United States District Court for the Western District of North Carolina

Last updated
United States District Court for the Western District of North Carolina
(W.D.N.C.)
NorthCarolina-western.gif
Location Charles R. Jonas Federal Building
(Charlotte)
More locations
Appeals to Fourth Circuit
EstablishedJune 4, 1872
Judges5
Chief Judge Martin Karl Reidinger
Officers of the court
U.S. Attorney Dena J. King
U.S. Marshal Terry J. Burgin
www.ncwd.uscourts.gov

The United States District Court for the Western District of North Carolina (in case citations, W.D.N.C.) is a federal district court which covers the western third of North Carolina.

Contents

Appeals from the Western District of North Carolina are taken to the United States Court of Appeals for 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).

Jurisdiction

The court's jurisdiction comprises the following counties: Alexander, Alleghany, Anson, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Iredell, Jackson, Lincoln, Macon, Madison, McDowell, Mecklenburg, Mitchell, Polk, Rutherford, Swain, Transylvania, Union, Watauga, Wilkes and Yancey. It has jurisdiction over the cities of Asheville, Charlotte, Hickory, and Statesville.

The United States Attorney's Office for the Western District of North Carolina represents the United States in civil and criminal litigation in the court. As of November 29,2021 the United States attorney is Dena J. King. [1]

History

The United States District Court for the District of North Carolina was established on June 4, 1790, by 1  Stat.   126. [2] [3] On June 9, 1794, it was subdivided into three districts by 1  Stat.   395, [3] but on March 3, 1797, the three districts were abolished and the single District restored by 1  Stat.   517, [3] until April 29, 1802, when the state was again subdivided into three different districts by 2  Stat.   156. [2] [3]

In both instances, these districts, unlike those with geographic designations that existed in other states, were titled by the names of the cities in which the courts sat. After the first division, they were styled the District of Edenton, the District of New Bern, and the District of Wilmington; after the second division, they were styled the District of Albemarle, the District of Cape Fear, and the District of Pamptico. However, in both instances, only one judge was authorized to serve all three districts, causing them to effectively operate as a single district. [3] The latter combination was occasionally referred to by the cumbersome title of the United States District Court for the Albemarle, Cape Fear & Pamptico Districts of North Carolina.

On June 4, 1872, North Carolina was re-divided into two Districts, Eastern and Western, by 17  Stat.   215. [3] The presiding judge of the District of North Carolina, George Washington Brooks, was then reassigned to preside over only the Eastern District, allowing President Ulysses S. Grant to appoint Robert P. Dick to be the first judge of the Western District of North Carolina. The Middle District was created from portions of the Eastern and Western Districts on March 2, 1927, by 44  Stat.   1339. [3]

Current judges

As of February 28,2025:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
Active Chief Senior
18Chief Judge Martin Karl Reidinger Asheville 19582007–present2020–present— G.W. Bush
19District Judge Max O. Cogburn Jr. Asheville 19512011–present—— Obama
20District Judge Kenneth D. Bell Charlotte 19582019–present—— Trump
21District Judgevacant——————
22District Judgevacant——————
12Senior Judge Richard Lesley Voorhees Charlotte 19411988–20171991–19982017–present Reagan
13Senior Judge Graham Calder Mullen Charlotte 19401990–20051998–20052005–present G.H.W. Bush
17Senior Judge Frank DeArmon Whitney Charlotte 19592006–20242013–20202024–present G.W. Bush

Vacancies and pending nominations

SeatPrior judge's duty stationSeat last held byVacancy reasonDate of vacancyNomineeDate of nomination
6 Charlotte Robert J. Conrad Senior status May 17, 2023––
5 Frank DeArmon Whitney December 1, 2024––

Former judges

#JudgeStateBorn–diedActive service Chief Judge Senior status Appointed byReason for
termination
1 Robert P. Dick NC 1823–18981872–1898—— Grant retirement
2 Hamilton G. Ewart NC 1849–19181898–1899 [Note 1]
1899–1900 [Note 2] 		—— McKinley
McKinley 		not confirmed
not confirmed
3 James Edmund Boyd NC 1845–19351900–1935 [Note 3] —— McKinley death
4 Edwin Y. Webb NC 1872–19551919–1948—1948–1955 Wilson death
5 David Ezekiel Henderson NC 1879–19681948–1949 [Note 4] —— Truman resignation
6 Wilson Warlick NC 1892–19781949–19681961–1962
1966–1968		1968–1978 Truman death
7 James Braxton Craven Jr. NC 1918–19771961–19661962–1966— Kennedy elevation to 4th Cir.
8 Woodrow W. Jones NC 1914–20021967–19851968–19841985–2002 L. Johnson death
9 James Bryan McMillan NC 1916–19951968–1989—1989–1995 L. Johnson death
10 Robert Daniel Potter NC 1923–20091981–19941984–19911994–2009 Reagan death
11 David B. Sentelle NC 1943–present1985–1987—— Reagan elevation to D.C. Cir.
14 Lacy Thornburg NC 1929–present1995–2009—— Clinton retirement
15 Harold Brent McKnight NC 1952–20042003–2004—— G.W. Bush death
16 Robert J. Conrad NC 1958–present2005–20232006–20132023–2025 G.W. Bush retirement
  1. ↑ Recess appointment; the United States Senate later rejected the appointment.
  2. ↑ Received a second recess appointment and was again rejected by the Senate.
  3. ↑ Recess appointment; formally nominated on December 15, 1900, confirmed by the Senate on January 9, 1901, and received commission the same day.
  4. ↑ Recess appointment; resigned prior to consideration by the Senate.

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

U.S. attorneys for the Western District

The Western and Eastern districts were created in 1872. D. H. Starbuck, who was serving as U.S. Attorney for the entire state, continued in office by serving as Attorney for the Western District.

See also

References

  1. ↑ "Dena J. King Is Sworn In As United States Attorney For The Western District Of North Carolina" (Press release). Charlotte, North Carolina: U.S. Attorney’s Office for the Western District of North Carolina. November 29, 2021. Retrieved December 1, 2021.
  2. 1 2 Asbury Dickens, A Synoptical Index to the Laws and Treaties of the United States of America (1852), p. 389.
  3. 1 2 3 4 5 6 7 U.S. District Courts of North Carolina, Legislative history, Federal Judicial Center .
  4. ↑ "United States Attorneys Office - Western District of North Carolina". Archived from the original on 2007-08-20.

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