Gilbert was nominated by President
Benjamin Harrison on February 23, 1892, to the
United States Court of Appeals for the Ninth Circuit and the
United States Circuit Courts for the Ninth Circuit, to a new joint seat authorized by 26 Stat. 826. He was confirmed by the
United States Senate on March 18, 1892, and received his commission the same day. On December 31, 1911, the Circuit Courts were abolished and he thereafter served only on the Court of Appeals. He was a member of the
Conference of Senior Circuit Judges (now the
Judicial Conference of the United States) from 1922 to 1930. His service terminated on April 27, 1931, due to his death at his home in Portland. He was the last federal judge in active service to have been appointed by President Harrison. After Gilbert's death,
William Denman replaced him on the court.
Brief nomination controversy Gilbert's nomination to the court was hampered when one of the associates in his firm, future judge
Wallace McCamant, wrote a letter to a friend expounding that McCamant would gain financially from Gilbert's election to the court. After it was explained that the financial gain had to do with McCamant becoming partner in the firm if Gilbert left, and not something illicit, the nomination moved forward.
Courthouse and notable cases Gilbert was assigned to the federal courthouse in Portland, now named the
Pioneer Courthouse. While on the court he was responsible for many important decisions, while also serving as the senior ranking judge on the court for 34 years. These including cases concerning the scandal over gold mining in Alaska, a controversy over
Leland Stanford's estate and
Stanford University, a lawsuit over the
Teapot Dome scandal, and the Ninth's opinion in what became the
Olmstead v. United States wiretapping case.
Relationship with Joseph McKenna Gilbert also worked alongside
Joseph McKenna, who would later become
United States Attorney General before William McKinley nominated McKenna to the
United States Supreme Court. Based on his poor view of McKenna's legal abilities, Gilbert openly opposed McKenna's nomination to the country's high court. ==Later years==