Judiciary Act of 1869
Encyclopedia
The Judiciary Act of 1869 (16 Stat.
44), also called the Circuit Judges Act of 1869, was a United States
statute
that made two important reforms of the federal judiciary.
First, judgeships were created for the circuit courts
; in this case, one circuit judgeship was created for each of the nine circuits. Up until this time, circuit courts were normally only staffed by district judges and Supreme Court
justices "riding circuit." This was actually the third time that Congress had created circuit judgeships, but the first time was the soon-repealed Judiciary Act of 1801, and the second was a single circuit judgeship in the frontier state of California
which only lasted from 1855 to 1863. This law did not abolish circuit riding, but significantly reduced its burden by requiring each justice to attend circuit court in each district within his circuit only once every two years. Circuit riding would later be abolished with the Judiciary Act of 1891
.
Second, for the first time, federal judges
(including Supreme Court justices) were given the option to retire with a pension
. The pension was set at the salary of the judge at the time of retirement, and a judge had to be at least seventy years old and have ten years of service on the federal bench before being allowed to retire.
This Act also set the Supreme Court at its current size of nine justices. The Judicial Circuits Act
of 1866 had reduced the Court from ten to seven justices, although the reduction was to occur only as seats became vacant. As only two seats were vacated between 1866 and 1869, the Court had eight justices at the time of this Act, so one new seat was created.
Statutes at Large
Statutes at Large is the name given to published collections or series of legislative Acts in a number of jurisdictions:-England and Great Britain:* The Statutes at Large:...
44), also called the Circuit Judges Act of 1869, was a United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
that made two important reforms of the federal judiciary.
First, judgeships were created for the circuit courts
United States circuit court
The United States circuit courts were the original intermediate level courts of the United States federal court system. They were established by the Judiciary Act of 1789. They had trial court jurisdiction over civil suits of diversity jurisdiction and major federal crimes. They also had appellate...
; in this case, one circuit judgeship was created for each of the nine circuits. Up until this time, circuit courts were normally only staffed by district judges and Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
justices "riding circuit." This was actually the third time that Congress had created circuit judgeships, but the first time was the soon-repealed Judiciary Act of 1801, and the second was a single circuit judgeship in the frontier state of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
which only lasted from 1855 to 1863. This law did not abolish circuit riding, but significantly reduced its burden by requiring each justice to attend circuit court in each district within his circuit only once every two years. Circuit riding would later be abolished with the Judiciary Act of 1891
Judiciary Act of 1891
The Judiciary Act of 1891 , also known as the Evarts Act after its primary sponsor, Senator William M. Evarts, created the United States courts of appeals, and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts...
.
Second, for the first time, federal judges
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
(including Supreme Court justices) were given the option to retire with a pension
Pension
In general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment. Pensions should not be confused with severance pay; the former is paid in regular installments, while the latter is paid in one lump sum.The terms retirement...
. The pension was set at the salary of the judge at the time of retirement, and a judge had to be at least seventy years old and have ten years of service on the federal bench before being allowed to retire.
This Act also set the Supreme Court at its current size of nine justices. The Judicial Circuits Act
Judicial Circuits Act
The Judicial Circuits Act of 1866 reorganized the United States circuit courts and provided for the gradual elimination of several seats on the Supreme Court of the United States...
of 1866 had reduced the Court from ten to seven justices, although the reduction was to occur only as seats became vacant. As only two seats were vacated between 1866 and 1869, the Court had eight justices at the time of this Act, so one new seat was created.