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
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As of May 1, 2024:
- ^ By virtue of his seniority of age, Judge Schopler holds seniority over Judge Simmons despite their identical commission dates.
Vacancies and pending nominations
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- ^ 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 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.
Seat 1
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Seat established on September 28, 1850 by 9 Stat. 521
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J. Jones |
1850–1851
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Seat abolished on August 31, 1852 by 10 Stat. 76, 84
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Seat reestablished on January 18, 1854 by 10 Stat. 265
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Ogier |
1854–1861
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Haight |
1861–1866
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Seat abolished on July 27, 1866 by 14 Stat. 300
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Seat reestablished on August 5, 1886 by 24 Stat. 308
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Ross |
1887–1895
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Wellborn |
1895–1915
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Trippet |
1915–1923
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McCormick |
1924–1951
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Tolin |
1952–1961
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Crary |
1962–1966
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Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75
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Seat 2
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Seat assigned on August 31, 1852 by 10 Stat. 76, 84 (concurrent with Northern District)
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Hoffman, Jr. |
1852–1854
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Seat reassigned solely to Northern District on January 18, 1854 by 10 Stat. 265
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Seat 3
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Seat established on July 30, 1914 by 38 Stat. 580
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Bledsoe |
1914–1925
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Henning |
1925–1929
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Cosgrave |
1930–1940
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Hall |
1942–1966
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Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75
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Seat 4
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Seat established on September 14, 1922 by 42 Stat. 837 (temporary)
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Seat made permanent on August 19, 1935 by 49 Stat. 659
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James |
1923–1940
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O'Connor |
1940–1949
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Byrne, Sr. |
1950–1966
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Hauk |
1966
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Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75
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Seat 6
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Seat established on August 2, 1935 by 49 Stat. 508
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A.L. Stephens, Sr. |
1935–1937
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Jenney |
1937–1945
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Mathes |
1945–1965
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Hill |
1965–1966
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Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75
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Seat 7
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Seat established on August 2, 1935 by 49 Stat. 508
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Yankwich |
1935–1964
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F. Whelan |
1964–1966
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Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75
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Seat 8
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Seat established on May 31, 1938 by 52 Stat. 584, 585
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Beaumont |
1939–1954
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Jertberg |
1955–1958
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Crocker |
1959–1966
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Seat reassigned to Eastern District on September 18, 1966 by 80 Stat. 75
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Seat 9
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Seat established on May 24, 1940 by 54 Stat. 219, 220
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Harrison |
1940–1960
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A.L. Stephens, Jr. |
1961–1966
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Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75
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Seat 10
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Seat established on August 3, 1949 by 63 Stat. 493
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Westover |
1949–1965
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Gray |
1966
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Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75
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Seat 12
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Seat established on February 10, 1954 by 68 Stat. 8
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Clarke |
1955–1966
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Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75
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Seat 13
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Seat established on May 19, 1961 by 75 Stat. 80
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Carr |
1962–1966
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Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75
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Seat 14
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Seat established on May 19, 1961 by 75 Stat. 80
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Curtis, Jr. |
1962–1966
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Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75
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Seat 18
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Seat established on October 20, 1978 by 92 Stat. 1629
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Keep |
1980–2004
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Sammartino |
2007–present
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Seat 20
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Seat established on December 1, 1990 by 104 Stat. 5089
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Moskowitz |
1995–2019
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Ohta |
2021–present
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Seat 21
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Seat established on November 2, 2002 by 116 Stat. 1758
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Burns |
2003–2021
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Schopler |
2023–present
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Seat 22
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Seat established on November 2, 2002 by 116 Stat. 1758
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Sabraw |
2003–present
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Seat 23
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Seat established on November 2, 2002 by 116 Stat. 1758
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Hayes |
2003–2021
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vacant |
2021–present
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Seat 24
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Seat established on November 2, 2002 by 116 Stat. 1758
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Houston |
2003–2018
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Montenegro |
2022–present
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Seat 25
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Seat established on November 2, 2002 by 116 Stat. 1758
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Benitez |
2004–2017
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Lopez |
2021–present
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List of U.S. attorneys
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The U.S. Attorney is the chief law-enforcement officer for the district.[4][5]
- ^ "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.
- ^ 28 U.S.C. § 84
- ^ 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. JSTOR 20639602.
- ^ "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.