United States District Court for the Middle District of North Carolina
Vacancy warning level
The United States District Court for the Middle District of North Carolina's vacancy warning level is currently set at Green. The court currently has no vacancies.
There are five court divisions, each covering the following counties:
The Middle District of North Carolina has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.
|Federal Court Case Load Statistics*|
|Year||Starting case load:||Cases filed:||Total cases:||Cases terminated:||Remaining cases:||Median time(Criminal)**:||Median time(Civil)**:||3 Year Civil cases#:||Vacant posts:##||Trials/Post|
|*All statistics are taken from the Official Federal Courts' Website and reflect the calendar year through September. **Time in months from filing to completion.|
#This statistic includes cases which have been appealed in higher courts. ##This is the total number of months that any judicial posts had spent vacant that year.
The Middle District of North Carolina has three courthouses. Offices are open Monday-Friday, 8 a.m. - 5 p.m., excluding holidays. The only office with clerk's staff is the L. Richardson Preyer Federal Courthouse at the Greensboro Division. The official Clerk of Court is John S. Brubaker and can be contacted at 336 332-6000. Please consult the chart below for courthouse locations:
|Greensboro Division||United States District Court
Middle District of North Carolina John S. Brubaker, Clerk of Court 324 West Market Street, Suite 401 Greensboro, NC 27401
|Winston-Salem Division||United States District Court
Middle District of North Carolina 251 N. Main St Winston-Salem, NC 27101
|Durham Division||United States District Court
323 East Chapel Hill Street Durham, NC 27702
The District of North Carolina was established by Congress on June 4, 1790, with one post to cover the entire state. On June 4, 1872, Congress divided the district into the Eastern District of North Carolina and the Western District of North Carolina with one post for each district. On March 2, 1927, Congress split the Middle District of North Carolina off from the existing districts. Over time congress added three posts to the Western District of North Carolina to reach the current total of four posts.
The following table highlights the development of judicial posts for the Western District of North Carolina:
|June 4, 1790||1 Stat. 126||1 (Whole state)|
|March 2, 1927||44 Stat. 1339||1|
|May 19, 1961||75 Stat. 80||2|
|October 20, 1978||92 Stat. 1629||3|
|December 1, 1990||104 Stat. 5089||4|
| • Ultrasound law struck down as unconstitutional (2014) Judge(s):Catherine Eagles|
*Stuart, et al v. Loomis, et al 1:11-cv-00804-CCE-LPA
|On January 17, 2014, Judge Catherine Eagles struck down a North Carolina law which required that doctors administer a "narrated ultrasound" to women seeking abortions, regardless of whether the patient had any objections to such a procedure. The underlying case was spurred by the North Carolina legislature's 2011 passage of the Women's Right to Know Act, a law which contained a "speech-and-display provision" that physicians must adhere to. Eagles issued a preliminary injunction against the law's enactment in 2011 after it was constitutionally challenged by the American Civil Liberties Union (ACLU), the ACLU of North Carolina, the Center for Reproductive Rights, and the Planned Parenthood Federation of America on behalf of physicians and healthcare providers in the state. In her most recent decision, Eagles issued a permanent injunction against North Carolina's enactment of the law, citing various First Amendment and free speech violations. Eagles noted in her decision that "[t]he Supreme Court has never held that a state has the power to compel a healthcare provider to speak, in his or her own voice, the state's ideological message in favor of carrying a pregnancy to term," and that to force doctors to recite state-compelled speech "to women who take steps not to hear it and to women who will be harmed by receiving it” is considered unconstitutional. North Carolina government officials may appeal the ruling to the United States Court of Appeals for the Fourth Circuit.|
| • Edwards alleged campaign violations (2012) Judge(s):Catherine Eagles|
|Judge Eagles presided over the trial of former presidential candidate and Senator John Edwards. He was accused of misusing funds from his 2008 presidential campaign to hide his mistress and child. A jury in North Carolina found Edwards not guilty on one charge of violating campaign finance law in May 2012. With the jury deadlocked on five other counts, Judge Eagles declared a mistrial and the U.S. Department of Justice eventually dropped its case against Edwards.|
There are three federal courthouses that serve the Middle District of North Carolina.
For new stories and other related material see North Carolina judicial news.
- United States District Court for the Middle District of North Carolina
- U.S. Attorney's Office for the Middle District of North Carolina
- Opinions of the Middle District of North Carolina
- Judges of the Middle District of North Carolina
- Offices of the United States Attorneys, Official list
- FJC History of the Districts of North Carolina
- News Observer, "Federal judge strikes down NC's ultrasound abortion law, citing free speech," January 17, 2014
- USA Today, "Judge: N.C. abortion ultrasound law illegal," January 18, 2014
- CNN, "Judge strikes down North Carolina ultrasound abortion law," January 19, 2014
- ABC News, "John Edwards Won't Be Retried on Campaign Finance Charges," June 13, 2012
- Fox News, "Judge: John Edwards has serious heart condition," January 13, 2012
|2.1 Active Judges|
|2.1.1 Article III judges|
|2.1.2 Pending appointments|
|2.1.3 Senior judges|
|2.2 Past judges|
|2.2.1 Former Chief judges|
|2.2.2 Former judges|
Article III judgesThe United States District Court for the Middle District of North Carolina has 4 posts. This is a list of the current judges on the court:
|Judge James Beaty||1949||Whitmire, SC||Clinton||10/11/1994 - Present||2006 - 10/31/2012||Richard Erwin||Western Carolina U., B.A., 1971||U. of North Carolina Law, J.D., 1974|
|Judge Thomas Schroeder||1959||Atlanta, GA||W. Bush||01/08/2008 - Present||Frank Bullock||Kansas U., B.S., 1981||Notre Dame Law , J.D., 1984|
|Chief Judge William Osteen||1960||Greensboro, NC||W. Bush||09/19/2007 - Present||11/1/2012-Present||William Osteen, Sr.||U. of North Carolina, B.S., 1983||U. of North Carolina Law, J.D., 1987|
|Judge Catherine Eagles||1958||Memphis, TN||Obama||12/16/2010 - Present||Norwood Tilley||Southwestern at Memphis (now Rhodes College), 1979||National Law Center, George Washington University, 1982|
There are no current pending appointments for the United States District Court for the Middle District of North Carolina.
Senior judgesSee: Federal judges on senior status
The United States District Court for the Middle District of North Carolina has 1 judge on senior status currently. This is a list of the current senior judges on the court:
|Senior Judge Norwood Tilley||Reagan||10/17/1988 - 12/15/2008||1999 - 2006||12/16/2008 - Present||Wake Forest, B.S., 1966||Wake Forest Law, J.D., 1969|
|Magistrate Judge L. Patrick Auld|
|Magistrate Judge Joi Elizabeth Peake||2/5/2012-Present||Furman University, 1994||UNC Chapel Hill, 1998|
|Magistrate Judge Joe L. Webster||2012-Present||Howard University, 1976||Howard University School of Law, 1979|
Former Chief judges
|Hiram Ward||1982 - 1988|
|Edwin Stanley||1961 - 1971|
|Eugene Gordon||1971 - 1982|
|Richard Erwin||1988 - 1992|
|Frank Bullock||1992 - 1999|
|Norwood Tilley||1999 - 2006|
In order to qualify for the office of Chief Judge in one of the federal courts, 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 in the office of Chief Judge 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. Unlike the Chief Justice of the United States, a Chief Judge returns to active service after the expiration of his or her term and does not create a vacancy on the bench by the fact of his or her promotion. See 28 U.S.C. § 45.
These rules for Chief Judges in the federal judiciary have been in effect since October 1, 1982. The office of Chief Judge was created in 1948. Until August 6, 1959, the position was filled in each federal court by 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. From then until 1982 it was filled by the senior such judge who had not turned 70.
|Magistrate judges||L. Patrick Auld • Joi Elizabeth Peake • Joe L. Webster •|
|Former Article III judges|
|Former Chief judges|