the allowance
of an interlocutory appeal under 28 U.S.C. § 1292(b), unless the appeal
is allowed.
[Clerk's Note: In addition to the $450.00 appellate docketing fee, there is
an additional district court filing fee of $5.00 for filing a Notice of Appeal
with the district court. Thus, the total amount payable to the district court
for filing a Notice of Appeal with the district court is $455.00.]
(2) For every search of the records of the court and
certifying the results thereof, $26.00.
This fee shall apply to the services
rendered on behalf of the United States if the information requested
is available through electronic access.
(3) For certifying any document or paper, whether the
certification is made directly on the document, or by separate instrument, $9.00.
(4)
For reproducing any record or paper,
$.50 per page. This fee shall apply to paper copies made from
either: (1) original documents; or (2) microfiche or
microfilm reproductions of the original records. This feel shall apply to services rendered
on behalf of the United States if the record or paper requested is
available through electronic access.
(5)
For reproduction of recordings of proceedings, regardless
of the medium, $26.00, including the cost
of materials.
This fee shall apply to services
rendered on behalf of the United States, if the reproduction of the
recording is available electronically.
(6)
For reproduction of the record in any appeal in which
the requirement of an appendix
is dispensed with by any court of appeals pursuant to Rule 30(f),
F.R.A.P., a flat fee of $71.00
(7)
For each microfiche or microfilm copy of any court record,
where available, $5.00
(8) For retrieval of a record from a Federal Records
Center, National Archives, or other storage location removed from the place
of business of the court, $45.00
(9) For a check paid into the court which is returned
for lack of funds $45.00
(10)
Fees to be charged and collected for copies of opinions shall be fixed, from time
to time, by each court, commensurate with the cost of printing.
(11)
The court may charge and collect fees, commensurate with the
cost of providing copies of the local rules of court. The court
may also distribute copies of the local rules without charge
(12)
The clerk shall assess a charge for the handling of
registry funds deposited with the court, to be assessed
from interest earnings and in accordance with the detailed
fee schedule issued by the Director of the Administrative
Office of the United States Courts.
(13)
Upon the filing of any separate or joint notice of appeal or application for appeal
from the Bankruptcy Appellate Panel, or notice of the allowance of an appeal from the
Bankruptcy Appellate Panel, or of a writ of certiorari, $5.00 shall be
paid by the appellant or petitioner.
(14)
The court may charge and collect a fee of $200 per
remote location for counsel's requested use of videoconferencin equipment
in connection with each oral argument.
(15)
For original admission of attorney's to practice, $170 each, including
a certificate of admission. For a duplicate certificate of admission or certificate of good standing,
$15.
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Where to send Case Filings
Address all Case Filings to:
Thomas K. Kahn, Clerk
U.S. Court of Appeals for the 11th Circuit
56 Forsyth St. N.W. Atlanta, Georgia 30303
Clerk's Office Main Phone Number:
404-335-6100
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History of the Court of Appeals
The U.S. Court of Appeals, the first and ultimate tenant of the building,
had been created twenty years earlier by an 1891 act of Congress to relieve
the Supreme Court of much of its growing appellate duties and to remedy deficiencies in
the cumbersome Circuit Court System, which was finally abolished in 1911.
The nine courts of appeal were not to be trial courts or to exercise original jurisdiction.
They were to be the indispensable middle rung in the three-tiered federal court system that had
been envisioned since the First Judiciary Act of 1789 established federal courts, pursuant to Article
III, section I of the Constitution. Below the courts of appeal were the U.S. district courts,
which were trial courts for civil and criminal cases involving federal law. Above the courts of appeal
was the Supreme Court. Many elements of the former circuit courts were embodied in the courts of
appeal.
Each court of appeals served a geographic region. For the former Fifth Circuit, that region
included Alabama, Florida, Georgia, Louisiana, Mississippi, Texas, and the Canal Zone, essentially
the same region served by the old Fifth Circuit Court since the reorganization of the circuits in
1866. Congress, in 1869, in an effort to strengthen the circuits, authorized the
appointment of a circuit judge for each circuit. The first judge of the reorganized Fifth Circuit,
appointed by President Grant in 1869, was William Burnham Woods. When Woods became the only jurist
from the Fifth Circuit ever to serve on the Supreme Court, his successor was Don Albert Pardee, appointed
in 1881.
Nearly all of the federal judges in the south followed their states in seceding from the Union in 1860-61 and had
become judges of the Confederate States of America. During the Reconstruction period after the war, a candidate
for federal judgeship had to be able to swear that he had given no aid to the Confederacy. Judge Woods was a former
Ohio legislator who had marched with General Sherman's army to the sea before settling in
Alabama after the war to be a cotton planter and attorney.
Judge Pardee was also a native of Ohio and former Union officer, having enlisted in a regiment raised by then
Colonel James A. Garfield. In 1865, he settled in New Orleans to practice law and subsequently won several
elections as a Republican. When Garfield was elected president in 1880, appointed his old friend Pardee to
be circuit judge. As circuit judge, Pardee was automatically a judge of the Court of Appeals, which was
supposed to hear cases in three-judge panels composed of the circuit judge, the Supreme Court justice
assigned to each circuit, and a district court judge.
Congress, in the 1891 Act which created the Court of Appeals, authorized a second judge for the Fifth Circuit,
and in 1892 that position was filled by Texan A.P. McCormick, a former Confederate soldier but Republican office
holder and, since 1879, a District Court judge for North Texas.
When congress authorized a third judge for the Fifth Circuit in 1899, the appointment went to David D. Shelby,
a Huntsville, Alabama, attorney and former Confederate cavalry officer.
The 1891 Court of Appeals Act designated one city in each circuit where court would be held. In the Fifth Circuit,
that was New Orleans, easily the principal city of the region. The court met in the Customs House on the
corner of Canal and Decatur Streets. In June 1902, Congress authorized the Fifth Circuit to hold a term
in a second city -- Atlanta, which was now the home of Senior Judge Pardee. Thus began a New Orleans-Atlanta
polarity which characterized the Fifth Circuit for much of its history. Fort Worth and Montgomery were added
later that year as additional places where the Court of Appeals would sit.
The Court of Appeals remained at three judges until 1930 when the number was increased to four. A fifth judge
was added in 1934, a sixth in 1942, a seventh in 1954, an eighth and ninth in 1961. Four more came at once
in 1966, two more in 1968, and in 1978, eleven new judges were authorized, bringing the total to 26. Rapid growth
characterized the federal courts generally, but the circuit that contained both Florida and Texas felt the strain
particularly. The Fifth was the busiest circuit in the nation by the late 1950s, hearing between 500 and 600 appeals
a year. That number increased radically during the next twenty years, topping 1,000 by 1964, then 2,000 by
1970 and 3,000 by 1974. by 1980, the total reached 4,236. One source of new cases came from the removal
from state to federal courts of racially-related criminal cases. The impact of the 1964 Civil Rights Act on
federal courts in the South was dramatic. The number of criminal cases nationwide removed to federal courts
was 14 in 1963, 43 in 1964 and 1,192 in 1965, and 1,075 of those 1965 cases were in the states that composed
the Fifth Circuit.
The cases heard by the Court of Appeals reflected the times. The Judiciary Act of 1925 sent habeas corpus
cases to the Courts of Appeals instead of to the Supreme Court. That Act and the presence in Atlanta of
a maximum security federal penitentiary brought some notorious criminals into the federal courthouse in Atlanta,
possibly even Al Capone himself. Capone was incarcerated in Atlanta and his attorneys field habeas corpus
appeals in Atlanta in 1933 and again in 1934.
The importance of Atlanta in the Fifth Circuit was enhanced by the strong role played by Samuel Hale Sibley,
a Court of Appeals judge from 1931 to 1947 and senior judge from 1942 to 1947. Judge Sibley lived in Marietta.
Among the noteworthy Fifth Circuit cases argued in Atlanta were Chapman v. King (1946) in which the court, in
an opinion by Judge Sibley, struck down Georgia's all-white Democratic primary, and Screws v. United States
(1944), in which the majority (Judges Edwin R. Holmes and Curtis L. Waller) found that a black beaten to death
by Georgia law enforcement officers was denied his civil rights because the officers acted under color of
state law. (Judge Sibley dissented and the Supreme Court reversed on the grounds that the law enforcement officers
acted beyond their legal authority.)
The handful of civil rights cases that surfaced in the 1940s was the prelude to the storm that gathered
after the landmark 1954 Brown v. Board of Education decision by the Supreme Court which struck down the principle
of separate-but-equal public education. That decision had far-reaching consequences, particularly in the states
that made up the Fifth Circuit, and it placed the U.S. District Courts and the Court of Appeals there in the
center of a firestorm. Under the leadership of a group of judges from the Fifth Circuit, the segregation
system which the South had nurtured for 100 years after the Civil War was dismantled in the name of the Constitution
of the United States.
That full story has been told (Cf. Frank T. Read and Lucy S. McGough, Let Them Be Judged, 1978; Jack Bass, Unlikely
Heroes, 1981, and Harvey C. Couch, A History of the Fifth Circuit 1891-1981), and it rightly belongs to
the whole Fifth Circuit, not the federal courthouse in Atlanta, but it brought moments of national attention
to events at 56 Forsyth Street and packed the Court of Appeals courtroom with civil rights litigants (pro and con),
newsmen and celebrated attorneys, caught up in the making of history.
In an Atlanta case, Holmes v. City of Atlanta (1955), blacks challenged the legality of all-white golf
courses operated by the city. The district court ruled that Brown v. Board of Education applied only to schools,
and that separate-but-equal golf courses were legal. It gave the city time to prepare separate golf courses for
blacks. The Court of Appeals affirmed the District Court, but the Supreme Court, which had just ruled Dawson v.
Mayor and City Council of Baltimore (1955) that segregated recreational facilities were illegal, overruled and directed
the district court to find in favor of the plaintiffs.
As the full force of the federal government was exerted to eradicate state-sanctioned segregation and the full
force of the state governments within the Fifth Circuit was exerted to preserve it, the federal courts in the
South provided the impetus for change. Federal District Court judges in the South had a mixed record in the desegregation
campaign of the 1960s. Some, like Alabama's Frank Johnson, Florida's Bryan Simpson and Louisiana's Skelly Wright,
applied the concept of Brown and its progeny and extended Supreme Court rulings in the face of local opposition.
Others cooperated with state political leaders to thwart or at least delay desegregation and had to be forced by
higher courts to apply proper Constitutional principles. But a working majority of the Fifth Circuit Court of
Appeals, led by a noted foursome (Elbert P. Tuttle, Richard T. Rives, John Minor Wisdom and John Robert Brown)
persevered to get the job done, in spite of divisions within the court.
The national spotlight swung to Judge Tuttle's Atlanta courtroom in January 1961 when the new chief
judge signed an order requiring the University of Georgia to immediately enroll two blacks, Hamilton E.
Holmes and Charlayne Hunter. That decision sent the University's lawyers scurrying to Washington in an unsuccessful
attempt to get the Supreme Court to overrule Judge Tuttle. It resulted in threats by the State to close
the University and in the brief suspension of the two students following tense confrontations on campus and a night
in which members of the Ku Klux Klan joined white students in stoning Ms. Hunters dorm. The Justice Department
threatened to use federal marshals to enforce the court order, and after four days of resistance, when it became
apparent that the full force of the federal government lay in Judge Tuttle's pen, the University was
desegregated.
Judge Tuttle, as a attorney, had maintained a law practice in Atlanta since 1923, but he was a Republican,
appointed to the bench by President Eisenhower, and he had grown up in interracial Hawaii and had few ties to
the Old South. Judge Tuttle served as chief judge and acknowledged leader of the court from 1960-1967, the period
of greatest intensity and significance in the litigious controversies over desegregation. Because he lived in
Atlanta and maintained permanent chambers in its federal courthouse, and because he pioneered the use of
such speedy, one-man court actions as the injunction pending appeal, Judge Tuttle brought to the Atlanta
courthouse greater prominence in civil rights litigation than might otherwise have befallen a
courthouse that was not the principal home of the Court of Appeals.
The spotlight came back to Atlanta and its Court of Appeals courtroom in July 1964. President John F. Kennedy
had been assassinated in Dallas in November 1963, and President Lyndon Johnson had mustered political forces
in Congress to pass the 1964 Civil Rights Act over bitter opposition from Southern legislators. It forbad discrimination
in public accommodations like restaurants and hotels. Two events in Atlanta followed the signing of that bill into
law on July 2, 1962. Attorney Moreton Rolleston, the owner of the Heart of Atlanta Motel, filed suit challenging
the constitutionality of the law, and an unsuccessful political office seeker named Lester Maddox became an
instant celebrity when he drove off five black ministers who attempted to enter his Pickrick Restaurant in downtown
Atlanta.
The Maddox and Heart of Atlanta Motel cases were combined and, at the request of the Justice Department,
heard by a three-judge panel at the courthouse in Atlanta in the first test of the constitutionality of the
far-reaching 1964 Civil Rights Act. Judge Tuttle, District Court Judge Frank A. Hooper and then District Court
Judge Lewis R. Morgan, after a trial that packed the courtroom with a capacity crowd of celebrated government
and NAACP lawyers, newsmen and observers, ruled unanimously that the law was constitutional, and they were upheld
when the Heart of Atlanta case was appealed to the Supreme Court. Maddox was later elected governor of
Georgia. During the trial, according to the Atlanta Constitution, "large crowds had to be turned away by
federal marshals when the courtroom was filled with "big guns" of the Justice Department and the NAACP Legal
Defense Fund."
The judicial load in the Fifth Circuit continued to mount. Repeated efforts to divide the circuit for administrative
reasons ran into politics in Congress as court leaders sparred with Senate Judiciary Chairman (and civil rights foe)
James Eastland. By 1980, the politics gave way to the urgency of doing something about the crushing workload, and,
after receiving petitions signed by every district and circuit judge and every bar association within the circuit,
Congress conducted formal hearings and approved, on October 14, 1980, the division of the court into two circuits.
A new, smaller Fifth Circuit Court would stay in New Orleans and exercise appellate jurisdiction over cases
originating in Louisiana, Texas and Mississippi, and a brand new, Eleventh Circuit would be located in Atlanta and
hear cases coming from Georgia, Florida, and Alabama. The split became official on October 1, 1981, and the twelve
judges living in the Eleventh Circuit states all elected to join that circuit, while the 14 judges living within
the new Fifth chose to stay with that Circuit. Atlanta was now home to the Eleventh Circuit Court of Appeals,
and Judge John C. Godbold, who had been chief judge of the old Fifth, became chief of the new Eleventh.
In Bonner v. City of Prichard, Ala., the first case heard by the Eleventh Circuit, the court adopted the case
law of the old Fifth Council as binding precedent for itself, thus acknowledging its legal roots.
The choice of Atlanta as a Court of Appeals headquarters was determined by the process just described. The choice
of the Old Courthouse" as the home of the Court of Appeals was dictated by a series of circumstances that
included process of elimination. The building was being left by its other tenants. The post office, which was
feeling a real pinch by the late 1920s, had moved its operational headquarters to a new building on the ground
between Forsyth and Spring Streets, built between 1931 and 1933. The top administrators, including the Atlanta
Postmaster, continued to occupy the post office at 56 Forsyth Street until 1975, when the post office moved
its remaining operations. Meanwhile, construction had begun in 1975 on the huge Richard B. Russel Federal Building
and U.S. Courthouse on Spring Street at Martin Luther King Boulevard. Original plans called for both the District
Court and Court of Appeals to move to the Russell Building, but such plans envisioned a three-judge
District Court. That court had already expanded to six judges by the time construction began. When it reached
eleven judges in 1979, there was no possibility that the building could house both courts.
By this time there was a growing expectation that a new Court of Appeals would soon be formed in Atlanta. The
majestic old courthouse became the logical site for the new Eleventh Circuit. That building had
certainly suffered from heavy use and needed major renovation, but the judges of the Fifth Circuit had seen
that court of appeals move from its New Orleans courthouse in 1963 and operate in temporary quarters for nine
years while its grand old courthouse was renovated. So the Eleventh Circuit court, following the same course,
moved out of the building, leaving an empty shell for contractors to remodel., and moved into temporary quarters at the Federal
Annex, across Spring Street from the new Russell Building, on March 20, 1985. At that point, restoration of the
Court of Appeals Building began.
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Judge Elbert Parr Tuttle, Sr.
Born July 17, 1897, Pasadena, California
Died June 23, 1996, Atlanta, Georgia
Federal Judicial Service:
U.S. Court of Appeals for the Fifth Circuit
Nominated by Dwight D. Eisenhower on July 7, 1954, to a new seat created
by 68 Stat. 871; Confirmed by the Senate on August 3, 1954, and received
commission on August 4, 1954. Served as chief judge, 1960-1967. Assumed Senior Status
on June 1, 1968. Service terminated on October 1, 1981 due to assignment to another court.
U.S. Court of Appeals for the Eleventh Circuit
Reassigned October 1, 1981; Service terminated on June 23, 1996 due to his death.
Education:
Cornell University, A.B., 1918
Cornell Law School, LL.B., 1923
Professional Career:
U.S. Army Air Service Private, 1918-1919
Private Practice, Atlanta, Georgia, 1923-1953
U.S. Army Colonel, 1941-1946
General Counsel, U.S. Treasury Department, 1953-1954
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Remembering Judge Elbert P. Tuttle, Sr., by Charles M. Elson (From the Cornell Law Review, Volume 82)
Elbert Tuttle was a most extraordinary man. He lived not one, but really four full
lives, setting a standard of excellence in each that few, even separately, could ever match.
Distinguished lawyer, journalist, decorated military leader, and courageous jurist, he was a
"citizen" in the classical sense of the term.
Judge Tuttle was a man of tremendous accomplishments,
yet he was quiet, humble, even slightly self-effacing. Despite the tumultuous period in which he lived
and worked, Judge Tuttle always seemed to take life's challenges with a slightly wry wit and not very much
visible worry or angst. Given the gravity of what he faced, however, he must have had considerable inner
concern. He maintained an unusually demanding professional life, yet was completely devoted to his wife
Sara and his children, Elbert, Jr. and Jane. Tuttle was a truly complete person whom untold numbers
admired and respected.
Judge Tuttle was born in California in 1897, but grew up in Hawaii. He graduated
from Cornell with a bachelor's degree in 1918, then entered the Army where, among
other things, he wrote for the service newspaper, continuing a journalistic interest
that began at Cornell where he was the Editor of the Cornell Sun. After the war
ended, he wrote for the New York Evening World, before entering Cornell
Law School. He excelled as a law student, served as the Editor-in-Chief of the Cornell Law
Review, and graduated in 1923.
Judge Tuttle then began law practice in Atlanta, Georgia. Although he had no prior connection
to the southern city, he and his brother-in-law William A. Sutherland (a former Brandeis clerk)
felt that there was much opportunity in the even-then bustling regional center. They founded what
later became the nationally known law firm of Sutherland, Tuttle & Brennan (now Sutherland, Asbill,
and Brennan). Tuttle was active in numerous civic causes, but in the 1930's became known as a prominent
civil libertarian when he represented, among others, a black man (whom he had saved from a lynching
as a major in the Georgia National Guard) accused of raping a white woman and a black communist
imprisoned for passing out leaflets at the Fulton County Courthouse. The latter case ended up at the
U.S. Supreme Court where Tuttle prevailed in the now renowned case of Herndon v. Lowry.1
His most celebrated case of that era and one of the early landmark civil liberties rulings, however, was
Johnson v. Zerbst,2 which established a defendant's right to counsel in a federal
trial unless such assistance was intelligently waved.
With the U.S. entry into World War II, Tuttle, by then a lieutenant colonel in the
National Guard, declined a desk job and was deployed to the South Pacific where he commanded
a field artillery battalion. During this command Tuttle was severely wounded in
hand-to-hand combat on Ie Shima, a Pacific Island off Okinawa. He eventually retired from
military service as a brigadier general. When the war ended, Tuttle returned to his Atlanta
law practice and renewed his activity in civic affairs, becoming President of the Chamber of Commerce.
Long active in Republican politics, unusual for a leading Atlantan at the time, he was in part responsible
for delivering the southern delegations to General Eisenhower at the 1952 Republican Convention, and President
Eisenhower appointed him General Counsel of the Treasury Department. Among his close acquaintances were
most of the young Republican luminaries of the day. In 1954, at the urging of his political cohort and
friend, John Minor Wisdom, Tuttle accepted an appointment to the U.S. Court of Appeals for the Fifth Circuit.
By then almost sixty, Tuttle initially viewed the appointment as the beginning of his retirement from an active
career in the law. Fortunately, this was not to be.
Soon after his appointment, the Supreme Court handed down its ruling in Brown v. Board of Education,3,
forever changing the racial landscape of the United States. Tuttle, rather than returning to Atlanta
for a leisured judicial sinecure, instead became a vigorous champion of the civil rights movement. As both
a judge and a then chief judge of the Fifth Circuit, Tuttle, aided by his colleagues John Minor Wisdom,
John Brown, and Richard Rives, assured the effective desegregation of southern society. Despite numerous
personal attacks ane even threats of physical violence, Tuttle courageously ensured that the Supreme Court's
edict would be fully enforced by the regional federal courts, assuring the ultimate victory of racial justice
and civil rights under law in the South. Historian Jack Bass labeled him an "unlikely hero,"4 and in 1980,
President Carter awarded him the Presidential Medal of Freedom (which in Judge Tuttle's characteristically understated
way, he kept in a cabinet beneath his television set).
In 1981, he became a judge on the newly-formed U.S. Court of Appeals for the Eleventh Circuit and
continued to decide cases well into his nineties. He authored over 1400 opinions and became recognized not
only as a great civil libertarian, but as a highly-skilled legal thinker and craftsman. Judge Tuttle wrote in
a crisp, simple and precise style that was influenced both by his early career as a journalist and his military
experiences. He had a keen intellect and a spectacular memory. He could recite page references and highly
specific historical detail even into his early nineties.
It is almost impossible in the space of a law review dedication to sum up the life of a man
as multifaceted, talented and renowned as Judge Tuttle. However, three simple characterizations
immediately come to mind - courage, integrity, and professionalism. Tuttle was an
individual of great personal courage. He demonstrated tremendous physical courage throughout
his military activities and during the civil rights era, when acts of physical violence against
those supporting integration were regretfully commonplace. But, he also continuously displayed
great intellectual courage in championing various unpopular causes, both political and social.
Although he grew up in a different era than today, he nonetheless had a sense that society
as it was then structured was not as it ought to be. He had the strength to challenge convention and the
vision to create a more just culture, where equality under law was not just an empty platitude, but a reality
for all citizens.
Tuttle was also a man of tremendous personal integrity. He never wavered from his core
beliefs, even when doing so, particularly during the civil rights era, would have guaranteed
a more pleasant and uneventful career. Yet, he was never preachy or high-handed. He simply
conducted himself in a manner that he thought was right.
My favorite Tuttle characteristic, however, was his deeply held and continuously visible sense
of professionalism. Judge Tuttle did not simply speak of professionalism, he was the very embodiment
of the term. In the late 1950s, he delivered a commencement address at Emory University in which he
spelled out his concept of the professional. Since entering teaching seven years ago, I have always
ended each years class reading that speech to my students because I felt that it captured not only
the essence of good lawyering, but the meaning of real virtue. As Tuttle stated:
The professional man is in essence one who provides service. But the service
he renders is something more than that of the laborer, even the skilled laborer.
It is a service that wells up from the entire complex of his personality. True,
some specialized and highly developed techniques may be included, but their mode
of expression is given its deepest meaning by the personality of the practitioner.
In a very real sense his professional service cannot be separate from his personal being.
He has no goods to sell, no land to till. His only asset is himself. It turns out that there is
no right price for service, for what is a share of a mans worth? If he does not contain the
quality of integrity, he is worthless. If he does, he is priceless. The value is either nothing
or it is infinite.
So do not try to set a price on yourselves. Do not measure out your professional
services on an apothecaries' scale and say "Only this for so much." Do not debase yourselves
by equating your souls to what they will bring on the market. Do not be a miser, hoarding your
talents and abilities and knowledge, either among yourselves or in your dealings with your clients...
Rather be reckless and spendthrift, pouring out your talent to all whom it can be out
of service! Throw it away, waste it, and in the spending it will be increased. Do not keep a
watchful eye lest you slip and give away a little bit of what you might have sold. Do not censor
your thoughts to gain a wider audience. Like love, talent is only useful in its expenditure, and it is never
exhausted. Certain it is that man must eat; so set what price you must on your service. But never confuse
the performance, which is great, with the compensation, be it money, power, or fame, which is trivial.
...The job is there, you will see it, and your strength is such, as you graduate...
that you need not consider what the task will cost you. It is not enough that you do your duty.
The richness of life lies in the performance which is above and beyond the call of duty.
Judge Elbert Tuttle always acted above and beyond the call of duty. The richness and example
of his life truly made the world a finer place in his own time and set an example for others
that will long serve as splendid inspiration. We will miss him.
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The Eleventh Circuit Historical Society
The Eleventh Circuit Historical Society is a private, nonprofit organization
incorporated in Georgia on January 17, 1983.
Although the Society has no legal connection with
the United States Court of Appeals for the Eleventh Circuit, or the federal government,
the Society's primary purpose is to keep a record of the history of the courts
of the Eleventh Circuit as institutions and of the judges who have constituted these
courts. In this regard, the Society considers the judges in the old Fifth Circuit from the
states of Alabama, Florida, and Georgia to be included in our area of interest.
In addition, the Society continually strives towards our broader mission
of fostering public appreciation of the role and impact of the federal court
system in the states encompassed by the Eleventh Circuit.
Since the formation of the Society came shortly after the creation of the Circuit,
this timing is especially exciting because the Society can write history as current history,
not as research history.
The Society is devoted to preserving our courts' heritage through the collection of portraits,
photographs, videotaped oral histories, documents, news articles, books, artifacts,
and personal memorabilia.
The Society has a permanent office located in the Elbert P. Tuttle United States
Court of Appeals Building in Atlanta. Our Board of Trustees is composed of
lawyers and legal scholars who represent the historical interests of Alabama, Florida,
and Georgia.
The Society's archival activities are partially funded by grants and other special gifts,
but we depend primarily upon our members for our financial support and general maintenance.
If you would like information on becoming a member, or have historical information, artifacts,
or memorabilia for the Historical Society, please contact us at (404) 335-6395.
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Rules and Addenda
(All .PDF documents will open in a new window)
FRAP, 11th Circuit Rules, and IOP - Effective April 1, 2006
Rules Index
Addenda to 11th Circuit Rules
District Rules
Proposed Revisions to 11th Circuit Rules and IOP
Previous Revisions to 11th Circuit Rules and IOP (12 months)
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Addenda to the 11th Circuit Rules:
1
Rules for conduct of and representation and participation at the
Eleventh Circuit Judicial Conference
2
Procedures in proceedings for review of orders of the Federal Energy Regulatory
Commission.
3
Rules of the Judicial Council of the Eleventh Circuit governing complaints of judicial
misconduct or disability.
4
Eleventh Circuit plan under the Criminal Justice Act
5
Non-Criminal Justice Act counsel appointments
6
Rules and Regulations of the Judicial Council and the United States Court of Appeals
for the Eleventh Circuit for the selection of nominees and the appointment of bankruptcy
judges
7
Regulations of the U.S. Court of Appeals for the Eleventh Circuit for the selection and appointment
or reappointment of Federal Public Defenders
8
Rules governing attorney discipline in the U.S. Court of Appeals for the Eleventh Circuit
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District Rules
(Links are to other court web sites, and will open in a new window)
Northern District of Alabama
Middle District of Alabama
Southern District of Alabama
Northern District of Florida
Middle District of Florida
Southern District of Florida
Northern District of Georgia
Middle District of Georgia
Southern District of Georgia
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Proposed Revisions to 11th Circuit Rules and IOP
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Notice of and Opportunity for Comment on Proposed Amendments to the Rules of the U.S. Court of
Appeals for the Eleventh Circuit
(Notice posted August 2, 2004)
Table of Proposed Revisions to Eleventh Circuit Rules and IOP's
(Notice posted August 2, 2004)
Red-Lined Version of Proposed Revisions to Eleventh Circuit Rules and IOP's
(Notice posted August 2, 2004)
Notice of and Opportunity for Comment on Proposed Amendments to the Rules
of the U.S. Court of Appeals for the Eleventh Circuit
(Notice posted December 1, 2003)
Table of Proposed Revisions to Eleventh Circuit Rules and IOP's
(Notice posted December 1, 2003)
Red-Lined Version of Proposed Revisions to Eleventh Circuit Rules and IOP's
(Notice posted December 1, 2003)
Red-Lined Version of Revisions to Eleventh Circuit Rules and IOP's. Approved October 2003
(Revisions Effective December 1, 2003)
Red-Lined Version of Revisions to Eleventh Circuit Rules and IOP's. Approved June 2003
(Revisions Effective December 1, 2003)
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Opinions
Due to the large number of opinions available, the paginated daily log will open in a separate window.
Open the Daily Log (Ordered by date of issue, from most recent to oldest)
Search for an Opinion
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En Banc Issues
Listing 1 - 18 of 18 results.
Page: 1
| En Banc Issues |
| Date Issued |
File Name |
View File |
| 03-04-2008 |
eb05-16734issues.pdf |
view |
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| 02-01-2008 |
eb05-16734letter&order.pdf |
view |
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| 01-03-2008 |
eb05-10669issues.pdf |
view |
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| 11-27-2007 |
eb05-10669letter&order.pdf |
view |
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| 10-11-2007 |
eb04-13562issues.pdf |
view |
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| 10-10-2007 |
eb06-11582issues.pdf |
view |
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| 09-19-2007 |
EB05-16964ISSUES.PDF |
view |
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| 09-19-2007 |
eb04-13562letter&order.pdf |
view |
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| 09-11-2007 |
eb06-11582letter&order.pdf |
view |
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| 09-06-2007 |
eb05-14631issues.pdf |
view |
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| 08-30-2007 |
eb05-16964letter&order.pdf |
view |
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| 08-14-2007 |
eb05-14631letter&order.wpd |
view |
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| 04-06-2007 |
eb06-11876issues.pdf |
view |
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| 03-15-2007 |
eb06-11876letter.pdf |
view |
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| 03-15-2007 |
eb06-11876order.pdf |
view |
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| 03-08-2007 |
eb04-13575issues.pdf |
view |
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| 02-16-2007 |
eb04-13575order.pdf |
view |
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| 02-16-2007 |
EB04-13575letter.pdf |
view |
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Page: 1
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Documents (In .PDF format)
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Court Offices
The offices of the United States Court of Appeals for the Eleventh Circuit are the Clerk's Office, the
Circuit Executive's Office, The Kinnard Mediation Center, the Human Resources Department, the Staff Attorneys' Office,
and the Eleventh Circuit Library.
Clerk's Office
The Clerk's Office is open from 8:30 am to 5:00 pm, Monday through Friday, and is closed on all federal holidays.
For information regarding a specific appeal please refer
to the Clerk's Directory
and contact the appropriate docket
clerk handling the appeal.
For general information, you may call the Clerk's Office main phone number
at (404) 335-6100.
The Eleventh Circuit Rules, Internal Operating Procedures (IOP), and Clerk's Office forms, are available
in ".pdf" format in the Rules and Documents
sections.
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Office of the Circuit Executive
The primary function of the Circuit Executive of the United States Eleventh Judicial Circuit is to facilitate all of the Circuit's administrative operations and its
non-judicial activities.
As Secretary to the Circuit Judicial Council, the Circuit Executive provides services, including
program development and policy implementation, as well as organizing and staffing of various judicial committees
such as Space and Facilities, Information Technology, and Finance and Budget. As part of the role of
Secretary to the Circuit Judicial Council, the Circuit Executive is also charged with planning and
organizing circuit judicial conferences.
The Circuit Executive provides administrative and managerial assistance to the Chief Judge of the circuit and other judges throughout the circuit.
Finally, as principal staff officer to the Court of Appeals, the Circuit Executive coordinates the
activities and functions of the other staff offices supporting the court.
The Circuit Executive is appointed by the Eleventh Circuit Judicial Council.
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Kinnard Mediation Center
The Kinnard Mediation Center (formerly known as the Circuit Mediation Office)
conducts mediation of civil appeals under Federal Rule of Appellate Procedure
33 and Eleventh Circuit Rule 33-1. The Court's mediation process provides
confidential, risk-free opportunities for parties to resolve their
dispute with the help of a neutral third-party. Each year hundreds
of appeals are resolved through the mediation program.
The circuit mediators of the Kinnard Mediation Center are full-time
employees of the Eleventh Circuit and have extensive trial and
appellate experience as well as significant training and experience
in mediation. The circuit mediators are located in Atlanta,
Tampa, and Miami.
Appeals that have been selected for mediation by the Kinnard
Mediation Center may be mediated by a private mediator
employed by the parties at their expense. The private
mediator shall conduct the mediation under the procedures
set forth by the Center, and the assigned circuit mediator
will provide assistance as specified in those procedures.
Information you need to prepare for mediation is in the document
Mediation and Guidelines for Effective Mediation Representation
.
Also see the
Circuit Mediation Process flow chart
. Information
you need to substitute a private mediator is in the document
Private Mediator Procedures for Mediation of Appeals. To
confidentially request mediation, you may contact any
office by telephone or fax.
- Kinnard Mediation Center
56 Forsyth Street NW, #535
Atlanta, GA 30303
Tel: 404-335-6260
Fax: 404-335-6270
- Kinnard Mediation Center
801 North Florida Avenue, #1030
Tampa, FL 33602
Tel: 813-301-5530
Fax: 813-301-5539
- Kinnard Mediation Center
51 Southwest First Avenue, #1304
Miami, FL 33130
Tel: 305-714-1900
Fax: 305-714-1910
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Human Resources
Below you will find all vacancies for the Eleventh Circuit Court of Appeals followed by the date posted, court location and a file name,
with a link attached.
If you would like to read more about a particular position, click the link on the file name
to open the official job description. (Job descriptions will open in a new window)
Positions posted by the Circuit Executive's Office:
**No Positions Listed at this Time**
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Staff Attorneys' Office
Pursuant to 28 U.S.C. § 715, the Chief Judge, with approval of the
Court, may appoint a Senior Staff Attorney, who, with the approval of
the Chief Judge, may appoint necessary staff attorneys and secretarial
and clerical employees. The Senior Staff Attorney is the director of the
Staff Attorneys' Office.
The Staff Attorneys' Office assists the Court by conducting research into
specific areas of law as determined by the Court, and communicates its work
product to the Court by way of written memoranda of law. This work encompasses
both substantive and procedural issues. The substantive areas of the law
include, but are not limited to: habeas corpus petitions (28 U.S.C. §§ 2241, 2254); motions to vacate,
set aside, or correct
sentences (28 U.S.C. § 2255); civil rights actions (42 U.S.C. § 1983,
Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91
S.Ct. 1999, 29 L.Ed.2d 619 (1971)); motions to withdraw as counsel pursuant to Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); Title VII employment
discrimination actions; direct criminal appeals; social
security appeals; black lung actions; bankruptcy; tax law; agency review, and immigration law.
Additionally, a specialized unit within the office assists the Court in the initial review of
all appeals filed for the purpose of determining jurisdiction. Another specialized unit presents substantive motions
to the Court for the determination of in forma pauperis status, certificates of appealability, transcripts at government expense,
and motions to withdraw/substitute counsel.
While all Court staff serve "at the pleasure of the Court," attorneys generally are appointed
for two year terms.
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Attorney Admissions
The rules for Attorney Admission can be found at FRAP 46 and 11th Cir. R. 46-1.
Click to view FRAP 46 and 11th Cir. R. 46-1 (.PDF format)
Only attorneys admitted to the bar of this court may practice before the court. An applicant
must file an application for admission on a form approved by the court.
Click here for the application form.
Submit your application to the clerk's principal office in Atlanta, Georiga, accompanied
by a Certificate of Good Standing from your Qualifying Court and an admission
fee of $170 payable to Clerk, U.S. Court of Appeals, Non-Appropriated Fund,
Eleventh Circuit.
There is no formal swearing-in ceremony. It is the responsibility of each member of the bar
to keep this court informed of any changes to addresses, phone numbers, fax numbers, and e-mail
addresses.
The following attorneys shall be admitted for the particular proceeding in which they are appearing
without the necessity of formal application or payment of the admission fee: an attorney appearing
on behalf of the United States, a federal public defender, an attorney appointed by a federal court
under the Criminal Justice Act or appointed to represent a party in forma pauperis. Attorneys in these
categories who desire to recieve an admission certificate from the Eleventh Circuit must pay the admission
fee.
We invite your particular attention to the following items on the application form which are
sometimes neglected by counsel. These items must be enclosed or completed in order
for the application to be processed.
1. Enclose a Certificate of Good Standing from your qualifying court
2. Enclose the $170 admission fee made payable to Clerk,
U.S. Court of Appeals, Non-Appropriated Fund,Eleventh Circuit
and sign your check
3. On the application form:
enter your social security number
enter your qualifying court and date admitted
answer all questions and attach a statement giving details if any answer is "yes"
sign the petition
4. Have the application notarized, including seal.
Readmission
The rules for Readmission to the Bar can be found at 11th Cir. R. 46-1(b).
Click here to view 11th Cir. R. 46-1(b).
Each attorney admitted to the bar of this court shall pay a readmission fee of $10.00 every
five years. If you were admitted after April 1, 1989, please count from the date on your admission
certificate. If you were admitted prior to April 1, 1989, please see the schedule set forth in 11th
Cir. R. 46-1(b). Click here for the readmission form.
Entry of Appearance
The rules for entering an appearance can be found at 11th Cir. R. 46-1(d) and
IOP 2, Appearance of Counsel Form (accompanying Frap 12).
Click to view the 11th Cir. R. 46-1(d) and IOP 2 (acompanying FRAP 12)
All attorneys (except court appointed attorneys) must file an Appearance of Counsel
Form in each appeal in which they participate within 14 days after notice is mailed by the
clerk. Click here for the appearance form.
After the expiration of 14 days, the clerk may not accept filings (other than a brief) from an
attorney who was sent such notice until the attorney files an Appearance of Counsel Form.
When an attorney who has not filed an Appearance of Counsel Form tenders a brief for
filing, the clerk shall treat the failure to file an Appearance of Counsel Form as a deficiency
in the form of a brief.
A motion to file an Appearance of Counsel Form out of time is not required.
An Appearance of Counsel Form must be filed prior to oral argument by any attorney (except
court-appointed counsel) intending to argue.
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Attorney Update Form
| Attorney Update Form - Please fill out the form below to update your Attorney Admissions Information |
Important Note: If you are NOT already a member of the Bar for the 11th Circuit Court of Appeals, please do not
use this form. Please click here for information about Attorney Admissions. This form is reserved for
existing bar members who need to update information already on file.
|
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Briefing and Filing Instructions
Maintaining Privacy of Personal Data
Filing the Notice of Appeal
Where to Send Case Filings
Filing Briefs (Color/Quantity/Time)
Costs Notice
Filing Briefs (Format)
Sample Certificate of Compliance
Instructions on Making Proper Record References
Electronic Filing
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Electronic Filing Instructions
Record Exerpts (Format/Color/Quantity)
Record Excerpts Checklist
Petitions for Rehearing and for Rehearing En Banc
(Color/Quantity/Time Summary)
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Filing the Notice of Appeal
An appeal permitted by law as of right from a district court to a court of
appeals may be taken only by filing a notice of appeal with
the district clerk within the time allowed by Rule 4. At the time of filing,
the appellant must furnish the clerk with enough copies of the notice to enable
the clerk to comply with Rule 3(d).
An appeal from a judgment by a magistrate judge in a civil case is taken in the same
way as an appeal from any other district court judgment.
An appeal by permission under 28 U.S.C. § 1293(b) or an appeal in a bankruptcy
case may be taken only in the manner prescribed by Rules 5 and 6, respectively.
When two or more parties are entitled to appeal from the same district
court judgment or order, and their interests make joinder practicable, they may
file a joint notice of appeal. They may then proceed on appeal as a single appellant.
Payment of Fees
Upon filing a notice of appeal, the appellant must pay the district clerk
all required fees. The district clerk receives the appellate docket fee on
behalf of the court of appeals.
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Where to Send Case Filings
Address all Case Filings to:
Thomas K. Kahn, Clerk
U.S. Court of Appeals for the 11th Circuit
56 Forsyth St. N.W.
Atlanta, Georgia 30303
Clerk's Office Main Phone Number:
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Briefs; Color/Quantity/Time Summary
Briefs: Color/Quantity/Time Summary
| Type of Brief |
Color of Cover |
Original + Copies Filed |
Time |
Number Served on Parties |
|
Appellant's Brief
|
Blue
|
Original + 6
|
40 days from date record deemed filed
|