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United States District Court for the Western District of Texas

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Western District of Texas
Fifth Circuit
TX-WD.gif
Chief:Samuel BieryJudges:12
Posts:13Vacancies:1
Active judges
CardoneGarciaGuaderramaJunellMosesMartinezMontalvoRodriguezSmithSparksYeakel
Senior Judges
BrionesHudspethNowlinEzra
Magistrate Judges
AustinGarciaGarneyGoainsCastanedaCountsBertonMesaManskeMathyPrimomoWhite
Former Judges
Key:
(Numbers indicate % of seats vacant.)
0%0%-10%
10%-25%25%-40%
More than 40%
Contents
1 Court
1.1 Vacancy warning level
1.2 Jurisdiction
1.2.1 Cases heard
1.2.2 Case load
1.3 Clerk's office
1.4 History
1.4.1 Court history
1.4.2 Judicial posts
1.4.3 Notable decisions
1.4.4 Federal courthouse
1.5 Major news
1.6 See also
1.7 External links
1.8 References
2 Judges

The United States District Court For the Western District Of Texas (W.D. Tex.) is the United States district court whose jurisdiction consists of the counties in the western part of the state of Texas. This district covers over 92,000 square miles and seven divisions.

The court's divisions are:

The United States Attorney for the Western District of Texas represents the United States in civil and criminal litigation in the court. The current district attorney is Robert L. Pitman .[1]

When decisions of the court are appealed, they are appealed to the Fifth Circuit Court of Appeals based in Downtown New Orleans at the John Minor Wisdom Federal Courthouse.

Vacancy warning level

The United States District Court for the Western District of Texas's vacancy warning level is currently set at blue. The court currently has one vacancy out of its 13 posts, constituting 7.7% of its seats. There are no pending appointments for the district.

Jurisdiction

The Counties of the Western District of Texas (click for larger map)

The jurisdiction of the Western District of Texas consists of all the counties in the western part of the state of Texas. This district covers over 92,000 square miles and seven divisions.

There are seven court divisions, each covering the following counties:

The Austin Division, covering Bastrop, Blanco, Burleson, Burnet, Caldwell, Gillespie, Hays, Kimble, Lampasas, Lee, Llano, Mason, McCulloch, San Saba, Travis, Washington, and Williamson Counties;

The Del Rio Division, covering Edwards, Kinney, Maverick, Terrell, Uvalde, Val Verde, and Zavala Counties;

The El Paso Division, covering El Paso and Hudspeth Counties;

The Midland Division, covering Andrews, Crane, Ector, Martin, Midland, and Upton Counties;

The Pecos Division, covering Brewster, Culberson, Jeff Davis, Loving, Pecos, Presidio, Reeves, Ward, and Winkler Counties;

The San Antonio Division, covering Atascosa, Bandera, Bexar, Comal, Dimmit, Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, Real, and Wilson Counties; and

The Waco Division, covering Bell, Bosque, Coryell, Falls, Freestone, Hamilton, Hill, Leon, Limestone, McLennan, Milam, Robertson, and Somervell Counties.

When decisions of the court are appealed, they are appealed to the Fifth Circuit Court of Appeals based in Downtown New Orleans at the John Minor Wisdom Federal Courthouse.

Cases heard

The Western District of Texas has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.

Case load

Federal Court Case Load Statistics*
YearStarting case load:Cases filed:Total cases:Cases terminated:Remaining cases:Median time(Criminal)**:Median time(Civil)**:3 Year Civil cases#:Vacant posts:## Trials/Post
2012 7471135722104313977 70664.96.855 (2.2%)18.828
2011 7105132462035112695 76564.76.854 (2.3%)2445
2010 6632134452007712826 72514.48.754 (2.4%)2442
2009 6398126201901812241 67774.48.342 (1.8%)1728
2008 6019118741789311446 64474.98.339 (1.6%)027
20074911106471555810227533157.554 (2.3%)028
*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.
TXW Terminations Filed.jpg TXW Median Times.jpg

Clerk's office

The Western District of Texas has seven separate courthouses. The Clerk's office is open Monday through Friday, excluding Federal holidays. Please consult the chart below for more information:

Branch Address Phone number Hours
Austin Division U.S. District Clerk's Office

200 West 8th St., Room 130
Austin, Texas 78701

(512) 916-5896 8:00 a.m. - 5:00 p.m.
Del Rio Division U.S. District Clerk's Office

111 East Broadway, Room L100
Del Rio, Texas 78840

(830) 703-2054 8:00 a.m. - 12:00 p.m.

1:00 p.m. - 5:00 p.m.

El Paso Division U.S. District Clerk's Office

525 Magoffin Avenue, Suite 105
El Paso, Texas 79901

(915) 534-6725 8:00 a.m. - 5:00 p.m.
Midland-Odessa Division U.S. District Clerk's Office

200 East Wall, Room 222
Midland, Texas 79701

(432) 686-4001 8:00 a.m. - 5:00 p.m.
Pecos Division U.S. District Clerk's Office

410 South Cedar
Pecos, Texas 79772

(432) 445-4228 8:00 a.m. - 12:00 p.m.

1:00 p.m. - 5:00 p.m.

San Antonio Division U.S. District Clerk's Office

655 E. Cesar E. Chavez Blvd., Room G65
San Antonio, Texas 78206

(210) 472-6550 8:00 a.m. - 5:00 p.m.
Waco Division U.S. District Clerk's Office

800 Franklin Ave., Room 380
Waco, Texas 76701

(254) 750-1501 8:00 a.m. - 5:00 p.m.
[2]

History

Court history

On December 29, 1845, the state of Texas was organized as one judicial district. One judgeship was authorized for this U.S. district court, and being that it was not assigned to a judicial circuit, the district court was granted the same jurisdiction as the United States circuit courts, excluding appeals and writs of error, which are the jurisdiction of the Supreme Court.

Texas was divided into two judicial districts, known as the Eastern District of Texas and the Western District of Texas, on February 21, 1857. One judgeship was authorized for the court in each district. Circuit court jurisdiction of the district court in Texas was repealed on July 15, 1862, and a U.S. circuit court was established for the district and assigned over to the United States Court of Appeals for the Sixth Circuit. Texas was then assigned to the United States Court of Appeals for the Fifth Circuit on July 23, 1866.

The Northern District of Texas was established on February 24, 1879, with one judgeship authorized to the district court. On February 9, 1898, a temporary judgeship was authorized to the Northern District. However, the statute provided that any vacancy in the existing judgeship would not be filled.

A few years later, on March 11, 1902, the Southern District of Texas was established and one judgeship was authorized to this district court.

The Western District of Texas had 12 judicial posts added over time for a total of 13 current posts.[3]

Judicial posts

The following table highlights the development of judicial posts for the Western District of Texas:

Year Statute Total Seats
December 29, 1845 9 Stat. 1 1
February 21, 1857 11 Stat. 164 1
February 26, 1917 39 Stat. 938 2
May 19, 1961 75 Stat. 80 3
March 18, 1966 80 Stat. 75 4
June 2, 1970 84 Stat. 294 5
October 20, 1978 92 Stat. 1629 6
July 10, 1984 98 Stat. 333 7
December 1, 1990 104 Stat. 5089 10
December 21, 2000 114 Stat. 2762 11
November 2, 2002 116 Stat. 1758 13
[3]

Notable cases

For a searchable list of opinions, please see Justia.com-Dockets and Filings-Western District of Texas.




Federal courthouses

Six separate courthouses serve the Western District of Texas.

Hipolito F. Garcia Federal Building and U.S. Courthouse

Hipolito F. Garcia Federal Building and U.S. Courthouse

This courthouse is located in San Antonio, Texas, next to the Alamo. As such, since its creation it has signified a federal presence in the city. The building officially opened in 1937 and was constructed as part of the Federal Public Works programs following the Great Depression. In 2000, the courthouse was listed on the National Register of Historic Places.[11]

Austin's United States Courthouse

United States Courthouse in Austin

This courthouse in Austin, Texas, was completed in 2013. The structure encompasses a full city block next to Republic Square Park. To read more about the architecture of the courthouse, see: Texas Architect, "Irreconcilable Differences Resolved," May/June 2013 Issue.[12]

Major news

For new stories and other related material see Texas judicial news.

See also

External links

References

Western District of Texas
Fifth Circuit
TX-WD.gif
Chief:Samuel BieryJudges:12
Posts:13Vacancies:1
Active judges
CardoneGarciaGuaderramaJunellMosesMartinezMontalvoRodriguezSmithSparksYeakel
Senior Judges
BrionesHudspethNowlinEzra
Magistrate Judges
AustinGarciaGarneyGoainsCastanedaCountsBertonMesaManskeMathyPrimomoWhite
Former Judges
Key:
(Numbers indicate % of seats vacant.)
0%0%-10%
10%-25%25%-40%
More than 40%
Contents
1 Court
2 Judges
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

Active judges

Article III judges

JudgeBornHomeAppointed byActiveChiefPreceededBachelorsLaw
Judge Walter Smith, Jr.1940Marlin, TXReagan 10/4/1984 - Present2003 - 2010New Seat|98 Stat. 333Baylor U., B.A., 1964Baylor U. School of Law, J.D., 1966
Chief Judge Samuel Biery1947McAllen, TXClinton 03/11/1994 - Present2010 - PresentNew Seat|104 Stat. 5089Texas Lutheran College, B.A., 1970Southern Methodist U. Law, J.D., 1973
Judge Sam Sparks1939Austin, TXH.W. Bush 11/25/1991 - PresentNew Seat|104 Stat. 5089U. of Texas, B.A., 1961U. of Texas Law, LL.B., 1963
Judge Earl Yeakel1945Oklahoma City, OKW. Bush 07/29/2003 - PresentJames NowlinU. of Texas, B.A., 1966U. of Texas Law, J.D., 1969
Judge Xavier Rodriguez1961San Antonio, TXW. Bush 08/01/2003 - PresentEdward PradoHarvard, B.A., 1983U. of Texas Law, J.D., 1987
Judge Kathleen Cardone1953Medina, NYW. Bush 07/29/2003 - PresentNew Seat|116 Stat. 1758Binghamton SUNY, B.A., 1976St. Mary's Law, J.D., 1979
Judge Philip Martinez1957El Paso, TXW. Bush 02/12/2002 - PresentNew Seat|114 Stat. 2762U. of Texas at El Paso, B.A., 1979Harvard Law, J.D., 1982
Judge Frank Montalvo1956Bayamon, PRW. Bush 08/01/2003 - PresentNew Seat|116 Stat. 1758U. of Puerto Rico, B.S., 1976Wayne State U. Law, J.D., 1985
Judge Robert Junell1947El Paso, TXW. Bush 02/12/2003 - PresentHipolito GarciaTexas Tech U., B.S., 1969Texas Tech U. Law, J.D., 1976
Judge Orlando Garcia1952Jim Wells County, TXClinton 03/11/1994 - PresentEmilio GarzaU. of Texas, Austin, B.A., 1975U. of Texas Law, J.D., 1978
Judge Alia Moses1962Eagle Pass, TXW. Bush 11/15/2002 - PresentHarry HudspethTexas Woman's U., B.B.A., 1983U. of Texas Law, J.D., 1986
Judge David Guaderrama1954Las Cruces, NMObama 4/26/2012 - PresentDavid BrionesNew Mexico State U., B.A., 1975Notre Dame Law, J.D., 1979


Pending appointments

There are no current pending appointments for the United States District Court for the Western District of Texas.


Senior judges

JudgeAppointed byActiveChiefSeniorBachelorsLaw
Senior Judge Harry HudspethCarter 11/27/1979 - 6/30/20011992 - 19996/30/2001 - PresentU. of Texas, A.B., 1955U. of Texas School of Law, J.D., 1958
Judge David BrionesClinton 10/11/1994 - 02/25/200902/26/2009 - PresentU. of Texas, B.A., 1969U. of Texas Law, J.D., 1971
Senior Judge David Alan EzraReagan 5/20/1988 - 6/27/20121999 - 20056/27/2012 - PresentSt. Mary`s U., B.B.A., 1969St. Mary`s U. School of Law, J.D., 1972
Senior Judge James NowlinReagan 10/26/1981 - 05/30/20031999 - 200305/31/2003 - PresentTrinity U., B.A., 1959U. of Texas Law, J.D., 1963


Magistrate judges

JudgeActiveBachelorsLaw
Magistrate Judge Victor Garcia05/14/2003 - PresentAngelo State U., B.A., 1977Texas Southern U. Law, J.D., 1980
Magistrate Judge Norbert Garney09/11/2000 - Present
Magistrate Judge Richard Mesa
Magistrate Judge Jeff Manske08/01/2001 - PresentBaylor U., B.A., 1983St. Mary's U. Law, J.D., 1986
Magistrate Judge Pamela Mathy06/08/1998 - PresentMarquette U., B.A., 1973U. of Wisconsin Law, J.D., 1978
Magistrate Judge John Primomo07/1988 - PresentU. of Texas, B.A., 1974St. Mary's U. Law, J.D., 1976
Magistrate Judge Dwight Goains11/10/2007 - Present
Magistrate Judge Andrew Austin11/22/1999 - PresentU. of Virginia, B.A., 1982U. of Texas Law, J.D., 1985
Magistrate Judge Collis White10/24/2009 - PresentU. of Kansas, B.S.Fordham U. Law, J.D.
Magistrate Judge Robert Castaneda
Magistrate Judge David Counts
Judge Anne Teresa Berton11/20/2012 to CurrentWest Point AcademyTexas Tech University


Past judges

Former Chief judges

Former Chief JudgesTerm
Adrian Spears1962 - 1979
Jack Roberts1979-1980
Ben Rice1948 - 1962
James Nowlin1999 - 2003
Lucius Bunton1987 - 1992
William Steele Sessions
Harry Hudspeth1992 - 1999
Walter Smith, Jr.2003 - 2010

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.[1][2]



Former judges



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