United States District Court for the Southern District of Florida

United States District Court for the Southern District of Florida
(S.D. Fla.)
Location Wilkie D. Ferguson, Jr. U.S. Courthouse
More locations
Appeals to Eleventh Circuit
Established February 23, 1847
Judges 18
Chief Judge Kevin Michael Moore
Officers of the court
U.S. Attorney Ariana Fajardo Orshan
U.S. Marshal Gadyaces S. Serralta
www.flsd.uscourts.gov

The United States District Court for the Southern District of Florida (in case citations, S.D. Fla. or S.D. Fl.) is the federal United States district court with territorial jurisdiction over the southern part of the state of Florida.[1]

Appeals from cases brought in the Southern District of Florida are to the United States Court of Appeals for the Eleventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).

History

On the same day that Florida was admitted as a state, March 3, 1845, Congress enacted legislation creating the United States District Court for the District of Florida, 5 Stat. 788.[2][3] On February 23, 1847, this District was subdivided into Northern and Southern Districts, by 9 Stat. 131.[2][3] The statute effecting this division set forth the boundaries of the Districts:

[T]hat part of the State of Florida lying south of a line drawn due east and west from the northern point of Charlotte Harbor, including the islands, keys, reefs, shoals, harbors, bays and inlets, south of said line, shall be erected into a new judicial district, to be called the Southern District of Florida; a District Court shall be held in said Southern District, to consist of one judge, who shall reside at Key West, in said district...

On July 30, 1962 the Middle District was created from portions of these districts by 76 Stat. 247.[3]

Famous cases that have been heard in the district include Bush v. Gore, United States v. Noriega (the prosecution of the former Manuel Noriega), González v. Reno (the Elián González case), notorious Ponzi schemer Scott Rothstein, and United States v. José Padilla (the prosecution of José Padilla).

Jurisdiction

The court's jurisdiction comprises the nine counties of Broward, Highlands, Indian River, Martin, Miami-Dade, Monroe, Okeechobee, Palm Beach, and St. Lucie. The district includes the South Florida metropolitan area of Miami, Fort Lauderdale, and West Palm Beach. It comprises 15,197 square miles (39,360 km2) and approximately 6.3 million people. Courthouses, corresponding to the five divisions of the district, are located in Fort Lauderdale, Fort Pierce, Key West, Miami, and West Palm Beach. The court's offices are located in Miami.

United States Attorney and United States Marshal

The United States Attorney for the Southern District of Florida represents the United States in civil and criminal litigation in the court. The current United States Attorney for the district is Ariana Fajardo Orshan.

On February 12, 2014, Amos Rojas Jr. was confirmed to be the United States Marshal.

Current judges

The Court has 18 authorized judgeships, filled by judges appointed by the President and confirmed by the Senate. This federal district has the dubious distinction of having had more judges removed through impeachment than any other district, with a total of two, one-third of all federal district judges so removed.

The District Judges (active and senior) sitting are:

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
45 Chief Judge Kevin Michael Moore Miami 1951 1992–present 2014–present — G.H.W. Bush
42 District Judge Federico A. Moreno Miami 1952 1990–present 2007–2014 — G.H.W. Bush
46 District Judge Ursula Mancusi Ungaro Miami 1951 1992–present — — G.H.W. Bush
50 District Judge Donald M. Middlebrooks West Palm Beach 1946 1997–present — — Clinton
52 District Judge William Dimitrouleas Ft. Lauderdale 1951 1998–present — — Clinton
57 District Judge Jose E. Martinez Miami 1941 2002–present — — G.W. Bush
58 District Judge Cecilia Altonaga Miami 1962 2003–present — — G.W. Bush
60 District Judge Marcia G. Cooke Miami 1954 2004–present — — G.W. Bush
61 District Judge Kathleen M. Williams Miami 1956 2011–present — — Obama
62 District Judge Robert N. Scola Jr. Miami 1955 2011–present — — Obama
64 District Judge Darrin P. Gayles Miami 1966 2014–present — — Obama
65 District Judge Beth Bloom Miami / Ft. Lauderdale 1962 2014–present — — Obama
66 District Judge Robin L. Rosenberg West Palm Beach / Ft. Pierce 1962 2014–present — — Obama
67 District Judge vacant — — — — — —
68 District Judge vacant — — — — — —
69 District Judge vacant — — — — — —
70 District Judge vacant — — — — — —
71 District Judge vacant — — — — — —
27 Senior Judge James Lawrence King Miami 1927 1970–1992 1984–1991 1992–present Nixon
31 Senior Judge Jose Alejandro Gonzalez Jr. Ft. Lauderdale 1931 1978–1996 — 1996–present Carter
40 Senior Judge William J. Zloch Ft. Lauderdale 1944 1985–2017 2000–2007 2017–present Reagan
43 Senior Judge Donald L. Graham Miami 1948 1991–2013 — 2013–present G.H.W. Bush
48 Senior Judge Daniel T. K. Hurley West Palm Beach 1943 1994–2009 — 2009–present Clinton
49 Senior Judge Joan A. Lenard Miami 1952 1995–2017 — 2017–present Clinton
51 Senior Judge Alan Stephen Gold inactive 1944 1997–2010 — 2010–present Clinton
53 Senior Judge Patricia A. Seitz Miami 1946 1998–2012 — 2012–present Clinton
55 Senior Judge Paul Huck Miami 1940 2000–2010 — 2010–present Clinton
56 Senior Judge Kenneth Marra West Palm Beach 1951 2002–2017 — 2017–present G.W. Bush
59 Senior Judge James I. Cohn Ft. Lauderdale 1948 2003–2016 — 2016–present G.W. Bush

Vacancies and pending nominations

Seat Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination
9 Robin S. Rosenbaum Elevation June 2, 2014 Rodney Smith May 7, 2018
24 James I. Cohn Senior Status August 5, 2016 – –
21 William J. Zloch January 31, 2017 Rodolfo Ruiz May 7, 2018
13 Joan A. Lenard July 1, 2017 Roy Altman
23 Kenneth Marra August 1, 2017 – –

Former judges

# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 William Marvin FL 1808–1902 1847–1863 — — Polk resignation
2 Thomas Jefferson Boynton FL 1838–1871 1864–1870 — — Lincoln resignation
3 John McKinney FL 1829–1871 1871 — — Grant death
4 James William Locke FL 1837–1922 1872–1912 — — Grant retirement
5 John Moses Cheney FL 1859–1922 1912–1913 — — Taft not confirmed[4]
6 Rhydon Mays Call FL 1858–1927 1913–1927 — — Wilson death
7 Lake Jones FL 1867–1930 1924–1930 — — Coolidge death
8 Alexander Akerman FL 1869–1948 1929–1939 — 1939–1948 Coolidge death
9 Halsted L. Ritter FL 1868–1957 1929–1936 — — Coolidge impeachment and conviction
10 Louie Willard Strum FL 1890–1954 1931–1950 1948–1950 — Hoover appointment to 5th Cir.
11 John W. Holland FL 1883–1969 1936–1955 1950–1955 1955–1969 F. Roosevelt death
12 William Julius Barker FL 1886–1968 1940–1959 1955–1959 1959–1968 F. Roosevelt death
13 Curtis L. Waller FL 1887–1950 1940–1943 — — F. Roosevelt appointment to 5th Cir.
14 Dozier A. DeVane FL 1883–1963 1943–1958 — 1958–1963 F. Roosevelt death
15 George William Whitehurst FL 1891–1974 1950–1961 1959–1961 1961–1974 Truman death
16 John Milton Bryan Simpson FL 1903–1987 1950–1962 1961–1962 — Truman reassignment to M.D. Fla
17 Emett Clay Choate FL 1891–1974 1954–1965 — 1965–1974 Eisenhower death
18 Joseph Patrick Lieb FL 1901–1971 1956–1962 — — Eisenhower reassignment to M.D. Fla
18 William McRae FL 1909–1973 1961–1962 — — Kennedy reassignment to M.D. Fla
19 David W. Dyer FL 1909–1973 1961–1966 1962–1966 — Kennedy appointment to 5th Cir.
20 George C. Young FL 1916–2015 1961–1962 — — Kennedy reassignment to M.D. Fla
21 Charles B. Fulton FL 1910–1996 1963–1978 1966–1977 1977–1996 Kennedy death
22 William O. Mehrtens FL 1905–1980 1965–1975 — 1975–1980 L. Johnson death
23 C. Clyde Atkins FL 1914–1999 1966–1982 1977–1982 1982–1999 L. Johnson death
24 Ted Cabot FL 1917–1971 1966–1971 — — L. Johnson death
25 Joe Oscar Eaton FL 1920–2008 1967–1985 1982–1984 1985–2008 L. Johnson death
26 Peter T. Fay FL 1929–present 1970–1976 — — Nixon appointment to 5th Cir.
28 Norman Charles Roettger Jr. FL 1930–2003 1972–1997 1991–1997 1997–2003 Nixon death
29 Sidney M. Aronovitz FL 1920–1997 1976–1988 — 1988–1997 Ford death
30 William Hoeveler FL 1922–2017 1977–1991 — 1991–2017 Carter death
32 Edward B. Davis FL 1933–2010 1979–2000 1997–2000 — Carter retirement
33 James W. Kehoe FL 1925–1998 1979–1992 — 1992–1998 Carter death
34 James Carriger Paine FL 1924–2010 1979–1992 — 1992–2010 Carter death
35 Eugene P. Spellman FL 1930–1991 1979–1991 — — Carter death
36 Alcee Hastings FL 1936–present 1979–1989 — — Carter impeachment and conviction
37 Lenore Carrero Nesbitt FL 1932–2001 1983–1998 — 1998–2001 Reagan death
38 Stanley Marcus FL 1946–present 1985–1997 — — Reagan appointment to 11th Cir.
39 Thomas E. Scott Jr. FL 1948–present 1985–1990 — — Reagan resignation
41 Kenneth Ryskamp FL 1932–2017 1986–2000 — 2000–2017 Reagan death
44 Shelby Highsmith FL 1929–2015 1991–2002 — 2002–2015 G.H.W. Bush death
47 Wilkie D. Ferguson FL 1938–2003 1993–2003 — — Clinton death
54 Adalberto Jordan FL 1961–present 1999–2012 — — Clinton appointment to 11th Cir.
63 Robin S. Rosenbaum FL 1966–present 2012–2014 — — Obama appointment to 11th Cir.

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

See also

References

  1. ↑ 28 U.S.C. § 89.
  2. 1 2 Asbury Dickens, A Synoptical Index to the Laws and Treaties of the United States of America (1852), p. 393.
  3. 1 2 3 U.S. District Courts of Florida, Legislative history, Federal Judicial Center.
  4. ↑ Recess appointment; the United States Senate did not confirm the appointment.

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