United States District Court for the Southern District of California
United States District Court for the Southern District of California | |
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(S.D. Cal.) | |
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Location | Edward J. Schwartz U.S. Courthouse |
Appeals to | Ninth Circuit |
Established | August 5, 1886 |
Judges | 13 |
Chief Judge | Barry Ted Moskowitz |
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The United States District Court for the Southern District of California (in case citations, S.D. Cal.) is a federal court in the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).
The District was created on September 28, 1850, following California statehood on September 9, 1850. The state was divided into a Northern and Southern district. The Judicial Circuits Act of 1866 abolished the Northern and Southern districts, re-organizing California as a single circuit district. On August 5, 1886 the Southern district was re-established, following the division of the state into Northern and Southern districts. The district was further divided on March 18, 1966 with the creation of the Central and Eastern districts.[1]
The United States Attorney's Office for the Southern District of California represents the United States in civil and criminal litigation in the court. The current United States Attorney is Adam L. Braverman, who was appointed on November 16, 2017.
Organization of the court
The United States District Court for the Southern District of California is one of four federal judicial districts in California.[2] Court for the District is held at El Centro and the Edward J. Schwartz U.S. Courthouse and U.S. Courthouse Annex in San Diego. The district comprises Imperial and San Diego counties.
Current judges
# | Title | Judge | Duty station | Born | Term of service | Appointed by | ||
---|---|---|---|---|---|---|---|---|
Active | Chief | Senior | ||||||
53 | Chief Judge | Barry Ted Moskowitz | San Diego | 1950 | 1995–present | 2012–present | — | Clinton |
57 | District Judge | Larry Alan Burns | San Diego | 1954 | 2003–present | — | — | G.W. Bush |
58 | District Judge | Dana Sabraw | San Diego | 1958 | 2003–present | — | — | G.W. Bush |
59 | District Judge | William Q. Hayes | San Diego | 1956 | 2003–present | — | — | G.W. Bush |
62 | District Judge | Janis Lynn Sammartino | San Diego | 1950 | 2007–present | — | — | G.W. Bush |
63 | District Judge | Michael M. Anello | San Diego | 1943 | 2008–present | — | — | G.W. Bush |
64 | District Judge | Anthony J. Battaglia | San Diego | 1949 | 2011–present | — | — | Obama |
65 | District Judge | Cathy Ann Bencivengo | San Diego | 1958 | 2012–present | — | — | Obama |
66 | District Judge | Gonzalo P. Curiel | San Diego | 1953 | 2012–present | — | — | Obama |
67 | District Judge | Cynthia Ann Bashant | San Diego | 1960 | 2014–present | — | — | Obama |
68 | District Judge | vacant | — | — | — | — | — | — |
69 | District Judge | vacant | — | — | — | — | — | — |
70 | District Judge | vacant | — | — | — | — | — | — |
44 | Senior Judge | William Benner Enright | San Diego | 1925 | 1972–1990 | — | 1990–present | Nixon |
50 | Senior Judge | Marilyn L. Huff | San Diego | 1951 | 1991–2016 | 1998–2005 | 2016–present | G.H.W. Bush |
54 | Senior Judge | Jeffrey T. Miller | San Diego | 1943 | 1997–2010 | — | 2010–present | Clinton |
55 | Senior Judge | Thomas J. Whelan | San Diego | 1940 | 1998–2010 | — | 2010–present | Clinton |
56 | Senior Judge | M. James Lorenz | San Diego | 1935 | 1999–2009 | — | 2009–present | Clinton |
60 | Senior Judge | John A. Houston | San Diego | 1952 | 2003–2018 | — | 2018–present | G.W. Bush |
61 | Senior Judge | Roger T. Benitez | San Diego | 1950 | 2004–2017 | — | 2017–present | G.W. Bush |
Vacancies and pending nominations
Seat | Seat last held by | Vacancy reason | Date of vacancy | Nominee | Date of nomination |
---|---|---|---|---|---|
15 | Marilyn L. Huff | Senior Status | September 30, 2016 | – | – |
25 | Roger T. Benitez | December 31, 2017 | – | – | |
24 | John A. Houston | February 6, 2018 | – | – | |
19 | Michael M. Anello | October 31, 2018[3] | – | – |
Former judges
# | Judge | State | Born–died | Active service | Chief Judge | Senior status | Appointed by | Reason for termination |
---|---|---|---|---|---|---|---|---|
1 | James McHall Jones | CA | 1823–1851 | 1850–1851 | — | — | Fillmore | death |
2 | Ogden Hoffman, Jr. | CA | 1822–1891 | 1852[4]–1854 | — | — | Fillmore | seat abolished |
3 | Isaac Stockton Keith Ogier | CA | 1819–1861 | 1854–1861 | — | — | Pierce | death |
4 | Fletcher Mathews Haight | CA | 1799–1866 | 1861–1866 | — | — | Lincoln | death |
5 | Erskine Mayo Ross | CA | 1845–1928 | 1887–1895 | — | — | Cleveland | appointment to 9th Cir. |
6 | Olin Wellborn | CA | 1843–1921 | 1895–1915 | — | — | Cleveland | retirement |
7 | Benjamin Franklin Bledsoe | CA | 1874–1938 | 1914–1925 | — | — | Wilson | resignation |
8 | Oscar A. Trippet | CA | 1856–1923 | 1915–1923 | — | — | Wilson | death |
9 | William P. James | CA | 1870–1940 | 1923–1940 | — | — | Harding | death |
10 | Paul John McCormick | CA | 1879–1960 | 1924–1951 | 1948–1951 | 1951–1960 | Coolidge | death |
11 | Edward J. Henning | CA | 1868–1937 | 1925–1929 | — | — | Coolidge | resignation |
12 | George Cosgrave | CA | 1870–1945 | 1930–1940 | — | 1940–1945 | Hoover | death |
13 | Harry Aaron Hollzer | CA | 1880–1946 | 1931–1946 | — | — | Hoover | death |
14 | Albert Lee Stephens, Sr. | CA | 1874–1965 | 1935–1937 | — | — | F. Roosevelt | appointment to 9th Cir. |
15 | Leon Rene Yankwich | CA | 1888–1975 | 1935–1964 | 1951–1959 | 1964–1966 | F. Roosevelt | reassignment to C.D. Cal. |
16 | Ralph E. Jenney | CA | 1883–1945 | 1937–1945 | — | — | F. Roosevelt | death |
17 | Campbell Eben Beaumont | CA | 1883–1954 | 1939–1954 | — | — | F. Roosevelt | death |
18 | Benjamin Harrison | CA | 1888–1960 | 1940–1960 | 1959 | — | F. Roosevelt | death |
19 | James Francis Thaddeus O'Connor | CA | 1886–1949 | 1940–1949 | — | — | F. Roosevelt | death |
20 | Peirson Mitchell Hall | CA | 1894–1979 | 1942–1966 | 1959–1964 | — | F. Roosevelt | reassignment to C.D. Cal. |
21 | William Carey Mathes | CA | 1899–1967 | 1945–1965 | 1964–1965 | 1965–1967 | Truman | death |
22 | Jacob Weinberger | CA | 1882–1974 | 1946–1958 | — | 1958–1974 | Truman | death |
23 | James Marshall Carter | CA | 1904–1979 | 1949–1967 | 1966–1967 | — | Truman | appointment to 9th Cir. |
24 | Harry Clay Westover | CA | 1894–1983 | 1949–1965 | — | 1965–1983 | Truman | death |
25 | William Matthew Byrne, Sr. | CA | 1896–1974 | 1950–1966 | 1965–1966 | 1966 | Truman | reassignment to C.D. Cal. |
26 | Ernest Allen Tolin | CA | 1904–1961 | 1951[5]–1961 | — | — | Truman | death |
27 | Gilbert H. Jertberg | CA | 1897–1973 | 1955–1958 | — | — | Eisenhower | appointment to 9th Cir. |
28 | Thurmond Clarke | CA | 1902–1971 | 1955–1966 | 1966 | — | Eisenhower | reassignment to C.D. Cal. |
29 | Fred Kunzel | CA | 1901–1969 | 1959–1969 | 1967–1969 | — | Eisenhower | death |
30 | Myron Donovan Crocker | CA | 1915–2010 | 1959–1966 | — | — | Eisenhower | reassignment to E.D. Cal. |
31 | Albert Lee Stephens, Jr. | CA | 1913–2001 | 1961–1966 | — | — | Kennedy | reassignment to C.D. Cal. |
32 | Charles Hardy Carr | CA | 1903–1976 | 1962–1966 | — | — | Kennedy | reassignment to C.D. Cal. |
33 | Jesse William Curtis, Jr. | CA | 1905–2008 | 1962–1966 | — | — | Kennedy | reassignment to C.D. Cal. |
34 | Elisha Avery Crary | CA | 1905–1978 | 1962–1966 | — | — | Kennedy | reassignment to C.D. Cal. |
35 | Francis C. Whelan | CA | 1907–1991 | 1964–1966 | — | — | L. Johnson | reassignment to C.D. Cal. |
36 | Irving Hill | CA | 1915–1998 | 1965–1966 | — | — | L. Johnson | reassignment to C.D. Cal. |
37 | A. Andrew Hauk | CA | 1912–2004 | 1966 | — | — | L. Johnson | reassignment to C.D. Cal. |
38 | William Percival Gray | CA | 1912–1992 | 1966 | — | — | L. Johnson | reassignment to C.D. Cal. |
39 | Edward Joseph Schwartz | CA | 1912–2000 | 1968–1982 | 1969–1982 | 1982–2000 | L. Johnson | death |
40 | Howard Boyd Turrentine | CA | 1914–2010 | 1970–1984 | 1982–1984 | 1984–2010 | Nixon | death |
41 | Gordon Thompson, Jr. | CA | 1929–2015 | 1970–1994 | 1984–1991 | 1994–2015 | Nixon | death |
42 | John Clifford Wallace | CA | 1928–present | 1970–1972 | — | — | Nixon | appointment to 9th Cir. |
43 | Leland Chris Nielsen | CA | 1919–1999 | 1971–1985 | — | 1985–1999 | Nixon | death |
45 | Judith Keep | CA | 1944–2004 | 1980–2004 | 1991–1998 | — | Carter | death |
46 | Earl Ben Gilliam | CA | 1931–2001 | 1980–1993 | — | 1993–2001 | Carter | death |
47 | J. Lawrence Irving | CA | 1935–present | 1982–1990 | — | — | Reagan | resignation |
48 | Rudi M. Brewster | CA | 1932–2012 | 1984–1998 | — | 1998–2012 | Reagan | death |
49 | John Skylstead Rhoades, Sr. | CA | 1925–2007 | 1985–1995 | — | 1995–2007 | Reagan | death |
51 | Irma Elsa Gonzalez | CA | 1948–present | 1992–2013 | 2005–2012 | 2013 | G.H.W. Bush | retirement |
52 | Napoleon A. Jones Jr. | CA | 1940–2009 | 1994–2007 | — | 2007–2009 | Clinton | death |
Chief judges
Chief judges have administrative responsibilities with respect to their district court. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the district court judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position.
When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire on what has since 1958 been known as senior status or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.
Succession of seats
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See also
Notes
- ↑ "Archived copy". Archived from the original on May 31, 2010. Retrieved July 2, 2010. U.S. District Courts of California, Legislative history, Federal Judicial Center - "The act transferred to the Eastern District one judgeship from the Southern District and two from the Northern District. For the Central District, ten judgeships were transferred from the Southern District and three new judgeships were authorized."
- ↑ "28 U.S.C. § 84 - U.S. Code Title 28. Judiciary and Judicial Procedure § 84 - FindLaw". findlaw.com. Archived from the original on December 5, 2014.
- ↑ "Future Judicial Vacancies". uscourts.gov. Archived from the original on May 11, 2015.
- ↑ Initially appointed to the Northern District of California in 1851 by Millard Fillmore; Act of August 31, 1852 made the judge of the Northern District be judge of the Southern District as well.
- ↑ Recess appointment; formally nominated on March 3, 1952, confirmed by the United States Senate on June 10, 1952, and received commission on June 11, 1952.