Edith Jones

Edith Jones

Nonpartisan

United States Court of Appeals for the 5th Circuit

Tenure

1985 - Present

Years in position

40

Education

Bachelor's

Cornell University, 1971

Law

University of Texas School of Law, 1974

Personal

Birthplace

Philadelphia, Pa.

Edith Hollan Jones is a judge on the United States Court of Appeals for the 5th Circuit. She was nominated to the court by President Ronald Reagan (R) on September 17, 1984, and confirmed by the United States Senate on April 3, 1985. To see a full list of judges appointed by President Reagan, click here. Jones was the chief judge of the court from 2006 to 2012.

The United States Court of Appeals for the 5th Circuit is one of 13 U.S. Courts of Appeal. They are the intermediate appellate courts of the United States federal courts. To learn more about the court, click here.

Prior to her appointment, Jones was in private practice in Houston, Texas, from 1974 to 1985.

Judicial nominations and appointments

United States Court of Appeals for the 5th Circuit (1985 - present)

Jones was nominated to this position by President Ronald Reagan (R) on September 17, 1984. She was confirmed by a voice vote of the U.S. Senate on April 3, 1985. To read more about the federal nominations process, click here.

Jones' initial nomination was returned to President Reagan on October 12, 1984, following the adjournment of the 98th United States Congress on October 12. President Reagan submitted a new nomination for Jones on February 27, 1985, to a new seat created by 98 Stat. 333.

Nomination Tracker
Nominee Information
Name: Edith H. Jones
Court: United States Court of Appeals for the 5th Circuit
Progress
Confirmed 198 days after nomination.
ANominated: September 17, 1984
AABA Rating:
Questionnaire:
AHearing: September 26, 1984
QFRs: (Hover over QFRs to read more)
AReported: April 3, 1985
AConfirmed: April 3, 1985
AVote: Voice vote
AReturned: October 18, 1984

Jones was one of 400 judges nominated by Ronald Reagan (R). To see a full list of those judges, click here.

Education

Jones earned her B.A. from Cornell University in 1971 and her J.D. from the University of Texas School of Law in 1974.

Professional career

• 1985-Present: Judge, United States Court of Appeals for the 5th Circuit
• 1974-1985: Private practice, Houston, Texas

Noteworthy cases

The section below lists noteworthy cases heard by this judge. To suggest cases we should cover here, email us.

Jones rules that First Amendment lawsuit may proceed (2020)

See also: United States Court of Appeals for the 5th Circuit (Speech First, Incorporated v. Gregory L. Fenves)

On October 28, 2020, Judge Edith Jones ruled that a lawsuit against the University of Texas filed by the group Speech First on behalf of anonymous students could proceed. Judge Earl Yeakel of the United States District Court for the Western District of Texas dismissed the case in 2019 because he said the group could not demonstrate that any individual had been harmed by the university's policies. Judge Jones sent the case back to the Western District of Texas for reconsideration, writing, "The chilling effect of allegedly vague regulations, coupled with a range of potential penalties for violating the regulations, was, as other courts have held, sufficient ‘injury’ to ensure that Speech First has a ‘personal stake in the outcome of the controversy."

SCOTUS upholds Fifth Circuit bankruptcy code ruling over attorneys' fees (2015)

See also: United States Court of Appeals for the 5th Circuit (Baker Botts LLP v. Asarco LLC)

On June 15, 2015, the U.S. Supreme Court affirmed the judgment of a three-judge panel of the Fifth Circuit. Judge Edith Jones issued the opinion of the panel in the case.

Pursuant to representing Asarco LLC in its Chapter 11 bankruptcy case, Baker Botts LLP and another firm were awarded nearly $120 million dollars in fees. Baker Botts subsequently filed a final fee request with a federal bankruptcy court. Asarco contested the request, but a federal bankruptcy court awarded Baker Botts $117 million dollars to cover the fees and an additional $5 million dollars for expenses incurred in defending Asarco's challenge to Baker Botts' fee request. A federal district court upheld the judgment, but the Fifth Circuit, in an opinion by Judge Jones, reversed the district court's judgment on the $5 million dollars in fees for defending against Asarco's challenge. The circuit panel held that the federal bankruptcy code did not allow for fee payments of this type.

Writing for a six-justice majority of the U.S. Supreme Court, Justice Clarence Thomas affirmed the circuit court's decision.

About the court

Fifth Circuit
Court of Appeals
Judgeships
Posts: 17
Judges: 17
Vacancies: 0
Judges
Chief: Jennifer Elrod
Active judges: Dana Douglas, Stuart Kyle Duncan, Jennifer Elrod, Kurt Engelhardt, James Graves, Catharina Haynes, Stephen Higginson, James C. Ho, Edith Jones, Andrew Oldham, Irma Ramirez, Priscilla Richman, Jerry Smith, Leslie Southwick, Carl Stewart, Don Willett, Cory Wilson Senior judges: Rhesa Barksdale, Fortunato Benavides, Edith Clement, W. Eugene Davis, James Dennis, John Duhe, Patrick Higginbotham, E. Grady Jolly, Carolyn King, Jacques Wiener

The United States Court of Appeals for the Fifth Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States. Appeals are heard in the John Minor Wisdom U.S. Courthouse in New Orleans, Louisiana.

Map of the Fifth Circuit. Click on a district to find out more about it.

The Fifth Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the United States Court of Appeals for the Fifth Circuit are petitioned to the Supreme Court of the United States. Justice Samuel Alito is the circuit justice for the Fifth Circuit.

The United States Court of Appeals for the Fifth Circuit has appellate jurisdiction over the district courts in the following districts:

• Eastern District of Louisiana
• Middle District of Louisiana
• Western District of Louisiana
• Northern District of Mississippi
• Southern District of Mississippi
• Eastern District of Texas
• Northern District of Texas
• Southern District of Texas
• Western District of Texas

To read opinions published by this court, click here.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

• The president nominates an individual for a judicial seat.
• The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
• The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.

• As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.

• After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.

• If approved, the nominee is voted on by the full Senate.
• If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.

• The Senate holds a vote on the candidate.

• If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
• If the Senate does not confirm the nomination, that nominee does not become a judge.

Noteworthy events

Code of Judicial Ethics violation complaint dismissed (2015)

In June 2013, civil rights groups and legal scholars filed a complaint against Judge Jones, alleging that she violated the Code of Judicial Ethics during a speech at the University of Pennsylvania School of Law. The complainants alleged that Judge Jones said that certain ethnic groups were predisposed to crime, said that claims of racism or mental incapacitation by defendants were red herrings, and criticized the Mexican government's system of justice. The complainants also alleged that Judge Jones discussed pending cases during the speech. No recording of the speech in question was submitted as part of the complaint or made available publicly.

In response to the complaint, Supreme Court of the United States Chief Justice John Roberts ordered a review of Judge Jones' actions by the United States Court of Appeals for the District of Columbia Circuit. This came after 5th Circuit Chief Judge Carl Stewart requested that the matter be referred to a different court.

On October 15, 2014, following an investigation by a committee composed of three judges and a court-appointed attorney, the complaint against Judge Jones was dismissed for lack of evidence. The committee found that insufficient evidence existed to determine exactly what Judge Jones said. The investigative attorney could not find a recording of Jones' speech but interviewed individuals and students who had been present during the speech and had filed affidavits. The complainants appealed the decision.

On February 19, 2015, the Committee on Judicial Conduct dismissed a review of the D.C. Circuit's October 2014 decision. The Committee on Judicial Conduct ruled that Jones had not violated any judicial ethics rules during her 2013 speech given at the University of Pennsylvania Law School. The committee's full memorandum on the decision can be read here.

See also

• United States Court of Appeals for the 5th Circuit
• United States Court of Appeals

External links

• Judge Jones' biography from the Federal Judicial Center

Footnotes

Political offices
Preceded by -	United States Court of Appeals for the 5th Circuit 1985-Present	Succeeded by -