Circuit Court in the United States

A federal court that, until 1911, possessed both original and appellate jurisdiction. The circuit court was created by provision of the Judiciary (Judicial Organization) Act of 1789 and was one of the original components of the federal judicial system. The court was to convene twice a year in each of the districts within its geographic circuit. These courts devoted much of their time to cases of an interstate character. There were three circuit courts initially, with each composed of two Supreme Court justices and one district court judge. Within several years, there were proposals to establish separate circuit court judgeships. The Judiciary (Judicial Organization) Act of 1801 provided for the creation of sixteen new judgeships, elimination of circuit-riding by Supreme Court justices, and expansion of the jurisdiction of both the district and circuit courts. It was this act that provided President John Adams with the opportunity to appoint the famous “midnight judges” at the end of his tenure. This was viewed as a blatantly partisan attempt by the Federalists to retain control of the federal Judiciary (Judicial Organization). The act was repealed at the urging of the Jefferson administration and replaced with the Circuit Court Act of 1802. While circuit-riding was resumed under the act, single district court judges were permitted to conduct circuit court business, a change that gradually reduced the role of the justices on the circuit court. This system remained largely intact until after the Civil War, when the heavy appellate caseload of the Supreme Court prompted system reform. The first response was to shift some of the Supreme Court’s appellate caseload to the circuit courts. The problem was not fully solved, however, and in 1891 the Congress established the circuit courts of appeal. These new courts were given appellate jurisdiction to review cases from district courts, a function previously held by the circuit courts. While the circuit courts remained in existence, they had by this action become somewhat redundant and largely obsolete. The new appellate court possessed their appellate jurisdiction, and their trial jurisdiction substantially duplicated that of the district court. As a result, the circuit courts were formally abolished by Congress in 1911.

Analysis and Relevance

The circuit courts were a major element in the first federal court system. The fundamental political issue of the time was the relative strength of the federal and state levels of government. Under the Articles of Confederation, there had been no federal Judiciary (U.S.). Instead, state courts functioned as both state and federal courts. The Anti-Federalists preferred continuation of such a system under the new Constitution. The issue was not resolved at the Philadelphia Convention, but was left to the first Congress to decide. The Judiciary (U.S.) Act of 1789 resolved the question in favor of an independent federal court system. When Chief Justice John Marshall later asserted the doctrine of federal Judiciary (U.S.) supremacy, the impact on American federalism was substantial. As important as the circuit court was to the initial federal system, it was structurally defective from the beginning. Among the main defects was the excessive “circuit-riding” obligation of the Supreme Court justices. It required them to travel to the various circuits twice a year, keeping them on the road for a minimum of nine months a year. The structure also required Supreme Court justices to sit in judgment of their own trial level decisions if they were appealed. These defects first led to modifications of the circuit court’s jurisdiction and composition. Failure to fully remedy the design difficulties ultimately prompted Congress to reassign most of its functions and later abolish the court altogether.

Notes and References

Definition of Circuit Court from the American Law Dictionary, 1991, California

Plain-English Law

Circuit Court as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

In many states, the name used for the principal trial court. In the federal system, the name for the appellate courts, which are organized into thirteen circuits. civil case A noncriminal lawsuit in which an individual, business, or government entity sues another to protect, enforce, or redress private rights. There are hundred of varieties of civil cases, including suits for breach of contract, probate, divorce, negligence, and copyright violations.

Practical Information

Note: Some of this information was last updated in 1982

A state court whose jurisdiction extends over several counties. For example, in Arkansas there were in the 80s 75 counties and 20 circuit courts. In 2013 there are 28 circuit courts. In Arkansas, Circuit judges are elected to 6-year terms. These courts deal with cases regarding:

Criminal and civil jurisdiction

Domestic Relations

Estates.

Jury trials

Guardianships.

Equity

Adoptions.

Civil commitments

Juvenile Division – Neglect, Delinquency, Families in need of services (FINS). Circuit courts have original jurisdiction and are courts of record (see american court system (in U.S. law)).

(Revised by Ann De Vries)

What is Circuit Court?

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Transfer to circuit court in Juvenile Law

In this context, Transfer to circuit court information is available through this American legal Encyclopedia.

Circuit Court in Juvenile Law

In this context, Circuit Court information is available through this American legal Encyclopedia.

Circuit Court