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[update] 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.
^Jointly appointed to the Northern and Southern Districts of California.
^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.
^Recess appointment; formally nominated on November 27, 1950, confirmed by the Senate on December 13, 1950, and received commission on December 21, 1950.
^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
Seat 1
Seat established on September 28, 1850 by 9 Stat. 521
^"U.S. District Courts for the Districts of California: Legislative History". Retrieved July 2, 2010.
^"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.
^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.
^"San Diego's Next U.S. Attorney". Voice of San Diego. December 29, 2008. Retrieved March 15, 2024.
^Braniff, William (1993). "Local Discretion, Prosecutorial Choices and the Sentencing Guidelines". Federal Sentencing Reporter. 5 (6): 309–313. doi:10.2307/20639602. ISSN 1053-9867.
^"Alan Bersin". LinkedIn. March 15, 2024. Retrieved March 15, 2024.
^"Alan Bersin". CINA. August 29, 2020. Retrieved March 16, 2024.
^FBA, San Diego (September 9, 2022). "Member Spotlight: Karen Hewitt". FBA San Diego. Retrieved March 16, 2024.
^Moran, Greg (January 5, 2009). "Panels will screen U.S. attorney applicants". San Diego Union Tribute. Retrieved March 15, 2024.
^Merken, Sara (November 7, 2023). "Ex-US attorney in Southern California to lead Manatt move into San Diego". Reuters. Retrieved March 15, 2023.
External links
United States District Court for the Southern District of California
United States Attorney for the Southern District of California