Fifth Circuit |
Posts: 13 |
Judges: 12 |
Vacancies: 1 |
Chief: Alia Moses |
Active judges: Alan Albright, Samuel Biery, Kathleen Cardone, David Counts, Orlando Garcia,
David Guaderrama, Frank Montalvo, Alia Moses, Robert Pitman, Jason Pulliam, Xavier
Rodriguez, Earl Yeakel Senior judges: |
The United States District Court For the Western District Of Texas is a United States district court with jurisdiction over the counties in the western part of the State of Texas. This district covers over 92,000 square miles and seven divisions. It is one of 94 United States district courts. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Fifth Circuit based in downtown New Orleans at the John Minor Wisdom Federal Courthouse.
Vacancies
See also: Current federal judicial vacanciesThere is one current vacancy on the United States District Court for the Western District of Texas, out of the court's 13 judicial positions.
Pending nominations
There are no pending nominees for this court.
Active judges
Article III judges
Orlando Garcia | Bill Clinton (D) | March 11, 1994 - | University of Texas, 1975 | University of Texas School of Law, 1978 |
Samuel Biery | Bill Clinton (D) | March 11, 1994 - | Texas Lutheran College, 1970 | Southern Methodist University, Dedman School of Law, 1973 |
Alia Moses | George W. Bush (R) | November 15, 2002 - | Texas Woman's University, 1983 | University of Texas School of Law, 1986 |
Earl Yeakel | George W. Bush (R) | July 29, 2003 - | University of Texas, 1966 | University of Texas School of Law, 1969 |
Kathleen Cardone | George W. Bush (R) | July 29, 2003 - | State University of New York, Binghamton, 1976 | St. Mary's University School of Law, 1979 |
Frank Montalvo | George W. Bush (R) | August 1, 2003 - | University of Puerto Rico, 1976 | Wayne State University School of Law, 1985 |
Xavier Rodriguez | George W. Bush (R) | August 1, 2003 - | Harvard University, 1983 | University of Texas School of Law, 1987 |
David Guaderrama | Barack Obama (D) | April 30, 2012 - | New Mexico State University, 1975 | Notre Dame Law School, 1979 |
Robert Pitman | Barack Obama (D) | December 19, 2014 - | Abilene Christian University, 1985 | University of Texas School of Law, 1988 |
David Counts | Donald Trump (R) | January 17, 2018 - | Texas Tech University, 1983 | St. Mary's School of Law, 1986 |
Alan Albright | Donald Trump (R) | September 10, 2018 - | Trinity University, 1981 | University of Texas School of Law, 1984 |
Jason Pulliam | Donald Trump (R) | August 5, 2019 - | City University of New York, Brooklyn College, 1995 | Texas Southern University, 2000 |
Active Article III judges by appointing political party
The list below displays the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.
- Democrat appointed: 4
- Republican appointed: 8
Senior judges
James Nowlin | Ronald Reagan (R) | May 31, 2003 - | Trinity University, 1959 | University of Texas School of Law, 1963 |
David Briones | Bill Clinton (D) | February 26, 2009 - | University of Texas, 1969 | University of Texas School of Law, 1971 |
David Alan Ezra | Ronald Reagan (R) | June 27, 2012 - | St. Mary's University, 1969 | St. Mary's University School of Law, 1972 |
Robert Junell | George W. Bush (R) | February 13, 2015 - | Texas Tech University, 1969 | Texas Tech University School of Law, 1976 |
Sam Sparks | George H.W. Bush (R) | December 31, 2017 - | University of Texas, 1961 | University of Texas School of Law, 1963 |
Senior judges by appointing political party
The list below displays the number of senior judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.
- Democrat appointed: 1
- Republican appointed: 4
Magistrate judges
Federal magistrate judges are federal judges who serve in United States district courts, but they are not appointed by the president and they do not serve life terms. Magistrate judges are assigned duties by the district judges in the district in which they serve. They may preside over most phases of federal proceedings, except for criminal felony trials. The specific duties of a magistrate judge vary from district to district, but the responsibilities always include handling matters that would otherwise be on the dockets of the district judges. Full-time magistrate judges serve for renewable terms of eight years. Some federal district courts have part-time magistrate judges, who serve for renewable terms of four years.[1]
Jeff Manske | August 1, 2001 - | Baylor University, 1983 | St. Mary's University Law, 1986 | |
Victor Garcia | May 14, 2003 - | Angelo State University, 1977 | Texas Southern University, Thurgood Marshall School of Law, 1980 | |
Collis White | October 24, 2009 - | John Jay College of Criminal Justice, 1980 | Fordham University Law, 1984 | |
Robert Castaneda | March 31, 2011 - | University of Minnesota, Duluth, 1979 | ||
Mark Lane | March 30, 2012 - | University of Texas, 1984 | University of Huston Law, 1987 | |
Henry J. Bemporad | April 13, 2012 - | University of Texas, Austin, 1985 | Stanford University, 1988 | |
Anne Teresa Berton | November 30, 2012 - | West Point Academy, 1986 | Texas Tech University, 1995 | |
Miguel A. Torres | January 1, 2013 - | New Mexico State University, 1991 | University of Texas, Austin, 1995 | |
David B. Fannin | November 10, 2015 - | University of Texas at Austin, 1981 | University of Texas School of Law, Austin, 1985 | |
Leon Schydlower | January 13, 2016 - | University of Texas at Austin, 1993 | University of Texas School of Law, Austin, 1995 | |
Elizabeth Chestney | January 16, 2017 - | Brown University, 1999 | University of Texas, Austin, 2002 | |
Richard Farrer | September 27, 2017 - | University of New Mexico, 1993 | University of Texas School of Law, 2005 | |
Ronald C. Griffin | August 13, 2018 - | Texas Tech University, 1996 | Oklahoma City University School of Law, 1999 | |
Susan Hightower | July 1, 2019 - | Austin College, 1987 | Stanford Law School, 2000 | |
Dustin Howell | United States District Court for the Western District of Texas | August 13, 2021 - | Texas Tech University School of Law |
Former chief judges
In order to qualify for the office of chief judge in an Article III circuit or district court, or on the United States Court of International Trade, a judge must be in active service and hold seniority over the court's commissioned judges who are 64 years of age or under, have served one year or more, and have not previously served as chief judge.[2]
In the event that no judge on the court meets those qualifications, the youngest judge in regular active service aged 65 years or more and who has served as a judge for one year or more shall become chief judge. If no judge meets those qualifications, the judge holding seniority in active service who has not served as chief before shall become the chief judge.[3][4][5]
The chief judge serves for a term of seven years until another judge becomes eligible to serve in the position. No judge is permitted to serve as chief judge after reaching the age of 70 years unless no other judge is qualified to serve.[3][4][5]
Unlike the chief justice of the United States, a chief judge returns to active service after the expiration of their term and does not create a vacancy on the court by the fact of their promotion.[2][3][4][5]
On the United States Court of Federal Claims, the chief judge is selected by the President of the United States. The judge must be less than 70 years of age. A chief may serve until they reach age 70 or until another judge is designated by the president as the new chief judge. If the president selects a new chief judge, the former chief judge may continue active service on the court for the remainder of their appointed term.[6]
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Former judges
For more information on judges of the Western District of Texas, see [[:category:Former federal judge, Western District of Texas|former federal judges of the Western District of Texas.
Jurisdiction
The Counties of the Western District of Texas (click for larger map)
The Western District of Texas has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.
There are seven court divisions, each covering the following counties:
The Austin Division, covering Bastrop, Blanco, Burleson, Burnet, Caldwell, Gillespie, Hays, Kimble, Lampasas, Lee, Llano, Mason, McCulloch, San Saba, Travis, Washington, and Williamson counties;
The Del Rio Division, covering Edwards, Kinney, Maverick, Terrell, Uvalde, Val Verde, and Zavala counties;
The El Paso Division, covering El Paso and Hudspeth counties;
The Midland Division, covering Andrews, Crane, Ector, Martin, Midland, and Upton counties;
The Pecos Division, covering Brewster, Culberson, Jeff Davis, Loving, Pecos, Presidio, Reeves, Ward, and Winkler counties;
The San Antonio Division, covering Atascosa, Bandera, Bexar, Comal, Dimmit, Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, Real, and Wilson counties; and
The Waco Division, covering Bell, Bosque, Coryell, Falls, Freestone, Hamilton, Hill, Leon, Limestone, McLennan, Milam, Robertson, and Somervell counties.
Caseloads
This section contains court management statistics dating back to 2010. It was last updated in May 2021. Click [show] below for more information on caseload terms and definitions.
Cases filed and terminated | The number of civil and criminal lawsuits formally initiated or decided by the court in a calendar year. The chart below reflects the table columns Cases filed and Cases terminated. |
Average time from filing to disposition | The average amount of time, in months, from a case's date of filing to date of disposition (acquittal, sentencing, dismissal, etc.). The chart below reflects the table columns Median time (Criminal) and Median time (Civil). |
Starting case load | The number of cases pending from the previous calendar year. |
Cases filed | The number of civil and criminal lawsuits formally initiated in a calendar year. |
Cases terminated | The total number of civil and criminal lawsuits decided by the court in a calendar year. |
Remaining cases | The number of civil and criminal cases pending at the end of a given year. |
Median time (Criminal) | The average amount of time, in months, from a case's date of filing to the date of disposition. In criminal cases, the date of disposition occurs on the day of sentencing or acquittal/dismissal. |
Median time (Civil) | The average amount of time, in months, from a case's date of filing to the date of disposition. |
Three-year civil cases | The number and percent of civil cases that were filed more than three years before the end of the given calendar year. |
Vacant posts | The number of months during the year an authorized judgeship was vacant. |
Trial/Post | The number of trials completed divided by the number of authorized judgeships on the court. Trials include evidentiary trials, hearings on temporary restraining orders, and preliminary injunctions. |
Source: United States Courts, "Explanation of the Judicial Caseload Profiles for United States District Courts," accessed September 25, 2018 |
Year | Cases Filed | Cases Terminated | Cases Pending | Number of Judgeships | Vacant Judgeship Months | Average Total Filings per Judgeship | Trials Completed per Judgeship | Median time from filing to disposition, criminal | Median time from filing to disposition, civil | Three-year civil cases (#) | Three-year civil cases (%) |
2010 | 13,339 | 12,946 | 6,939 | 13 | 24 | 1,026 | 45 | 4 | 9 | 57 | 2 |
2011 | 12,282 | 11,631 | 6,432 | 13 | 24 | 945 | 41 | 5 | 7 | 64 | 3 |
2012 | 13,087 | 13,630 | 6,765 | 13 | 16 | 1,007 | 26 | 5 | 7 | 55 | 2 |
2013 | 12,270 | 12,434 | 6,429 | 13 | 12 | 944 | 25 | 5 | 7 | 75 | 3 |
2014 | 11,752 | 11,531 | 6,467 | 13 | 6 | 904 | 20 | 5 | 7 | 76 | 3 |
2015 | 11,280 | 10,835 | 6,614 | 13 | 11 | 868 | 22 | 6 | 7 | 76 | 3 |
2016 | 12,374 | 11,263 | 7,351 | 13 | 16 | 952 | 19 | 5 | 7 | 73 | 2 |
2017 | 11,822 | 12,179 | 6,813 | 13 | 24 | 909 | 20 | 5 | 8 | 79 | 3 |
2018 | 14,453 | 13,615 | 7,524 | 13 | 24 | 1,112 | 20 | 4 | 8 | 115 | 4 |
2019 | 16,099 | 15,225 | 8,322 | 13 | 7 | 1,238 | 22 | 4 | 7 | 155 | 5 |
Average | 12,876 | 12,529 | 6,966 | 13 | 16 | 991 | 26 | 5 | 7 | 83 | 3 |
History
Court history
On December 29, 1845, the State of Texas was organized as one judicial district. One judgeship was authorized for this U.S. district court, and being that it was not assigned to a judicial circuit, the district court was granted the same jurisdiction as the United States circuit courts, excluding appeals and writs of error, which are the jurisdiction of the Supreme Court.
Texas was divided into two judicial districts, known as the Eastern District of Texas and the Western District of Texas, on February 21, 1857. One judgeship was authorized for the court in each district. Circuit court jurisdiction of the district court in Texas was repealed on July 15, 1862, and a U.S. circuit court was established for the district and assigned over to the United States Court of Appeals for the 6th Circuit. Texas was then assigned to the United States Court of Appeals for the 5th Circuit on July 23, 1866.
The Northern District of Texas was established on February 24, 1879, with one judgeship authorized to the district court. On February 9, 1898, a temporary judgeship was authorized to the Northern District. However, the statute provided that any vacancy in the existing judgeship would not be filled.
A few years later, on March 11, 1902, the Southern District of Texas was established and one judgeship was authorized to this district court.
The Western District of Texas had twelve judicial posts added over time for a total of thirteen current posts.[7]
Federal Judicial Conference recommendation (2019)
In March 2019, the Federal Judicial Conference (FJC) recommended that six judgeships be added to the district.[8] Based on FJC data, the district handled 745 weighted filings per judgeship from September 2017 to September 2018. Weighted filings are a specific metric used by the federal judiciary that accounts for the different amounts of time judges require to resolve types of civil and criminal cases. The national average in that period for weighted filings per judgeship was 513.[9]
The FJC is the policy-making body for the United States federal courts system. It was first organized as the Conference of Senior Circuit Judges in 1922.[10] The Chief Justice of the Supreme Court of the United States serves as chair of the conference. The members of the conference are the chief judge of each judicial circuit, the Chief Judge of the Court of International Trade, and a district judge from each regional judicial circuit.[11]
Judicial posts
The following table highlights the development of judicial posts for the Western District of Texas:[7]
Year | Statute | Total Seats |
December 29, 1845 | 9 Stat. 1 | 1 |
February 21, 1857 | 11 Stat. 164 | 1 |
February 26, 1917 | 39 Stat. 938 | 2 |
May 19, 1961 | 75 Stat. 80 | 3 |
March 18, 1966 | 80 Stat. 75 | 4 |
June 2, 1970 | 84 Stat. 294 | 5 |
October 20, 1978 | 92 Stat. 1629 | 6 |
July 10, 1984 | 98 Stat. 333 | 7 |
December 1, 1990 | 104 Stat. 5089 | 10 |
December 21, 2000 | 114 Stat. 2762 | 11 |
November 2, 2002 | 116 Stat. 1758 | 13 |
Federal courthouse
Six separate courthouses serve the Western District of Texas.
Hipolito F. Garcia Federal Building and U.S. Courthouse
Hipolito F. Garcia Federal Building and U.S. Courthouse
This courthouse is located in San Antonio, Texas, next to the Alamo. As such, since its creation it has signified a federal presence in the city. The building officially opened in 1937 and was constructed as part of the Federal Public Works programs following the Great Depression. In 2000, the courthouse was listed on the National Register of Historic Places.[12]
Austin's United States Courthouse
United States Courthouse in Austin
This courthouse in Austin, Texas, was completed in 2013. The structure encompasses a full city block next to Republic Square Park. To read more about the architecture of the courthouse, see: Texas Architect, "Irreconcilable Differences Resolved," May/June 2013 Issue.[13]
About United States District Courts
The United States district courts are the general trial courts of the United States federal courts. There are 94 such courts. Both civil and criminal cases are filed in the district court, which is a court of both law and equity.
There is a United States bankruptcy court and a number of bankruptcy judges associated with each United States district court. Each federal judicial district has at least one courthouse, and most districts have more than one.
There is at least one judicial district for each state, and one each for Puerto Rico and the District of Columbia. District courts in three insular areas—the United States Virgin Islands, Guam, and the Northern Mariana Islands—exercise the same jurisdiction as U.S. district courts. Despite their name, these courts are technically not District Courts of the United States. Judges on these territorial courts do not enjoy the protections of Article III of the Constitution, and serve terms of 10 years rather than for life.
There are 677 U.S. District Court judgeships.[14][15]
The number of federal district judge positions is set by the U.S. Congress in Title 28 of the U.S. Code, Section 133, which authorizes a set number of judge positions, or judgeships, making changes and adjustments in these numbers from time to time.
In order to relieve the pressure of trying the hundreds of thousands of cases brought before the federal district courts each year, many trials are tried by juries, along with a presiding judge.[16]
Appointments by president
The chart below shows the number of district court judges confirmed by the U.S. Senate through November 1 of the second year of each president's term in office. At this point in the term, President Clinton had the most district court appointments with 107.
Judges by district
See also: Judicial vacancies in federal courtsThe table below displays the number of judges in each district and indicates how many were appointed by presidents from each major political party. It also includes the number of vacancies in a district and how many pending nominations for that district are before the United States Senate. The table can be sorted by clicking the column headers above the line, and you can navigate through the pages by clicking the arrows at the top of the table. It is updated every Monday.
Judicial selection
The district courts are served by Article III federal judges who are appointed for life during "good behavior." They are usually first recommended by senators (or members of the House, occasionally). The President of the United States makes the appointments, which must then be confirmed by the U.S. Senate in accordance with Article III of the United States Constitution.[15]
1. Recommendation made by Congress Member to the President | President Nominates to Senate Judiciary Committee | President Declines Nomination |
2. Senate Judiciary Committee interviews Candidate | Sends candidate to Senate for confirmation | Returns candidate to President, who may re-nominate to Committee |
3. Senate votes on candidate confirmation | Candidate becomes federal judge | Candidate does not receive judgeship |
Magistrate judges
The district courts are also served by magistrate judges. Congress created the judicial office of federal magistrate in 1968. In 1990, the position title was changed to magistrate judge. The chief judge of each district appoints one or more magistrate judges, who discharge many of the ancillary duties of district judges so judges can handle more trials. There are both full-time and part-time magistrate judge positions, and these positions are assigned to the district courts according to caseload criteria (subject to funding by Congress). A full-time magistrate judge serves a term of eight years; a part-time magistrate judge's term of office is four years.[17]
See also
- United States Court of Appeals for the Fifth Circuit
- United States District Court for the Eastern District of Louisiana
- United States District Court for the Middle District of Louisiana
- United States District Court for the Western District of Louisiana
- United States District Court for the Northern District of Mississippi
- United States District Court for the Southern District of Mississippi
- United States District Court for the Eastern District of Texas
- United States District Court for the Northern District of Texas
- United States District Court for the Southern District of Texas
External links
- Search Google News for this topic
- US District Court for the Western District of Texas
- US Attorney's Office for the Western District of Texas
Footnotes
- ↑ United States District Court - District of Utah, "Questions and Answers About Magistrate Judges," accessed May 19, 2021
- ↑ 2.0 2.1 United States Courts, "Frequently Asked Questions," accessed January 25, 2022
- ↑ 3.0 3.1 3.2 Cornell Law School Legal Information Institute, "28 U.S. Code § 136 - Chief judges; precedence of district judges," accessed January 25, 2022
- ↑ 4.0 4.1 4.2 Cornell Law School Legal Information Institute, "28 U.S. Code § 258 - Chief judges; precedence of judges," accessed January 25, 2022
- ↑ 5.0 5.1 5.2 Cornell Law School Legal Information Institute, "28 U.S. Code § 45 - Chief judges; precedence of judges," accessed January 25, 2022
- ↑ Cornell Law School Legal Information Institute, "28 U.S. Code § 171 - Appointment and number of judges; character of court; designation of chief judge," accessed January 25, 2022
- ↑ 7.0 7.1 Federal Judicial Center, "U.S. District Courts for the Districts of Texas," accessed May 20, 2021
- ↑ Federal Judicial Conference, "March 2019 Recommendations," accessed July 25, 2019
- ↑ US Courts, "Table X-1A—Other Judicial Business (September 30, 2018)," accessed July 24, 2019
- ↑ US Courts, "Governance & the Judicial Conference," accessed July 25, 2019
- ↑ US Courts, "About the Judicial Conference," accessed July 25, 2019
- ↑ U.S. General Services Administration, Building Overview: Hipolito F. Garcia Federal Building and U.S. Courthouse," accessed February 28, 2014
- ↑ Texas Architect, "Irreconcilable Differences Resolved," May/June 2013 Issue
- ↑ US Courts, "Federal Judgeships," accessed May 10, 2021 (archived)
- ↑ 15.0 15.1 U.S. Courts, "United States District Court Federal Judiciary Frequently Asked Questions," accessed May 10, 2021 (archived)
- ↑ United States District Courts, "District Courts," accessed May 10, 2021
- ↑ The 'Lectric Law Library, "Understanding the U.S. federal courts"
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v • e Federal judges who have served the United States District Court for the Western District of Texas |
Chief Judge: Alia Moses • Samuel Biery • Earl Yeakel • Xavier Rodriguez • Kathleen Cardone • Frank Montalvo • Orlando Garcia • David Guaderrama • Jason Pulliam • David Counts • Robert Pitman • Alan Albright
Sam Sparks • David Briones • Robert Junell • David Alan Ezra • James Nowlin •
Thomas Howard DuVal • Ezekiel Turner • Edward Prado • Emilio Garza • Thomas Sheldon Maxey • William Robert Smith • Walter Smith Jr. • Harry Hudspeth • Philip Martinez • William Furgeson • DuVal West • Charles Albert Boynton • Robert Johnston McMillan • William Steele Sessions • Lucius Bunton • Hipolito Garcia • Ernest Guinn • Walter Keeling • Ben Rice • Jack Roberts (Texas) • Clyde Shannon • Adrian Spears • Dorwin Suttle • Robert Thomason • William Thornberry • John Wood (Texas) •
Walter Smith Jr. • Harry Hudspeth • William Steele Sessions • Lucius Bunton • James Nowlin • Ben Rice • Jack Roberts (Texas) • Adrian Spears •
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