United States District Court for the Southern District of California | |
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(S.D. Cal.) | |
Location | Edward J. Schwartz U.S. Courthouse More locations |
Appeals to | Ninth Circuit |
Established | August 5, 1886 |
Judges | 13 |
Chief Judge | Dana Sabraw |
Officers of the court | |
U.S. Attorney | Tara McGrath |
U.S. Marshal | Steven C. Stafford |
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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 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 October 5,2023 [update] the United States attorney is Tara McGrath. [2]
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.
As of September 7,2023 [update] :
# | Title | Judge | Duty station | Born | Term of service | Appointed by | ||
---|---|---|---|---|---|---|---|---|
Active | Chief | Senior | ||||||
58 | Chief Judge | Dana Sabraw | San Diego | 1958 | 2003–present | 2021–present | — | G.W. Bush |
62 | District Judge | Janis Lynn Sammartino | San Diego | 1950 | 2007–present | — | — | G.W. Bush |
65 | District Judge | Cathy Ann Bencivengo | San Diego | 1958 | 2012–present | — | — | Obama |
67 | District Judge | Cynthia Bashant | San Diego | 1960 | 2014–present | — | — | Obama |
68 | District Judge | Todd W. Robinson | San Diego | 1967 | 2020–present | — | — | Trump |
69 | District Judge | Linda Lopez | San Diego | 1968 | 2021–present | — | — | Biden |
70 | District Judge | Jinsook Ohta | San Diego | 1976 | 2021–present | — | — | Biden |
71 | District Judge | Ruth Bermudez Montenegro | San Diego | 1967 | 2022–present | — | — | Biden |
72 | District Judge | Robert S. Huie | San Diego | 1976 | 2022–present | — | — | Biden |
73 | District Judge | Andrew G. Schopler | San Diego | 1971 | 2023–present [Note 1] | — | — | Biden |
74 | District Judge | James E. Simmons Jr. | San Diego | 1979 | 2023–present | — | — | Biden |
75 | District Judge | vacant | — | — | — | — | — | — |
76 | District Judge | vacant | — | — | — | — | — | — |
50 | Senior Judge | Marilyn L. Huff | San Diego | 1951 | 1991–2016 | 1998–2005 | 2016–present | G.H.W. Bush |
53 | Senior Judge | Barry Ted Moskowitz | San Diego | 1950 | 1995–2019 | 2012–2019 | 2019–present | Clinton |
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 |
57 | Senior Judge | Larry Alan Burns | San Diego | 1954 | 2003–2021 | 2019–2021 | 2021–present | G.W. Bush |
59 | Senior Judge | William Q. Hayes | San Diego | 1956 | 2003–2021 | — | 2021–present | G.W. Bush |
60 | Senior Judge | John A. Houston | San Diego | 1952 | 2003–2018 | — | 2018–present | G.W. Bush |
61 | Senior Judge | Roger Benitez | San Diego | 1950 | 2004–2017 | — | 2017–present | G.W. Bush |
63 | Senior Judge | Michael Anello | San Diego | 1943 | 2008–2018 | — | 2018–present | G.W. Bush |
64 | Senior Judge | Anthony J. Battaglia | San Diego | 1949 | 2011–2021 | — | 2021–present | Obama |
66 | Senior Judge | Gonzalo P. Curiel | San Diego | 1953 | 2012–2023 | — | 2023–present | Obama |
Seat | Prior judge's duty station | Seat last held by | Vacancy reason | Date of vacancy | Nominee | Date of nomination |
---|---|---|---|---|---|---|
23 | San Diego | William Q. Hayes | Senior status | August 1, 2021 | Rebecca S. Kanter | February 1, 2024 |
17 | Gonzalo P. Curiel | September 7, 2023 | – | – |
# | 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 | 1852–1854 [Note 1] | — | — | Fillmore/Operation of law | 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 | elevation 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 [Note 2] | — | — | 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 | elevation 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 E. Beaumont | CA | 1883–1954 | 1939–1954 | — | — | F. Roosevelt | death |
18 | Benjamin Harrison | CA | 1888–1960 | 1940–1960 | 1959–1959 | — | 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 | elevation 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 [Note 3] | 1965–1966 | 1966 | Truman | reassignment to C.D. Cal. |
26 | Ernest Allen Tolin | CA | 1904–1961 | 1951–1961 [Note 4] | — | — | Truman | death |
27 | Gilbert H. Jertberg | CA | 1897–1973 | 1955–1958 | — | — | Eisenhower | elevation 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 | J. Clifford Wallace | CA | 1928–present | 1970–1972 | — | — | Nixon | elevation to 9th Cir. |
43 | Leland Chris Nielsen | CA | 1919–1999 | 1971–1985 | — | 1985–1999 | Nixon | death |
44 | William Benner Enright | CA | 1925–2020 | 1972–1990 | — | 1990–2020 | 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 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.
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The U.S. Attorney is the chief law-enforcement officer for the district. [4]
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