Federal and State Circuit Courts

Circuit courts exist in both state and the federal court systems. In the U.S. court system, circuit courts are a general term used to refer to the U.S. Courts of Appeals. This is largely due to the fact that these appeals courts are each designated to hear cases from one of the twelve federal circuits. In addition, individual state court systems employ circuit courts for various purposes. These are typically courts which hear appeals from administrative agencies and appeals from lower courts. Many states may also call these courts “superior court.”

Appeals Heard by State Circuits

Each state will have multiple circuits and corresponding courts which exercise original jurisdiction over certain types of cases. They may also hear appeals from lower courts or agencies, including criminal cases, small claims and traffic violations from a town, city or county court. 

Federal Circuits

There are thirteen U.S. Courts of Appeals—one for each of the twelve geographical circuits, and one for the federal circuit. These courts hear appeals from the 94 district courts within their designated circuits. Formerly, these courts were referred to as “circuit courts,” so they are sometimes generalized as such.

Intermediate Appellate Court Powers

Regardless of whether you’re considering the state or federal system, these courts may be considered intermediate appellate courts. This means that they can hear appeals from lower trial courts, and appeals from these courts move to the high appellate court in the system. This high appellate court, or “Court of Last Resort” is also the Supreme Court.

Intermediate appellate courts do not hear new evidence, arguments or theories when reviewing a case. Rather, they simply determine if an error was made when applying the law and making an official judgment or ruling in the case. These errors may include fundamental errors, harmful errors, harmless errors, invited errors or reversible errors.  If reversible errors are found by the circuit court, the previous final judgment may be overturned.

State circuits will normally utilize judges and juries to decide trials of original jurisdiction. This jurisdiction is typically based on geographical and/or subject matter. For example, a state may grant the power to this court to hear juvenile cases, small claims and traffic cases, or civil and criminal appeals from city or town courts.

Appointment vs. Election of Judges

When considering state circuit judges, they are typically voted into office by the citizens of that geographical area. They serve a designated term of anywhere from a few to several years, and may be reelected if they choose to run again.

U.S. Courts of Appeals judges are nominated by the President, and confirmed by the Senate. This process is provided for in the Constitution under Article III. These judges may not have their salaries reduced, and are appointed for life unless they are removed for bad behavior. The Constitution states that only these and other Article III courts can make final rulings on cases involving life, liberty and private property rights.

The nominees are commonly recommended to the President by senators or House Representatives. Once nominated, the Senate Judiciary Committee will hold confirmation hearings for these nominees. The Constitution contains no requirements in order to become a federal judge, though many have several years of experience in the area of constitutional law.

Every other year, the Judicial Conference reviews the courts to determine if new judgeships are needed. Any recommendations are presented to Congress, which must enact legislation to actually create any new judgeships. However, each state will have its own unique process for determining the need for and process in order to create new judgeships in their territories.