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Status of Article III Judgeships — Judicial Business 2022

On September 30, 2022, a total of 8 vacancies existed among the 179 judgeships authorized for the U.S. courts of appeals. One year earlier, the appeals courts had six vacancies.

On September 30, 2022, a total of 72 vacancies existed among the 677 positions authorized in the U.S. district courts, the same as reported at the end of 2021. Twenty-one of the vacancies had existed for more than 18 months, 13 fewer than one year earlier. Most of the vacancies arose when judges took senior status.

Twenty-four judicial emergencies were identified for Article III judgeships on September 30, 2022—fifteen fewer than one year earlier. For the courts of appeals, a judicial emergency is defined as any vacancy where adjusted filings (i.e., filings excluding reinstated cases and counting pro se appeals as one-third of a case) per panel exceed 700, or any vacancy in existence more than 18 months where adjusted filings are between 500 and 700 per panel. Two appellate courts had judicial emergencies at the end of the fiscal year. For the district courts, a judicial emergency is defined as a vacancy of any duration where weighted filings per authorized judgeship exceed 600, or any vacancy longer than 18 months in a district court with weighted filings between 430 and 600 per authorized judgeship, or any vacancy in a district court with more than 1 authorized judgeship and only 1 active judge. Thirteen district courts had judicial emergencies at the end of the fiscal year.

In addition to active judges, 113 senior circuit judges were serving the appellate courts at the end of the fiscal year. The U.S. district courts reported 407 senior judges on that date.

For information on the status of judgeship positions since 2018, see Table 10.

Table 10
Status of Article III Judgeship Positions
September 30, 2018 - 2022
  U.S. Courts of Appeals U.S. District Courts
Year Authorized
Judgeships
Vacancies Senior 
Judges1
Authorized
Judgeships
Vacancies Senior 
Judges2
2018 179 13 96 677 115 412
2019 179 4 100 677 92 423
2020 179 0 99 677 56 419
2021 179 6 99 677 72 444
2022 179 8 113 677 72 407
1 Senior circuit judges authorized for staff.
Senior district judges authorized for staff.