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United States District Court for the Western District of Texas

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United States District Court for the Western District of Texas
LocationSan Antonio, Texas
EstablishedFebruary 21, 1857

The United States District Court For the Western District Of Texas (in case citations, W.D. Tex.) is a federal district court. The court convenes in San Antonio with divisions in Austin, Del Rio, El Paso, Midland, Pecos, and Waco. It has jurisdiction in over 50 Trans-Pecos, Permian Basin, and Hill Country counties of the U.S. state of Texas. This district covers over 92,000 square miles (240,000 km2) and seven divisions.

History

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.[1] On February 21, 1857, the state was divided into two districts, Eastern and Western, with Judge Watrous continuing in the Eastern district.[2] 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.

Divisions

Appeals from cases brought in the Western 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 divisions of the Western District of Texas are:

Judge Orlando Luis Garcia is the Chief Judge of the Western District of Texas District Court.

The United States Attorney's Office for the Western District of Texas represents the United States in civil and criminal litigation in the court. The office is currently occupied by Richard Durbin who became U.S. Attorney after Robert L. Pitman, the former United States Attorney resigned to take his seat on the federal bench after receiving his judicial commission on December 19, 2014.[3] Pitman previously served as the interim United States Attorney for the district in 2001, before becoming chief deputy to Johnny Sutton.[4]

Current judges

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
29 Chief Judge Orlando Luis Garcia San Antonio 1952 1994–present 2016–present — Clinton
24 District Judge Walter Scott Smith, Jr. inactive[Note 1][5] 1940 1984–present 2003–2010 — Reagan
26 District Judge Sam Sparks Austin 1939 1991–present — — G.H.W. Bush
27 District Judge Samuel Frederick Biery Jr. San Antonio 1947 1994–present 2010–2015 — Clinton
31 District Judge Philip Ray Martinez El Paso 1957 2002–present — — G.W. Bush
32 District Judge Alia Moses Del Rio 1962 2002–present — — G.W. Bush
34 District Judge Kathleen Cardone El Paso 1953 2003–present — — G.W. Bush
35 District Judge Earl Leroy Yeakel III Austin 1945 2003–present — — G.W. Bush
36 District Judge Frank Montalvo El Paso 1956 2003–present — — G.W. Bush
37 District Judge Xavier Rodriguez San Antonio 1961 2003–present — — G.W. Bush
38 District Judge David Campos Guaderrama El Paso 1954 2012–present — — Obama
39 District Judge Robert L. Pitman San Antonio/Austin 1962 2014–present — — Obama
40 District Judge vacant — — — — — —
22 Senior Judge James Robertson Nowlin Austin 1937 1981–2003 1999–2003 2003–present Reagan
30 Senior Judge David Briones El Paso 1943 1994–2009 — 2009–present Clinton
33 Senior Judge Robert A. Junell Midland 1947 2003–2015 — 2015–present G.W. Bush
  1. ^ Suspended for one year from December 3, 2015.

Vacancies and pending nominations

Seat Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination
6 Robert A. Junell Senior Status February 13, 2015 Walter David Counts III March 16, 2016

Former judges

# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 Thomas Howard DuVal TX 1813–1880 1857–1880 — — Pierce death
2 Ezekiel B. Turner TX 1825–1888 1880–1888[Note 1] — — Hayes death
3 Thomas Sheldon Maxey TX 1846–1921 1888–1916 — — Cleveland retirement
4 DuVal West TX 1861–1949 1916–1931 — 1931–1949 Wilson death
5 William Robert Smith TX 1863–1924 1917–1924 — — Wilson death
6 Charles Albert Boynton TX 1867–1954 1924–1947 — 1947–1954 Coolidge death
7 Robert Johnston McMillan TX 1885–1941 1932–1941 — — Hoover death
8 Walter Angus Keeling TX 1873–1945 1942–1945 — — F. Roosevelt death
9 Ben Herbert Rice, Jr. TX 1889–1964 1945–1964 1948–1962 — Truman death
10 R. Ewing Thomason TX 1879–1973 1947–1963 — 1963–1973 Truman death
11 Adrian Anthony Spears TX 1910–1991 1961–1979[Note 2] 1962–1979 1979–1982 Kennedy retirement
12 Homer Thornberry TX 1909–1995 1963–1965 — — Kennedy reappointment
13 Dorwin Wallace Suttle TX 1906–2001 1964–1979 — 1979–2001 L. Johnson death
14 Jack Roberts TX 1910–1988 1966–1980 1979–1980 1980–1988 L. Johnson death
15 Ernest Allen Guinn TX 1905–1974 1966–1974 — — L. Johnson death
16 John H. Wood, Jr. TX 1916–1979 1970–1979 — — Nixon death
17 William S. Sessions TX 1930–present 1974–1987 1980–1987 — Ford resignation
18 Lucius Desha Bunton III TX 1924–2001 1979–1992 1987–1992 1992–2001 Carter death
19 Harry Lee Hudspeth TX 1935–present 1979–2001 1992–1999 2001–2016 Carter retirement
20 Clyde Frederick Shannon Jr. TX 1942–present 1980–1984 — — Carter resignation
21 Hipolito Frank Garcia TX 1925–2002 1980–2002 — — Carter death
23 Edward C. Prado TX 1947–present 1984–2003 — — Reagan reappointment
25 Emilio M. Garza TX 1947–present 1988–1991 — — Reagan reappointment
28 William Royal Furgeson, Jr. TX 1941–present 1994–2008 — 2008–2013 Clinton retirement
  1. ^ Recess appointment; formally nominated on December 14, 1880, confirmed by the United States Senate on December 20, 1880, and received commission on December 20, 1880.
  2. ^ 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.

Succession of seats

See also

Notes

  1. ^ U.S. Department of Justice: 2002 Centennial Report, pgs. 1, 10
  2. ^ Southern District of Texas: History of the District
  3. ^ Johnson, Chris (17 December 2014). "Gay attorney confirmed to federal judiciary in Texas". Washington Blade. Retrieved 22 December 2014.
  4. ^ Kreytak, Steven (December 1, 2003). "Behind the bench, a man to be counted on: New judge won praise for fairness, kindness in 13 years as U.S. prosecutor". Austin American-Statesman. Retrieved September 29, 2011.
  5. ^ "Waco federal judge reprimanded for sexual misconduct, stripped of new cases for a year" Waco Tribune, December 11, 2015
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