United States District Court for the Southern District of Texas

United States District Court for the Southern District of Texas
(S.D. Tex.)
Location: Houston, Texas
Appeals to: Fifth Circuit
Established: March 11, 1902
Judges assigned: 19
Chief Judge: Lee H. Rosenthal
http://www.txs.uscourts.gov/

The United States District Court for the Southern District of Texas (in case citations, S.D. Tex.) is the Federal district court with jurisdiction over the southern part of Texas. The court's headquarters is in Houston, Texas and has six additional offices in the district.

Appeals from cases brought in the Southern District of Texas are taken to the United States Court of Appeals for the Fifth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).

The current United States Attorney is Kenneth Magidson.[1] On February 12, 2014 Gary Blankinship[2] was confirmed to be the United States Marshal.

History

The oldest federal civil building in Texas, the 1861 Customs and Courthouse in Galveston, once housed the Southern District of Texas.
Federal Courthouse in Galveston that housed the court & its predecessor, from 1891–1917[3]

Since its foundation, the Southern District of Texas has been served by forty-one District Judges and six Clerks of Court. The first federal judge in Texas was John C. Watrous, who was appointed on May 26, 1846, and had previously served as Attorney General of the Republic of Texas. He was assigned to hold court in Galveston, at the time, the largest city in the state. As seat of the Texas Judicial District, the Galveston court had jurisdiction over the whole state.[4] On February 21, 1857, the state was divided into two districts, Eastern and Western, with Judge Watrous continuing in the Eastern district.[5] Judge Watrous and Judge Thomas H. DuVal, of the Western District of Texas, left the state on the secession of Texas from the Union, the only two United States Judges not to resign their posts in states that seceded. When Texas was restored to the Union, Watrous and DuVal resumed their duties and served until 1870. Judge Amos Morrill served in the Eastern District of Texas from 1872 to 1884. He was succeeded by Chauncy B. Sabin (1884 to 1890) and David E. Bryant (1890 to 1902). In 1902, when the Southern District was created by Act of Congress, Judge Bryant continued to serve in the Eastern District of Texas.

In 1917 the General Services Administration added courtrooms and judicial offices to the second floor of the 1861 U.S. Customs House in Galveston, and it became the new federal courthouse for the Southern District of Texas. This location would later become the seat of the Galveston Division, after congress added a second judgeship in the 1930s.[5][6][7]

The Southern District of Texas started with one judge, Waller T. Burns, and a Clerk of Court, Christopher Dart, seated in Galveston. Since that time, the court has grown to nineteen district judgeships, six bankruptcy judgeships, fourteen magistrate judgeships, and over 200 deputy clerks.

Galveston Division

The U.S. federal building in Galveston, current home of the Galveston Division.

In 2007 criminal charges were filed against Judge Samuel B. Kent, the only District judge in the Galveston Division, who sat at the Federal Courthouse in Galveston, the oldest federal judgeship in the state.[8] Due to the litigation, Chief Judge Hayden Head transferred Kent and his staff to the Houston Division.[8][9] Judge Kent subsequently pleaded guilty, in February 2009, to obstruction of justice and, after being impeached by the House of Representatives, resigned in June 2009.[10] The next month, it was announced that Judge Kent's post would remain vacant for the time being, and a replacement judge would be assigned to McAllen, due to the increase in cases in the Texas border area concerning subjects such as drugs and immigration.[11]

Laredo Division

The U.S. Courthouse is the current home of the Laredo Division.

Laredo, Texas, is located on the northern bank of the Rio Grande River and is unique in its ability to operate international bridges between two Mexican states. The city presently maintains four border crossings and one rail bridge with the Mexican State of Tamaulipas at Nuevo Laredo and the Mexican State of Nuevo León at Colombia. Webb County also borders the State of Nuevo Leon and the State of Coahuila, Mexico, northwest of Laredo. Laredo is the largest inland port along the U.S.-Mexico border and the Pan American Highway leading into Mexico through Laredo stretches from Canada and continues into Central and South America. Because of its location and accessibility to Mexico, Laredo’s economy is primarily based on international trade with Mexico. According to the Laredo Development Foundation, more than 700 of the Fortune 1,000 companies do international busines/s via Laredo and more than 9,000 trucks cross through town per day along with 1,800 loaded rail cars. Laredo is ranked first in growth in Texas and seventh in the country by the Milken Institute.[12]

The division encompasses five counties with the federal courthouse located in Laredo, Texas. There are three Laredo district court judges - Judge George P. Kazen, who has taken Senior Status but continues to carry a full docket, and Judges Diana Saldaña and Marina Garcia Marmolejo, who presided over more than 2,000 felony cases in 2013 - most of which involved charges of narcotics trafficking and alien smuggling. In addition, there are three federal magistrates who alternate duties every two weeks. Additionally, the federal grand jury convenes every other week where AUSAs rotate the responsibility of presenting felony cases.[12]

If Laredo was its own district, it would rank ahead of 88 of the 94 Districts within the United States.[12]

Jurisdiction

Bob Casey Federal Courthouse in Downtown Houston

The jurisdiction of the Southern District of Texas is divided as follows:

Current judges

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
34 Chief Judge Lee H. Rosenthal Houston 1952 1992–present 2016–present — G.H.W. Bush
25 District Judge Ricardo Hinojosa McAllen 1950 1983–present 2009–2016 — Reagan
26 District Judge Lynn Nettleton Hughes Houston 1941 1985–present — — Reagan
29 District Judge Sim Lake Houston 1944 1988–present — — Reagan
30 District Judge Melinda Harmon Houston 1946 1989–present — — G.H.W. Bush
36 District Judge Vanessa Gilmore Houston 1956 1994–present — — Clinton
39 District Judge Keith P. Ellison Houston 1950 1999–present — — Clinton
40 District Judge Randy Crane McAllen 1965 2002–present — — G.W. Bush
41 District Judge Andrew S. Hanen Brownsville 1953 2002–present — — G.W. Bush
42 District Judge Micaela Alvarez McAllen 1958 2004–present — — G.W. Bush
43 District Judge Gray Hampton Miller Houston 1948 2006–present — — G.W. Bush
44 District Judge Diana Saldaña Laredo 1971 2011–present — — Obama
45 District Judge Nelva Gonzales Ramos Corpus Christi 1965 2011–present — — Obama
46 District Judge Marina Marmolejo Laredo 1971 2011–present — — Obama
48 District Judge Alfred H. Bennett Houston/Galveston 1965 2015–present — — Obama
49 District Judge George C. Hanks, Jr. Galveston/Victoria 1964 2015–present — — Obama
50 District Judge Jose Rolando Olvera, Jr. Brownsville 1963 2015–present — — Obama
51 District Judge vacant — — — — — —
52 District Judge vacant — — — — — —
12 Senior Judge Carl Olaf Bue Jr. inactive 1922 1970–1987 — 1987–present Nixon
20 Senior Judge George P. Kazen Laredo 1940 1979–2009 1996–2003 2009–present Carter
24 Senior Judge Hayden Wilson Head, Jr. Corpus Christi 1944 1981–2009 2003–2009 2009–present Reagan
27 Senior Judge David Hittner Houston 1939 1986–2004 — 2004–present Reagan
28 Senior Judge Kenneth M. Hoyt Houston/Galveston 1948 1988–2013 — 2013–present Reagan
31 Senior Judge John David Rainey Victoria 1945 1990–2010 — 2010–present G.H.W. Bush
33 Senior Judge Ewing Werlein, Jr. Houston 1936 1992–2006 — 2006–present G.H.W. Bush
35 Senior Judge Janis Graham Jack Corpus Christi 1946 1994–2011 — 2011–present Clinton
37 Senior Judge Nancy Friedman Atlas Houston 1949 1995–2014 — 2014–present Clinton
38 Senior Judge Hilda G. Tagle Brownsville 1946 1998–2012 — 2012–present Clinton

Vacancies and pending nominations

Seat Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination
16 Janis Graham Jack senior status June 1, 2011 — —
13 Gregg Costa Elevation to Fifth Circuit May 20, 2014 — —

Former judges

# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 Burns, Waller ThomasWaller Thomas Burns TX 1858–1917 1902–1917 — — Roosevelt, T.T. Roosevelt death
2 Hutcheson, Jr., Joseph ChappellJoseph Chappell Hutcheson, Jr. TX 1879–1973 1918–1931 — — Wilson, Wilson reappointment
3 Kennerly, Thomas MartinThomas Martin Kennerly TX 1874–1962 1931–1954 — 1954–1962 Hoover, Hoover death
4 Allred, JamesJames Allred TX 1899–1959 1939–1942
1949–1959		 — — Roosevelt, F.F. Roosevelt
Truman, Truman		 resignation
death
5 Hannay, Allen BurroughsAllen Burroughs Hannay TX 1892–1983 1942–1975 1954–1962 1975–1983 Roosevelt, F.F. Roosevelt death
6 Connally, Ben ClarksonBen Clarkson Connally TX 1909–1975 1949–1974 1962–1974 1974–1975 Truman, Truman death
7 Ingraham, Joe McDonaldJoe McDonald Ingraham TX 1903–1990 1954–1969 — — Eisenhower, Eisenhower reappointment
8 Garza, Reynaldo GuerraReynaldo Guerra Garza TX 1915–2004 1961–1979 1974–1979 — Kennedy, Kennedy reappointment
9 Noel, Jr., James LataneJames Latane Noel, Jr. TX 1909–1997 1961–1976[Note 1] — 1976–1997 Kennedy, Kennedy death
10 Singleton, Jr., John VirgilJohn Virgil Singleton, Jr. TX 1918–2015 1966–1988 1979–1988 1988–1992 Johnson, L.L. Johnson retirement
11 Seals, Woodrow BradleyWoodrow Bradley Seals TX 1917–1990 1966–1982 — 1982–1990 Johnson, L.L. Johnson death
13 Cox, Owen DeVolOwen DeVol Cox TX 1910–1990 1970–1981 — 1981–1990 Nixon, Nixon death
14 O'Conor, Jr., Robert J.Robert J. O'Conor, Jr. TX 1934–present 1975–1984 — — Ford, Ford resignation
15 Sterling, Ross N.Ross N. Sterling TX 1931–1988 1976–1988 — — Ford, Ford death
16 Cowan, Finis E.Finis E. Cowan TX 1929–present 1977–1979 — — Carter, Carter resignation
17 Cire, George EdwardGeorge Edward Cire TX 1922–1985 1979–1985 — — Carter, Carter death
18 DeAnda, JamesJames DeAnda TX 1925–2006 1979–1992 1988–1992 — Carter, Carter retirement
19 Black, Norman WilliamNorman William Black TX 1931–1997 1979–1996 1992–1996 1996–1997 Carter, Carter death
21 McDonald, Gabrielle KirkGabrielle Kirk McDonald TX 1942–present 1979–1988 — — Carter, Carter resignation
22 Gibson, HughHugh Gibson TX 1918–1998 1979–1989 — 1989–1998 Carter, Carter death
23 Vela, Filemon BartolomeFilemon Bartolome Vela TX 1935–2004 1980–2000 — 2000–2004 Carter, Carter death
32 Kent, Samuel B.Samuel B. Kent TX 1949–present 1990–2009 — — Bush, G.H.W.G.H.W. Bush resignation[Note 2]
47 Costa, GreggGregg Costa TX 1972–present 2012–2014 — — Obama reappointment
  1. ↑ Recess appointment; formally nominated on January 15, 1962, confirmed by the United States Senate on March 16, 1962, and received commission on March 17, 1962.
  2. ↑ Resigned June 30, 2009 after being impeached.

Succession of seats

Seat 1
Seat established on March 11, 1902 by 32 Stat. 64
Burns 1902–1917
Hutcheson, Jr. 1918–1931
Kennerly 1931–1954
Ingraham 1954–1969
Bue, Jr. 1970–1987
Hoyt 1988–2013
Bennett 2015–present
Seat 2
Seat established on May 31, 1938 by 52 Stat. 584
Allred 1939–1942
Hannay 1942–1975
Sterling 1976–1988
Lake III 1988–present
Seat 3
Seat established on August 3, 1949 by 63 Stat. 493
Allred 1949–1959
Garza 1961–1979
Vela 1980–2000
Hanen 2002–present
Seat 4
Seat established on August 3, 1949 by 63 Stat. 493 (temporary)
Seat made permanent on February 10, 1954 by 68 Stat. 8
Connally 1949–1974
O'Conor, Jr. 1975–1984
Hughes 1985–present

Seat 5
Seat established on May 19, 1961 by 75 Stat. 80
Noel, Jr. 1962–1976
Cowan 1977–1979
Gibson 1979–1989
Kent 1990–2009
Marmolejo 2011–present
Seat 6
Seat established on March 18, 1966 by 80 Stat. 75
Singleton, Jr. 1966–1988
Harmon 1989–present
Seat 7
Seat established on March 18, 1966 by 80 Stat. 75
Seals 1966–1982
Hinojosa 1983–present
Seat 8
Seat established on June 2, 1970 by 84 Stat. 294
Cox 1970–1981
Head, Jr. 1981–2009
Ramos 2011–present

Seat 9
Seat established on October 20, 1978 by 92 Stat. 1629
Cire 1979–1985
Hittner 1986–2004
Alvarez 2004–present
Seat 10
Seat established on October 20, 1978 by 92 Stat. 1629
DeAnda 1979–1992
Atlas 1995–2014
Hanks, Jr. 2015–present
Seat 11
Seat established on October 20, 1978 by 92 Stat. 1629
Black 1979–1996
Ellison 1999–present
Seat 12
Seat established on October 20, 1978 by 92 Stat. 1629
Kazen 1979–2009
Saldana 2011–present

Seat 13
Seat established on October 20, 1978 by 92 Stat. 1629
McDonald 1979–1988
Rainey 1990–2010
Costa 2012–2014
vacant 2014–present
Seat 14
Seat established on December 1, 1990 by 104 Stat. 5089
Werlein, Jr. 1992–2006
Miller 2006–present
Seat 15
Seat established on December 1, 1990 by 104 Stat. 5089
Rosenthal 1992–present
Seat 16
Seat established on December 1, 1990 by 104 Stat. 5089
Jack 1994–2011
vacant 2011–present

Seat 17
Seat established on December 1, 1990 by 104 Stat. 5089
Gilmore 1994–present
Seat 18
Seat established on December 1, 1990 by 104 Stat. 5089
Tagle 1998–2012
Olvera, Jr. 2015–present
Seat 19
Seat established on December 21, 2000 by 114 Stat. 2762
Crane 2002–present

See also

Notes

  1. ↑ "Office of the United States Attorneys". Executive Office for United States Attorneys. United States Department of Justice. Retrieved 10 October 2016.
  2. ↑ "Gary L. Blankinship to be United States Marshal, Southern District of Texas". Executive Office for U.S. Marhshals Service. United States Department of Justice. Retrieved 10 October 2016.
  3. ↑ National Park Service Archaeological Field Inspection
  4. ↑ U.S. Department of Justice: 2002 Centennial Report, pgs. 1, 10
  5. 1 2 Southern District of Texas: History of the District
  6. ↑ General Services Administration: U.S. Custom House, Galveston, Texas
  7. ↑ Galveston Historical Foundation: More About the Custom House
  8. 1 2 Paschenko, Chris (2012-04-27). "Senate confirms Costa for isle federal judgeship". Galveston County Daily News. Retrieved 2012-04-27.
  9. ↑ http://www.txs.uscourts.gov/district/genord/2007/2007-17.pdf Southern District of Texas General Order 2007–17
  10. ↑ Flood, Marry (2009-02-23). "Judge Kent accepts plea deal and retires from bench". Retrieved 2009-02-23.
  11. ↑ Rice, Harvey (2009-07-09). "Kent's judgeship in Galveston moving to McAllen". Houston Chronicle. Retrieved 2009-07-22. The Galveston federal courthouse where disgraced former U.S. District Judge Samuel Kent presided for 18 years will remain vacant and his replacement moved to McAllen, the chief judge of the Southern District said Thursday. [...] The decision to move the post from Galveston to McAllen was made because few cases are heard in Galveston while immigration and drug cases are swamping judges in courts near the border, Chief Judge Hayden Head said.(Archived by WebCite at http://www.webcitation.org/5iS6Y7PYp)
  12. 1 2 3 "Laredo". United States Department of Justice. Retrieved 11 October 2016.  This article incorporates text from this source, which is in the public domain.

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