United States District Court for the Southern District of California

Last updated

United States District Court for the Southern District of California
(S.D. Cal.)
Seal of the United States District Court for the Southern District of California.png
United States District Court for the Southern District of California Map.svg
The district's jurisdiction by county
Location Edward J. Schwartz U.S. Courthouse
More locations
Appeals to Ninth Circuit
EstablishedAugust 5, 1886
Judges13
Chief Judge Cynthia Bashant
Officers of the court
U.S. Attorney Andrew R. Haden (acting)
U.S. Marshal Steven C. Stafford
www.casd.uscourts.gov

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).

Contents

The District was created on September 28, 1850, following the passage of the California Statehood Act 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. As of February 12,2025 the acting United States attorney is Andrew R. Haden. [2]

Organization of the court

The United States District Court for the Southern District of California is one of four federal district courts in California. [3] 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

As of January 28,2025:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
Active Chief Senior
67Chief Judge Cynthia Bashant San Diego 19602014–present2025–present Obama
58District Judge Dana Sabraw San Diego 19582003–present2021–2025 G.W. Bush
62District Judge Janis Lynn Sammartino San Diego 19502007–present G.W. Bush
65District Judge Cathy Ann Bencivengo San Diego 19582012–present Obama
68District Judge Todd W. Robinson San Diego 19672020–present Trump
69District Judge Linda Lopez San Diego 19682021–present Biden
70District Judge Jinsook Ohta San Diego 19762021–present Biden
71District Judge Ruth Bermudez Montenegro San Diego 19672022–present Biden
72District Judge Robert S. Huie San Diego 19762022–present Biden
73District Judge Andrew G. Schopler San Diego 19712023–present [Note 1] Biden
74District Judge James E. Simmons Jr. San Diego 19792023–present Biden
75District Judge Benjamin J. Cheeks San Diego 19772025–present Biden
76District Judgevacant
50Senior Judge Marilyn L. Huff San Diego 19511991–20161998–20052016–present G.H.W. Bush
53Senior Judge Barry Ted Moskowitz San Diego 19501995–20192012–20192019–present Clinton
54Senior Judge Jeffrey T. Miller San Diego 19431997–20102010–present Clinton
55Senior Judge Thomas J. Whelan San Diego 19401998–20102010–present Clinton
56Senior Judge M. James Lorenz San Diego 19351999–20092009–present Clinton
59Senior Judge William Q. Hayes San Diego 19562003–20212021–present G.W. Bush
60Senior Judge John A. Houston San Diego 19522003–20182018–present G.W. Bush
61Senior Judge Roger Benitez San Diego 19502004–20172017–present G.W. Bush
63Senior Judge Michael Anello San Diego 19432008–20182018–present G.W. Bush
64Senior Judge Anthony J. Battaglia San Diego 19492011–20212021–present Obama
66Senior Judge Gonzalo P. Curiel San Diego 19532012–20232023–present Obama
  1. By virtue of his seniority of age, Judge Schopler holds seniority over Judge Simmons despite their identical commission dates.

Vacancies and pending nominations

SeatPrior judge's duty stationSeat last held byVacancy reasonDate of vacancyNomineeDate of nomination
23 San Diego William Q. Hayes Senior status August 1, 2021

Former judges

#JudgeStateBorn–diedActive service Chief Judge Senior status Appointed byReason for
termination
1 James McHall Jones CA 1823–18511850–1851 Fillmore death
2 Ogden Hoffman Jr. CA 1822–18911852–1854 [Note 1] Fillmore/Operation of law seat abolished
3 Isaac Stockton Keith Ogier CA 1819–18611854–1861 Pierce death
4 Fletcher Mathews Haight CA 1799–18661861–1866 Lincoln death
5 Erskine Mayo Ross CA 1845–19281887–1895 Cleveland elevation to 9th Cir.
6 Olin Wellborn CA 1843–19211895–1915 Cleveland retirement
7 Benjamin Franklin Bledsoe CA 1874–19381914–1925 Wilson resignation
8 Oscar A. Trippet CA 1856–19231915–1923 Wilson death
9 William P. James CA 1870–19401923–1940 Harding death
10 Paul John McCormick CA 1879–19601924–19511948–19511951–1960 Coolidge death
11 Edward J. Henning CA 1868–19371925–1929 [Note 2] Coolidge resignation
12 George Cosgrave CA 1870–19451930–19401940–1945 Hoover death
13 Harry Aaron Hollzer CA 1880–19461931–1946 Hoover death
14 Albert Lee Stephens Sr. CA 1874–19651935–1937 F. Roosevelt elevation to 9th Cir.
15 Leon Rene Yankwich CA 1888–19751935–19641951–19591964–1966 F. Roosevelt reassignment to C.D. Cal.
16 Ralph E. Jenney CA 1883–19451937–1945 F. Roosevelt death
17 Campbell E. Beaumont CA 1883–19541939–1954 F. Roosevelt death
18 Benjamin Harrison CA 1888–19601940–19601959–1959 F. Roosevelt death
19 James Francis Thaddeus O'Connor CA 1886–19491940–1949 F. Roosevelt death
20 Peirson Mitchell Hall CA 1894–19791942–19661959–1964 F. Roosevelt reassignment to C.D. Cal.
21 William Carey Mathes CA 1899–19671945–19651964–19651965–1967 Truman death
22 Jacob Weinberger CA 1882–19741946–19581958–1974 Truman death
23 James Marshall Carter CA 1904–19791949–19671966–1967 Truman elevation to 9th Cir.
24 Harry Clay Westover CA 1894–19831949–19651965–1983 Truman death
25 William Matthew Byrne Sr. CA 1896–19741950–1966 [Note 3] 1965–19661966 Truman reassignment to C.D. Cal.
26 Ernest Allen Tolin CA 1904–19611951–1961 [Note 4] Truman death
27 Gilbert H. Jertberg CA 1897–19731955–1958 Eisenhower elevation to 9th Cir.
28 Thurmond Clarke CA 1902–19711955–19661966 Eisenhower reassignment to C.D. Cal.
29 Fred Kunzel CA 1901–19691959–19691967–1969 Eisenhower death
30 Myron Donovan Crocker CA 1915–20101959–1966 Eisenhower reassignment to E.D. Cal.
31 Albert Lee Stephens Jr. CA 1913–20011961–1966 Kennedy reassignment to C.D. Cal.
32 Charles Hardy Carr CA 1903–19761962–1966 Kennedy reassignment to C.D. Cal.
33 Jesse William Curtis Jr. CA 1905–20081962–1966 Kennedy reassignment to C.D. Cal.
34 Elisha Avery Crary CA 1905–19781962–1966 Kennedy reassignment to C.D. Cal.
35 Francis C. Whelan CA 1907–19911964–1966 L. Johnson reassignment to C.D. Cal.
36 Irving Hill CA 1915–19981965–1966 L. Johnson reassignment to C.D. Cal.
37 A. Andrew Hauk CA 1912–20041966 L. Johnson reassignment to C.D. Cal.
38 William Percival Gray CA 1912–19921966 L. Johnson reassignment to C.D. Cal.
39 Edward Joseph Schwartz CA 1912–20001968–19821969–19821982–2000 L. Johnson death
40 Howard Boyd Turrentine CA 1914–20101970–19841982–19841984–2010 Nixon death
41 Gordon Thompson Jr. CA 1929–20151970–19941984–19911994–2015 Nixon death
42 J. Clifford Wallace CA 1928–present1970–1972 Nixon elevation to 9th Cir.
43 Leland Chris Nielsen CA 1919–19991971–19851985–1999 Nixon death
44 William Benner Enright CA 1925–20201972–19901990–2020 Nixon death
45 Judith Keep CA 1944–20041980–20041991–1998 Carter death
46 Earl Ben Gilliam CA 1931–20011980–19931993–2001 Carter death
47 J. Lawrence Irving CA 1935–20241982–1990 Reagan resignation
48 Rudi M. Brewster CA 1932–20121984–19981998–2012 Reagan death
49 John Skylstead Rhoades Sr. CA 1925–20071985–19951995–2007 Reagan death
51 Irma Elsa Gonzalez CA 1948–present1992–20132005–20122013 G.H.W. Bush retirement
52 Napoleon A. Jones Jr. CA 1940–20091994–20072007–2009 Clinton death
57 Larry Alan Burns CA 1954–present2003–20212019–20212021–2024 G.W. Bush retirement
  1. Jointly appointed to the Northern and Southern Districts of California.
  2. Recess appointment; formally nominated on December 8, 1925, confirmed by the United States Senate on December 15, 1925, and received commission on December 15, 1925.
  3. Recess appointment; formally nominated on November 27, 1950, confirmed by the Senate on December 13, 1950, and received commission on December 21, 1950.
  4. Recess appointment; formally nominated on March 3, 1952, confirmed by the Senate on June 10, 1952, and received commission on June 11, 1952.

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

List of U.S. attorneys

The U.S. Attorney is the chief law-enforcement officer for the district. [4] [5]

See also

References

  1. "U.S. District Courts for the Districts of California: Legislative History" . Retrieved July 2, 2010.
  2. "U.S. Attorney Tara McGrath Concludes Tenure as Chief Law Enforcement Officer in Southern District of California" (Press release). U.S. Attorney's Office for the Southern District of California. February 12, 2025. Retrieved February 19, 2025.
  3. 28 U.S.C.   § 84
  4. Executive Office for United States Attorneys (1989). Bicentennial Celebration of United States Attorneys, 1789–1989 (PDF) (Report). Washington, District of Columbia: United States Department of Justice. Retrieved June 19, 2023.
  5. "San Diego's Next U.S. Attorney". Voice of San Diego. December 29, 2008. Retrieved March 15, 2024.
  6. Braniff, William (1993). "Local Discretion, Prosecutorial Choices and the Sentencing Guidelines". Federal Sentencing Reporter. 5 (6): 309–313. doi:10.2307/20639602. ISSN   1053-9867. JSTOR   20639602.
  7. "Alan Bersin". LinkedIn. March 15, 2024. Retrieved March 15, 2024.
  8. "Alan Bersin". CINA. August 29, 2020. Retrieved March 16, 2024.
  9. FBA, San Diego (September 9, 2022). "Member Spotlight: Karen Hewitt". FBA San Diego. Retrieved March 16, 2024.
  10. Moran, Greg (January 5, 2009). "Panels will screen U.S. attorney applicants". San Diego Union Tribute. Retrieved March 15, 2024.
  11. Merken, Sara (November 7, 2023). "Ex-US attorney in Southern California to lead Manatt move into San Diego". Reuters. Retrieved March 15, 2023.