United States District Court for the Southern District of California
(S.D. Cal.)
LocationEdward J. Schwartz U.S. Courthouse
(San Diego)
More locations
Appeals toNinth Circuit
EstablishedAugust 5, 1886
Judges13
Chief JudgeDana Sabraw
Officers of the court
U.S. AttorneyTara McGrath
U.S. MarshalSteven 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).

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 the United States attorney is Tara McGrath.[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 September 7, 2023:

# 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
  1. ↑ By virtue of his seniority of age, Judge Schopler holds seniority over Judge Simmons despite their identical commission dates.

Vacancies and pending nominations

On January 10, 2024, President Biden announced his intention to nominate Rebecca S. Kanter to an unspecified seat.

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 – –
17 Gonzalo P. Curiel September 7, 2023 – –

Former judges

# 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
  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]

  • J. M. Jones (1850)
  • Alfred Wheeler (1851–1853)
  • Isaac S. K. Ogier (1853–1854)
  • Pacificus Ord (1854–1858)
  • J. R. Gitchell (1858–1861)
  • Kimball H. Dimmick (1861)
  • Billington C. Whiting (1861)
  • J. Marion Brooks (1887–1888)
  • George J. Davis (1888–1889)
  • Aurelius W. Hutton (1889–1890)
  • Willoughby Cole (1890–1892)
  • Matthew J. Allen (1892–1893)
  • George J. Denis (1893–1897)
  • Frank P. Flint (1897–1901)
  • L. H. Valentine (1901–1905)
  • Oscar Lawler (1905–1909)
  • Aloysuis McCormick (1909–1913)
  • Albert Schoonover (1913–1917)
  • John R. O'Connor (1917–1921)
  • Joseph C. Burke (1921–1925)
  • Samuel W. McNabb (1925–1933)
  • John R. Layng (1933)
  • Pierson M. Hall (1933–1937)
  • Benjamin Harrison (1937–1940)
  • William F. Palmer (1940–1942)
  • Leo W. Silverstein (1942–1943)
  • Charles H. Carr (1943–1946)
  • James M. Carter (1946–1949)
  • Ernest A. Tolin (1949–1951)
  • Walter S. Binns (1951–1953)
  • Laughlin E. Waters (1953–1961)
  • Francis C. Whelan (1961–1964)
  • Thomas R. Sheridan (1964)
  • Manuel L. Real (1964–1966)
  • Edwin L. Miller Jr. (1966–1969)
  • Harry D. Steward (1969–1975)
  • Terry J. Knoepp (1975–1977)
  • Michael J. Walsh (1977–1980)
  • M. James Lorenz (1980–1981)
  • William H. Kennedy (1981–1982)
  • Peter K. Nunez (1982–1988)
  • William Braniff (1988–?)

See also

References

  1. ↑ "U.S. District Courts for the Districts of California: Legislative History". Retrieved July 2, 2010.
  2. ↑ "Tara K. McGrath Sworn in as United States Attorney, Becomes Chief Federal Law Enforcement Officer in One of Nation's Busiest Districts" (Press release). San Diego, California: U.S. Attorney's Office, Southern District of California. October 5, 2023. Retrieved October 8, 2023.
  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.
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