United States District Court for the Northern District of West Virginia

Last updated
United States District Court for the Northern District of West Virginia
(N.D. W. Va.)
WestVirginia-northern.gif
Location Martinsburg
More locations
Appeals to Fourth Circuit
EstablishedJanuary 22, 1901
Judges3
Chief Judge Gina Marie Groh
Officers of the court
U.S. Attorney William J. Powell
U.S. Marshal J.C. Raffety
www.wvnd.uscourts.gov

The United States District Court for the Northern District of West Virginia (in case citations, N.D. W. Va.) is a federal court in the Fourth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).

Case citation a system for uniquely identifying individual rulings of a court

Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information.

United States Court of Appeals for the Fourth Circuit

The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:

Patent Intellectual property conferring a monopoly on a new invention

A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, selling, and importing an invention for a limited period of years, in exchange for publishing an enabling public disclosure of the invention. In most countries patent rights fall under civil law and the patent holder needs to sue someone infringing the patent in order to enforce his or her rights. In some industries patents are an essential form of competitive advantage; in others they are irrelevant.

Contents

The District was established on June 22, 1901. [1]

William J. Powell was confirmed as the U.S. Attorney for the Northern District of West Virginia on October 3, 2017. [2]

William J. Powell (attorney) American attorney

William J. Powell is an American attorney who currently serves as the United States Attorney for the United States District Court for the Northern District of West Virginia. Prior to assuming his current role, he was the Chief Deputy Prosecuting Attorney for the Jefferson County, West Virginia Prosecuting Attorney's Office. He was previously a member at the law firm of Jackson Kelly PLLC, where his practice focused on civil litigation and white-collar criminal law. He also previously served as an Assistant United States Attorney in the Southern District of West Virginia, where he prosecuted major fraud and violent crimes. Powell was recommended for the role of U.S. Attorney by U.S. Senator Shelley Moore Capito.

Organization of the court

The Northern District embraces the counties colored green on this map. US federal courts in West Virginia.svg
The Northern District embraces the counties colored green on this map.

The United States District Court for the Northern District of West Virginia is one of two federal judicial districts in West Virginia. [3] Court for the Northern District is held at Clarksburg, Elkins, Martinsburg, and Wheeling.

Clarksburg, West Virginia City in West Virginia, United States

Clarksburg is a city in and the county seat of Harrison County, West Virginia, United States, in the north-central region of the state. The population of the city was 16,578 at the 2010 census. It is the principal city of the Clarksburg, WV Micropolitan Statistical Area, which had a population of 94,221 in 2014. Clarksburg was named National Small City of the Year in 2011 by the National League of Cities.

Elkins, West Virginia City in West Virginia, United States

Elkins is a city in and the county seat of Randolph County, West Virginia, United States. The community was incorporated in 1890 and named in honor of Stephen Benton Elkins, a U.S. Senator from West Virginia. The population was 7,094 at the 2010 census. Elkins is home to Davis and Elkins College and to the Mountain State Forest Festival, held in early October every year.

Martinsburg, West Virginia City in West Virginia, United States

Martinsburg is a city in and the county seat of Berkeley County, West Virginia, United States, in the tip of the state's Eastern Panhandle region in the lower Shenandoah Valley. Its population was 17,687 in the 2016 census estimate, making it the largest city in the Eastern Panhandle and the ninth-largest municipality in the state. Martinsburg is part of the Hagerstown-Martinsburg, MD-WV Metropolitan Statistical Area.

Clarksburg Division comprises the following counties: Braxton, Calhoun, Doddridge, Gilmer, Harrison, Marion, Monongalia, Pleasants, Preston, Ritchie, and Taylor.

Braxton County, West Virginia County in the United States

Braxton County is a county in the central part of the U.S. state of West Virginia. As of the 2010 census, the population was 14,523. The county seat is Sutton. The county was formed in 1836 from parts of Lewis, Kanawha, and Nicholas counties and named for Carter Braxton, a Virginia statesman and signer of the Declaration of Independence.

Calhoun County, West Virginia County in the United States

Calhoun County is a county in the U.S. state of West Virginia. As of the 2010 census, the population was 7,627. Its county seat is Grantsville. The county was founded in 1856 and named for South Carolina politician John C. Calhoun.

Doddridge County, West Virginia County in the United States

Doddridge County is a county in the U.S. state of West Virginia. Its county seat is West Union.

Elkins Division comprises the following counties: Barbour, Grant, Hardy, Lewis, Pendleton, Pocahontas, Randolph, Tucker, Upshur, and Webster.

Barbour County, West Virginia County in the United States

Barbour County is a county in north-central West Virginia, USA. At the 2010 census, the population was 16,589. The county seat is Philippi, which was chartered in 1844. Both county and city were named for Philip Pendleton Barbour (1783–1841), a U.S. Congressman from Virginia and Associate Justice of the U.S. Supreme Court. The county was formed in 1843 when the region was still part of the state of Virginia. In 1871, a small part of Barbour County was transferred to Tucker County, West Virginia.

Grant County, West Virginia County in the United States

Grant County is a county in the U.S. state of West Virginia. As of the 2010 census, the population was 11,937. Its county seat is Petersburg. The county was created from Hardy County in 1866 and named for General Ulysses Simpson Grant.

Hardy County, West Virginia County in the United States

Hardy County is a county in the U.S. state of West Virginia. As of the 2010 census, the population was 14,025. Its county seat is Moorefield. The county was created from Hampshire County in 1786 and named for Samuel Hardy, a distinguished Virginian.

Martinsburg Division comprises the following counties: Berkeley, Hampshire, Jefferson, Mineral, and Morgan.

Berkeley County, West Virginia County in the United States

Berkeley County is located in the Shenandoah Valley in the Eastern Panhandle region of West Virginia in the United States. The county is part of the Hagerstown-Martinsburg, MD-WV Metropolitan Statistical Area.

Hampshire County, West Virginia County in the United States

Hampshire County is a county in the U.S. state of West Virginia. As of the 2010 census, the population was 23,964. Its county seat is Romney, West Virginia's oldest town (1762). The county was created by the Virginia General Assembly in 1754, from parts of Frederick and Augusta Counties (Virginia) and is the state's oldest county. The county lies in both West Virginia's Eastern Panhandle and Potomac Highlands regions.

Jefferson County, West Virginia County in the United States

Jefferson County is located in the Shenandoah Valley and is the easternmost county of the U.S. state of West Virginia. As of the 2010 census the population was 53,498. Its county seat is Charles Town. The county was founded in 1801.

Wheeling Division comprises the following counties: Brooke, Hancock, Marshall, Ohio, Tyler, and Wetzel.

Current judges

As of November 5,2018:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
Active Chief Senior
15Chief Judge Gina Marie Groh Martinsburg 19642012–present2015–present Obama
14District Judge John Preston Bailey Wheeling 19512007–present2008–2015 G.W. Bush
16District Judge Tom Kleeh Clarksburg 19742018–present Trump
11Senior Judge Frederick Pfarr Stamp Jr. Wheeling 19341990–20061994–20012006–present G.H.W. Bush
12Senior Judge Irene Patricia Murphy Keeley Clarksburg 19441992–20172001–20082017–present G.H.W. Bush

Former judges

#JudgeStateBorn–diedActive service Chief Judge Senior status Appointed byReason for
termination
1 John Jay Jackson Jr. WV 1824–19071901–1905 [Note 1] Operation of law retirement
2 Alston G. Dayton WV 1857–19201905–1920 T. Roosevelt death
3 William Eli Baker WV 1873–19541921–19541948–19541954 Harding death
4 Harry Evans Watkins WV 1898–19631937–19631954–1963 F. Roosevelt death
5 Herbert Stephenson Boreman WV 1897–19821954–1959 Eisenhower elevation to 4th Cir.
6 Charles Ferguson Paul WV 1902–19651960–19651963–1965 Eisenhower death
7 Sidney Lee Christie WV 1903–19741964–1974 L. Johnson death
8 Robert Earl Maxwell WV 1924–20101965–19951965–19941995–2010 L. Johnson death
9 Charles Harold Haden II WV 1937–20041975–1983 Ford seat abolished
10 William Matthew Kidd WV 1918–19981979–19901990–1998 Carter death
13 W. Craig Broadwater WV 1950–20061996–2006 Clinton death
  1. Early in the course of the American Civil War, the western portion of Virginia rejected Virginia's secession from the United States, and itself seceded from Virginia. This area largely coincided with the existing Western District of Virginia. The portion of Virginia remaining loyal to the Union became the state of West Virginia, which was admitted as a state on June 20, 1863. On June 11, 1864, by 13 Stat. 124, the United States District Court for the Western District of Virginia became the United States District Court for the District of West Virginia, and those parts of the Western District that were not part of West Virginia were combined with what had previously been the United States District Court for the Eastern District of Virginia to again form a single United States District Court for the District of Virginia. John Jay Jackson, who had been appointed to the Western District of Virginia, was reassigned by operation of law to the newly formed District of West Virginia. At the same time, John Curtiss Underwood, who had been appointed to the Eastern District of Virginia, was reassigned by operation of law to the newly formed District of Virginia. On February 3, 1871, the District of Virginia was again subdivided into Eastern and Western Districts, and Underwood was reassigned to the Eastern District, until his death. On July 1, 1901, the District of West Virginia was subdivided into the United States District Court for the Northern District of West Virginia and the United States District Court for the Southern District of West Virginia; Jackson was reassigned to the Northern District, until his retirement.

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

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References

  1. http://www.fjc.gov/history/home.nsf/page/courts_district_wv.html U.S. District Courts of West Virginia, Legislative history, Federal Judicial Center
  2. Umstead, Matthew (October 4, 2017). "Martinsburg attorney Powell confirmed as new chief federal prosecutor". Herald-Mail. Retrieved 4 October 2017.
  3. 28 U.S.C. § 129

Coordinates: 39°27′22.7″N77°57′58.2″W / 39.456306°N 77.966167°W / 39.456306; -77.966167