Images and text courtesy Wikimedia Commons.
Establishing the Presidency
Interview with Justice Anthony Kennedy on Washington's role in establishing the presidency.
Congress passed the Judiciary Act of 1789, which formally established the federal judiciary. As the first president, and since there were no sitting justices at the beginning of his term, George Washington had the unique opportunity to fill the entire body of United States federal judges with his selections-- including the Supreme Court.
United States President George Washington appointed 38 United States federal judges during his presidency, which lasted from April 30 to March 4, 1798.
The first group of Washington's appointments—two justices of the Supreme Court of the United States and ten district court judges—began service two days after Congress passed the Judiciary Act of 1789, which formally established the federal judiciary. Washington's last court appointee received his commission twelve days before the end of Washington's presidency.
As the first President, Washington was responsible for appointing the entire Supreme Court; he appointed a record ten justices, including two Chief Justices who were confirmed from outside the Court and one former Justice named as Chief Justice by a recess appointment, but not ultimately confirmed to the position. Additionally, Washington nominated Robert H. Harrison, who declined to serve, and nominated William Cushing for elevation to Chief Justice, who likewise declined.
Washington appointed only 28 judges to the United States district courts, due to the smaller size of the judiciary at the time; there were far fewer states, most states had a single district court, and each district had a single judge assigned to it. Because intermediate federal appellate courts had not yet been established, this, combined with the Supreme Court appointments, constituted the total number of federal judicial appointments made by Washington. Richard Peters, Jr. served for over 36 years, the longest of Washington's appointments.