Anthony Devos Johnstone at a glance
- Current role
- U.S. Circuit Judge
- Court
- U.S. Court of Appeals for the Ninth Circuit
- Jurisdiction
- National federal courts · Federal
- Judicial service
- Active
Anthony Devos Johnstone
U.S. Circuit Judge · U.S. Court of Appeals for the Ninth Circuit
Available research
Biography
Professional career
- Law clerk to Judge Sidney R. Thomas, Ninth Circuit (1999–2000)
- Assistant Attorney General, Montana Department of Justice (2004–2008)
- Professional Career: Affiliated professor of public administration, 2017-2023
- Professional Career: Private practice, Missoula, Montana, 2015-2023
- Professional Career: Adjunct professor, 2007-2009
- Professional Career: Associate professor, 2014-2017
- Professional Career: Assistant professor, 2011-2014
- Professional Career: Helen and David Mason Professor of Law, 2019-2023
- Professional Career: University of Montana Blewett School of Law, 2007-2009, 2011-2023
- Professional Career: Assistant attorney general, State of Montana, 2004-2008
- Professional Career: Law clerk, Hon. Sidney R. Thomas, U.S. Court of Appeals for the Ninth Circuit, 1999-2000
- Professional Career: Associate dean for faculty development, 2013-2014
- Professional Career: Solicitor general, State of Montana, 2008-2011
- Professional Career: Adjunct professor, Carroll College, 2006-2007
- Professional Career: Professor, 2017-2023
- Professional Career: Private practice, New York City, 2000-2003
Judicial service
- Judge of the United States Court of Appeals for the Ninth Circuit
- Anthony Devos Johnstone (born 1973 in Minneapolis, Minnesota) is an American judge serving on the United States Court of Appeals for the Ninth Circuit since May 5, 2023.
- Johnstone was nominated by President Joe Biden on September 6, 2022, to replace Judge Sidney R. Thomas, who was taking senior status. His nomination was returned to the President at the end of the Senate’s January 2023 adjournment, and he was renominated on January 3, 2023. The Senate confirmed him on May 1, 2023, by a 49–45 vote, and he received his judicial commission on May 5, 2023.
- Professor at the Alexander Blewett III School of Law, University of Montana (2011–2023), with roles including associate dean and Helen & David Mason Professor of Law
- Solo practitioner in Missoula, Montana (2015–2023)
- In summary: Anthony Devos Johnstone is a Senate‑confirmed federal appellate judge with a background in public service, academia, and private practice, now serving on the Ninth Circuit since 2023.
- Solicitor General of Montana (2008–2011)
- Litigation associate, Cravath, Swaine & Moore, New York (2000–2003)
- As a circuit judge, Johnstone hears appeals in a wide range of federal cases within the Ninth Circuit’s jurisdiction, which covers 12 U.S. states and several territories.
Education
- University of Chicago Law School · J.D., 1999
- Yale University · B.A., 1995
Personal record
Born 1973 · Minneapolis
Courtroom rules and guidance
Appellate Oral Argument
In federal courts of appeals, oral argument is allowed unless a three-judge panel unanimously finds one of Rule 34's specified grounds for dispensing with it; the clerk provides the date, time, place, and time allocation.
Oral argument must be allowed in every case unless a panel of three judges who have examined the briefs and record unanimously agrees that oral argument is unnecessaryFederal Rule of Appellate Procedure 34, Oral Argument ↗
Sources
Federal Judicial Center biography
Identity source · HTML · checked July 25, 2026
https://www.fjc.gov/node/13618506Federal Rule of Appellate Procedure 34, Oral Argument
Judge research source · HTML · checked July 26, 2026
https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-appellate-procedure