United States territorial court
Encyclopedia
The United States territorial courts are tribunals established in territories of the United States
by the United States Congress
, pursuant to its power under Article Four of the United States Constitution
, the Territorial Clause. Most United States territorial courts are defunct because the territory under their jurisdiction have become states or been retroceded.
Among the United States territorial courts still in existence are:
Their jurisdiction is similar to that of a United States district court
, but despite the name similarity, they are not "United States district courts" (though they sometimes use that term). A "United States district court", created under Article III of the U.S. Constitution, exists only in a United States federal judicial district
, which is found only in the 50 states, the District of Columbia, and Puerto Rico
.
The territorial courts themselves or article IV courts also assume the jurisdiction of a United States bankruptcy court
in their respective territories; they do not have separate bankruptcy courts under their supervision, as do the article III U.S. district courts.
Article IV judges had not the authority to decide petitioners’ appeals or be appointed to a United States Court of Appeals
. The U.S. Supreme Court case Nguyen v. United States, 539 U.S. 69 (2003) presented the question of whether a panel of the Court of Appeals consisting of two Article III judges and one Article IV judge had the authority to decide petitioners’ appeals. The U.S. Supreme court concluded it did not.
, the United States Court of Appeals for the District of Columbia Circuit
, and the United States District Court for the District of Puerto Rico
are not U.S. territorial courts since D.C. and Puerto Rico are Article III federal judicial districts.
In addition, the District of Columbia has two other local courts, the Superior Court of the District of Columbia
and the District of Columbia Court of Appeals
, which hear cases involving D.C. local law only. Though their jurisdiction is similar to state courts, like other federal courts they were created by Congress and their final appellate court is the Supreme Court of the United States
. Like the D.C. federal courts, they are "territorial courts" in a semantic sense, but are not truly U.S. territorial courts. However, these courts are not Article III courts, as the judges serve only 15-year terms.
The American legal system
includes both state courts and federal courts
. Puerto Rico
and the Northern Mariana Islands
have their own courts which hear cases involving commonwealth law. Though they could be called "territorial courts" by some (since a U.S. commonwealth is a type of territory), they are not U.S. territorial courts as they were created by the commonwealths themselves and not by Congress; except for being in commonwealths, they are the same as state courts.
In 1961 Congress legislated to provide Puerto Rico with a judicial state-federal
court structure equal to that of States. At the time, the United States Court of Appeals for the First Circuit
reviewed not only judgments of the federal district court, but those of the Puerto Rico Supreme Court as well. This changed with Public Law 87-189, 75 Stat. 417, which provided that review of Puerto Rico Supreme Court judgments would now be before the U.S. Supreme Court.
On Balzac v. Porto Rico
, 258 U.S. 298
(1922) the U.S. Supreme Court concluded as an argument of non-incorporation:
In Glidden Co. v. Zdanok
, supra, the court made the following statement regarding courts in unincorporated territories:
The Article Three of the United States Constitution
, establishes the judicial branch of the federal government
. This constitutional article was expressly extended to the United States District Court
for the District of Puerto Rico
by the U.S. Congress through the federal law 89-571, 80 Stat. 764, and signed by the President Lyndon B. Johnson
in 1966. From this moment on, judges appointed to serve on the Puerto Rico federal district court have been Article III judges appointed under the Constitution of the United States. In addition in 1984 one of the judges of the federal district court, Chief Judge Juan R. Torruella
, a native of the island, was appointed to serve in the United States Court of Appeals for the First Circuit
with jurisdiction over Puerto Rico, Massachusetts,
Rhode Island, Maine, and New Hampshire.
In 1966 President Lyndon Johnson signed Public Law 89-571, 80 Stat. 764, which
transformed the Article IV federal district court in Puerto Rico to an Article III Court. This Act of
Congress was not conducted pursuant to Article IV of the Constitution, the Territorial Clause,
but rather under Article III. This marks the first and only occasion in United States history in
which Congress establishes an Article III Court in a territory other than the District of Columbia.
From this moment on, judges appointed to serve on the Puerto Rico federal district court have
been Article III judges appointed under the Constitution of the United States. Like their
mainland brethren they are entitled to life tenure
and salary protection. Senate Report 1504 reveals
the reason for the enactment of this Law:
There does not appear any reason why the U.S. District Judges for
the District of Puerto Rico should not be placed in a position of
parity as to tenure with all other Federal Judges throughout our
judicial system. Moreover, federal litigants in Puerto Rico should not
be denied the benefit of judges made independent by life tenure from
the pressures of those who might influence his chances of
reappointment, which benefits the Constitution guarantees to the
litigants in all other Federal Courts. These judges in Puerto Rico
have and will have the exacting same heavy responsibilities as all
other Federal district judges and, therefore, they should have the
same independence, security, and retirement benefits to which all
other Federal district judges are entitled.
See 1966 U.S.C.C.A.N. 2786-90 (emphasis added); see also Examining Bd. of Engineers Architects
and Surveyors v. Flores de Otero, 426 U.S. at 595 n.26 (“The reason given for this [law] was that
the Federal District Court in Puerto Rico ‘is in its jurisdiction, powers, and responsibilities the same
as the U.S. district courts in the (several) states’.”). This important change in the federal judicialstructure of the island was implemented not as a request of the Commonwealth government, but
rather at the repeated request of the Judicial Conference of the United States. See Senate Report No.
1504, 1966 U.S.C.C.A.N. 2786-90.
Eighteen (18) Article III United States District Judge have been appointed to sit in the District of Puerto Rico from 1966 to 2008.
United States territory
United States territory is any extent of region under the jurisdiction of the federal government of the United States, including all waters including all U.S. Naval carriers. The United States has traditionally proclaimed the sovereign rights for exploring, exploiting, conserving, and managing its...
by the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, pursuant to its power under Article Four of the United States Constitution
Article Four of the United States Constitution
Article Four of the United States Constitution relates to the states. The article outlines the duties states have to each other, as well as those the federal government has to the states...
, the Territorial Clause. Most United States territorial courts are defunct because the territory under their jurisdiction have become states or been retroceded.
Among the United States territorial courts still in existence are:
- United States District Court for the Northern Mariana Islands
- District Court of GuamDistrict Court of GuamThe District Court of Guam is a United States territorial court with jurisdiction over the Territory of Guam. It sits in the capital, Hagåtña....
- District Court of the Virgin IslandsDistrict Court of the Virgin IslandsThe District Court of the United States Virgin Islands is a United States territorial court with jurisdiction over the United States Virgin Islands, a United States territory and more specifically an insular area that is an unincorporated organized territory. The court sits in both St. Croix and...
Their jurisdiction is similar to that of a United States district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
, but despite the name similarity, they are not "United States district courts" (though they sometimes use that term). A "United States district court", created under Article III of the U.S. Constitution, exists only in a United States federal judicial district
United States federal judicial district
For purposes of the federal judicial system, Congress has divided the United States into judicial districts. There are 94 federal judicial districts, including at least one district in each state, the District of Columbia and Puerto Rico...
, which is found only in the 50 states, the District of Columbia, and Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
.
The territorial courts themselves or article IV courts also assume the jurisdiction of a United States bankruptcy court
United States bankruptcy court
United States bankruptcy courts are courts created under Article I of the United States Constitution. They function as units of the district courts and have subject-matter jurisdiction over bankruptcy cases. The federal district courts have original and exclusive jurisdiction over all cases arising...
in their respective territories; they do not have separate bankruptcy courts under their supervision, as do the article III U.S. district courts.
Article IV judges had not the authority to decide petitioners’ appeals or be appointed to a United States Court of Appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
. The U.S. Supreme Court case Nguyen v. United States, 539 U.S. 69 (2003) presented the question of whether a panel of the Court of Appeals consisting of two Article III judges and one Article IV judge had the authority to decide petitioners’ appeals. The U.S. Supreme court concluded it did not.
"US Constitution Article III United States District Court and State Courts in the District of Columbia and Puerto Rico"
Though they could be considered "territorial courts" in a semantic sense (since their jurisdictions are not states), the United States District Court for the District of ColumbiaUnited States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
, the United States Court of Appeals for the District of Columbia Circuit
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
, and the United States District Court for the District of Puerto Rico
United States District Court for the District of Puerto Rico
The United States District Court for the District of Puerto Rico is the federal district court whose jurisdiction comprises the Commonwealth of Puerto Rico. The court is based in San Juan. The main building is the Clemente Ruiz Nazario U.S. Courthouse located in the Hato Rey district of San Juan...
are not U.S. territorial courts since D.C. and Puerto Rico are Article III federal judicial districts.
In addition, the District of Columbia has two other local courts, the Superior Court of the District of Columbia
Superior Court of the District of Columbia
The Superior Court of the District of Columbia is the local trial court for the District of Columbia. It hears cases involving criminal and civil law. The court also handles specialized cases in the following areas: family court, landlord and tenant, probate, tax, and traffic offenses...
and the District of Columbia Court of Appeals
District of Columbia Court of Appeals
The District of Columbia Court of Appeals is the highest court of the District of Columbia. Established by the United States Congress in 1970, it is equivalent to a state supreme court, except that its power derives from Article I of the U.S. Constitution rather than from the inherent sovereignty...
, which hear cases involving D.C. local law only. Though their jurisdiction is similar to state courts, like other federal courts they were created by Congress and their final appellate court is the Supreme Court of the United States
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...
. Like the D.C. federal courts, they are "territorial courts" in a semantic sense, but are not truly U.S. territorial courts. However, these courts are not Article III courts, as the judges serve only 15-year terms.
The American legal system
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
includes both state courts and federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
. Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
and the Northern Mariana Islands
Northern Mariana Islands
The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands , is a commonwealth in political union with the United States, occupying a strategic region of the western Pacific Ocean. It consists of 15 islands about three-quarters of the way from Hawaii to the Philippines...
have their own courts which hear cases involving commonwealth law. Though they could be called "territorial courts" by some (since a U.S. commonwealth is a type of territory), they are not U.S. territorial courts as they were created by the commonwealths themselves and not by Congress; except for being in commonwealths, they are the same as state courts.
In 1961 Congress legislated to provide Puerto Rico with a judicial state-federal
court structure equal to that of States. At the time, the United States Court of Appeals for the First Circuit
United States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...
reviewed not only judgments of the federal district court, but those of the Puerto Rico Supreme Court as well. This changed with Public Law 87-189, 75 Stat. 417, which provided that review of Puerto Rico Supreme Court judgments would now be before the U.S. Supreme Court.
On Balzac v. Porto Rico
Balzac v. Porto Rico
Balzac v. Porto Rico, , was a case in which the Supreme Court of the United States held that certain provisions of the U.S. Constitution did not apply to territories not incorporated into the union. It originated when Jesús M. Balzac was prosecuted for criminal libel in a district court of Puerto...
, 258 U.S. 298
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1922) the U.S. Supreme Court concluded as an argument of non-incorporation:
“The United States District Court (in Puerto Rico) is not a true United States court established under Article 3 of the Constitution to administer the
judicial power of the United States therein conveyed. It is created by
virtue of the sovereign congressional faculty, granted under Article
4, §3, of the Constitution, of making all needful rules and
regulations respecting the territory belonging to the United States. The resemblance of its jurisdiction to that of true United States courts, in offering an opportunity to nonresidents of resorting to a tribunal not subject to local influence, does not change its character as a mere territorial court".
In Glidden Co. v. Zdanok
Glidden Co. v. Zdanok
Glidden Co. v. Zdanok , , is a United States Supreme Court case in which the Court held that judges of the Court of Claims and the Court of Customs and Patent Appeals were judges created under Article III of the Constitution...
, supra, the court made the following statement regarding courts in unincorporated territories:
Upon like considerations, Article III has been viewed as inapplicable to courts created in unincorporated territories outside the mainland, Downes v. Bidwell, 182 U.S. 244, 266 -267; Balzac v. Porto Rico, 258 U.S. 298, 312 -313; cf. Dorr v. United States, 195 U.S. 138, 145 , 149, and to the consular courts established by concessions from foreign countries, In re Ross, 140 U.S. 453, 464 -465, 480. 18
The Article Three of the United States Constitution
Article Three of the United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.-Section 1: Federal courts:...
, establishes the judicial branch of the federal government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
. This constitutional article was expressly extended to the United States District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
for the District of Puerto Rico
United States District Court for the District of Puerto Rico
The United States District Court for the District of Puerto Rico is the federal district court whose jurisdiction comprises the Commonwealth of Puerto Rico. The court is based in San Juan. The main building is the Clemente Ruiz Nazario U.S. Courthouse located in the Hato Rey district of San Juan...
by the U.S. Congress through the federal law 89-571, 80 Stat. 764, and signed by the President Lyndon B. Johnson
Lyndon B. Johnson
Lyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...
in 1966. From this moment on, judges appointed to serve on the Puerto Rico federal district court have been Article III judges appointed under the Constitution of the United States. In addition in 1984 one of the judges of the federal district court, Chief Judge Juan R. Torruella
Juan R. Torruella
Juan R. Torruella is a Puerto Rican jurist, who currently serves as a judge on the United States Court of Appeals for the First Circuit. He is the first and to date only Hispanic to serve in that court.-Education:...
, a native of the island, was appointed to serve in the United States Court of Appeals for the First Circuit
United States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...
with jurisdiction over Puerto Rico, Massachusetts,
Rhode Island, Maine, and New Hampshire.
In 1966 President Lyndon Johnson signed Public Law 89-571, 80 Stat. 764, which
transformed the Article IV federal district court in Puerto Rico to an Article III Court. This Act of
Congress was not conducted pursuant to Article IV of the Constitution, the Territorial Clause,
but rather under Article III. This marks the first and only occasion in United States history in
which Congress establishes an Article III Court in a territory other than the District of Columbia.
From this moment on, judges appointed to serve on the Puerto Rico federal district court have
been Article III judges appointed under the Constitution of the United States. Like their
mainland brethren they are entitled to life tenure
Life tenure
A life tenure or service during good behaviour is a term of office that lasts for the office holder's lifetime , unless the office holder is removed from office for cause under extraordinary circumstances or chooses to resign.Judges and members of some upper chambers have life tenure...
and salary protection. Senate Report 1504 reveals
the reason for the enactment of this Law:
There does not appear any reason why the U.S. District Judges for
the District of Puerto Rico should not be placed in a position of
parity as to tenure with all other Federal Judges throughout our
judicial system. Moreover, federal litigants in Puerto Rico should not
be denied the benefit of judges made independent by life tenure from
the pressures of those who might influence his chances of
reappointment, which benefits the Constitution guarantees to the
litigants in all other Federal Courts. These judges in Puerto Rico
have and will have the exacting same heavy responsibilities as all
other Federal district judges and, therefore, they should have the
same independence, security, and retirement benefits to which all
other Federal district judges are entitled.
See 1966 U.S.C.C.A.N. 2786-90 (emphasis added); see also Examining Bd. of Engineers Architects
and Surveyors v. Flores de Otero, 426 U.S. at 595 n.26 (“The reason given for this [law] was that
the Federal District Court in Puerto Rico ‘is in its jurisdiction, powers, and responsibilities the same
as the U.S. district courts in the (several) states’.”). This important change in the federal judicialstructure of the island was implemented not as a request of the Commonwealth government, but
rather at the repeated request of the Judicial Conference of the United States. See Senate Report No.
1504, 1966 U.S.C.C.A.N. 2786-90.
Eighteen (18) Article III United States District Judge have been appointed to sit in the District of Puerto Rico from 1966 to 2008.
See also
- United States district courtUnited States district courtThe United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
- Courts of the United StatesCourts of the United StatesCourts of the United States include both the United States federal courts, comprising the judicial branch of the federal government of the United States and state and territorial courts of the individual U.S...
- Federal tribunals in the United States