United States District Court for the District of South Carolina
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The United States District Court for the District of South Carolina is a federal district court.
The United States Attorney for the District of South Carolina represents the United States in civil and criminal litigation in the court. The current United States Attorney is William N. Nettles.
When decisions of the court are appealed, they are appealed to the Fourth Circuit Court of Appeals based in Downtown Richmond, VA at the Lewis F. Powell Federal Courthouse.
Vacancy warning level
The United States District Court for the District of South Carolina's vacancy warning level is currently set at blue. The court has one vacancy and no pending appointments.
Jurisdiction
The jurisdiction of the District of South Carolina consists of all the counties in the state of South Carolina.
There are eleven court divisions, each covering the following counties:
The Aiken Division, covering Aiken, Allendale and Barnwell counties
The Anderson Division, covering Anderson, Oconne and Pickens counties
The Beaufort Division, covering Beaufort, Hampton and Jasper counties
The Charleston Division, covering Berkeley, Charleston, Clarendon, Colleton, Dorchester and Georgetown counties
The Columbia Division, covering Kershaw, Lee, Lexington, Richland and Sumter counties
The Florence Division, covering Chesterfield, Darlington, Dillon, Florence, Horry, Marion, Marlboro and Williamsburg counties
The Greenville Division, covering Greenville and Laurens counties
The Greenwood Division, covering Abbeville, Edgefield, Greenwood, McCormick, Newberry and Saluda counties
The Orangeburg Division, covering Bamberg, Calhoun and Orangeburg counties
The Rock Hill Division, covering Chester, Fairfield, Lancaster and York counties
The Spartanburg Division, covering Cherokee, Spartanburg and Union counties
Court is held in the cities of Aiken, Anderson, Beaufort, Charleston, Columbia, Florence, Greenville, and Spartanburg.
When decisions of the court are appealed, they are appealed to the Fourth Circuit Court of Appeals based in Downtown Richmond, VA at the Lewis F. Powell Federal Courthouse.
Cases heard
The District of South Carolina 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* |
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| 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 | ||||||||||||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 2010 | 4085 | 4625 | 8710 | 4943 | 3767 | 9.9 | 10.8 | 69(2.2%) | 29.3 | 39 | ||||||||||||||||||||||||||||||||||||||
| 2009 | 4202 | 4559 | 8761 | 4735 | 4026 | 10.1 | 8.2 | 64(2%) | 12 | 31 | ||||||||||||||||||||||||||||||||||||||
| 2008 | 3877 | 5460 | 9337 | 5147 | 4190 | 9.4 | 8.2 | 53(1.6%) | 0 | 36 | ||||||||||||||||||||||||||||||||||||||
| 2007 | 3705 | 5508 | 9213 | 5370 | 3843 | 8.5 | 8.0 | 25(1.2%) | 0 | 39 | ||||||||||||||||||||||||||||||||||||||
| 2006 | 3964 | 4670 | 8634 | 4984 | 3650 | 8.9 | 9.5 | 91(3.1%) | 0 | 39 | ||||||||||||||||||||||||||||||||||||||
| *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 all judicial posts had spent vacant that year. |
Clerk's office
The District of South Carolina has ten divisions and eight courthouse locations throughout the state. The divisons are Aiken, Anderson, Beaufort, Charleston, Columbia, Florence, Greenville, Greenwood, Orangeburg, Rock Hill and Spartanburg. Offices are open from 8:30 A.M. until 4:30 P.M., Monday through Friday excluding Federal Holidays. The official Clerk of Court's phone number is (803) 765-5816. Please consult the chart below for more information on courthouse locations:
| Location | Divisions | Address | Phone number |
|---|---|---|---|
| Aiken Courthouse | Aiken and Orangeburg | Charles E. Simons Jr. Federal Courthouse
223 Park Avenue, S.W. Aiken, SC 29801 |
803-648-6896 (Inquiries to 803-765-5816) |
| Anderson Courthouse | Anderson, Greenville, Greenwood and Spartanburg | G. Ross Anderson, Jr. Federal Building and United States Courthouse
315 South McDuffie Street, 2nd Floor Anderson, South Carolina 29624 |
(Inquiries to 864-241-2700) |
| Beaufort Courthouse | Beaufort | Beaufort Federal Courthouse
1501 Bay Street Beaufort, South Carolina 29902 |
843-521-2088 (Inquiries to 843-579-1401) |
| Charleston Federal Courthouse | Beaufort and Charleston | Charleston Federal Courthouse
85 Broad Street Charleston, South Carolina 29401 |
843-579-1401 |
| Hollings Judicial Center | Hollings Judicial Center
83 Broad Street Charleston, South Carolina 29401 |
843-579-1401 | |
| Columbia Courthouse | Columbia and Rock Hill | Matthew J. Perry, Jr. Courthouse
901 Richland Street Columbia, South Carolina 29201 |
803-765-5816 |
| Florence Courthouse | Florence | McMillan Federal Building
401 West Evans Street Florence, South Carolina 29501 |
843-676-3820 |
| Greenville Courthouse | Anderson, Greenville, Greenwood and Spartanburg | Clement F. Haynsworth Federal Building and U.S. Courthouse
300 East Washington Street Greenville, South Carolina 29601 |
864-241-2700 |
| Spartanburg Courthouse | Anderson, Greenville, Greenwood and Spartanburg | Donald S. Russell Courthouse and U.S. Courthouse
201 Magnolia Street Spartanburg, South Carolina 29306 |
(Inquiries to 864-241-2700) |
History
Court history
The District of South Carolina was established by Congress on September 24, 1789, with one post to cover the entire state. On February 21, 1823, Congress divided the district into the Eastern District of South Carolina and the Western District of South Carolina with one post to cover both districts. In 1898, in Bartlett v. U.S., 169 U.S. 219 the United States Supreme Court held that South Carolina was a single judicial district under the law. On March 3, 1911, Congress again divided the district into the Eastern District of South Carolina and the Western District of South Carolina with one post to cover both districts. On October 7, 1965, the two judicial districts were again merged, this time by congress, with 4 posts to cover the entire state. Over time 6 additional judicial posts were added to the Western District of Virginia for a total of 10 current posts.[1]
Judicial posts
The following table highlights the development of judicial posts for the District of South Carolina:
| Year | Statute | Total Seats |
| September 24, 1789 | 1 Stat. 73 | 1 (Whole state) |
| February 21, 1823 | 3 Stat. 726 | 1 (Whole state, 2 Districts) |
| 1898 | Bartlett v. U.S., 169 U.S. 219 | 1 (Whole state) |
| March 3, 1911 | 36 Stat. 1087, 1123 | 1 (Whole state, 2 Districts) |
| March 3, 1915 | 38 Stat. 961 | 1 Eastern + 1 Western = 2 Total |
| February 26, 1929 | 45 Stat. 1319 | 1 Eastern + 1 Western +1 Shared = 3 Total |
| May 19, 1961 | 75 Stat. 80 | 1 Eastern + 1 Western + 2 Shared = 4 Total |
| October 7, 1965 | 79 Stat. 951 | 4 |
| June 2, 1970 | 84 Stat. 294 | 5 |
| October 20, 1978 | 92 Stat. 1629 | 8 |
| December 1, 1990 | 104 Stat. 5089 | 9 |
| December 21, 2000 | 114 Stat. 2762 | 10 |
Notable cases
For a searchable list of opinions, please see Opinions of the District of South Carolina.
| • South Carolina immigration law |
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| In December 2011, U.S. District Judge Richard Mark Gergel blocked portions of the new South Carolina Immigration law, ruling that the law infringed upon the powers granted to the United States federal government. Gergel determined that measures including requiring police officers to check residency status and making it a felony for anyone to harbor or transport an illegal immigrant fell within the exclusive jurisdiction of the federal government and were unconstitutional. The judge argued that the "state-mandated scrutiny is without consideration of federal enforcement priorities and unquestionably vastly expands the persons targeted for immigration enforcement action."[2] |
Federal courthouse
There are eight federal courthouses that serve the District of South Carolina.
Major news
For new stories and other related material see South Carolina judicial news.
See also
External links
- United States District Court for the District of South Carolina Official Website
- United States Attorney for the District of South Carolina Official Website
- Opinions of the District of South Carolina
- District Judges of the District of South Carolina
- Magistrate Judges of the District of South Carolina
References
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| Contents |
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| 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
See: Article III federal judgeThe United States District Court for the District of South Carolina has 10 posts and 1 vacancy. The current Chief Judge is Terry Wooten. This is a list of the current judges on the court:
| Judge | Born | Home | Appointed by | Active | Chief | Preceeded | Bachelors | Law |
|---|---|---|---|---|---|---|---|---|
| Judge David Norton | 1946 | Washington, DC | W. Bush | 07/12/1990 - Present | 2007 - 2012 | Solomon Blatt | U. of the South, B.A., 1968 | U. of South Carolina Law, J.D., 1975 |
| Judge Joseph Anderson | 1949 | Augusta, GA | Reagan | 10/14/1986 - Present | 2000 - 2007 | Charles Simons | Clemson U., B.A., 1972 | U. of South Carolina Law Center, J.D., 1975 |
| Judge Cameron Currie | 1948 | Florence, SC | Clinton | 03/11/1994 - Present | Falcon Hawkins | U. of South Carolina, B.A., 1970 | George Washington U. Law , J.D., 1975 | |
| Chief Judge Terry Wooten | 1954 | Louisville, KY | W. Bush | 11/26/2001 - Present | 1/16/2013 - Present | New Seat|114 Stat. 2762 | U. of South Carolina, B.A., 1976 | U. of South Carolina, J.D., 1980 |
| Judge Robert Harwell | 1959 | Florence, SC | W. Bush | 06/30/2004 - Present | Weston Houck | Clemson U, B.A., 1980 | U. of South Carolina Law, J.D., 1982 | |
| Judge Timothy M. Cain | 1961 | Seneca, SC | Obama | 9/20/2011 - Present | Patrick Duffy | University of South Carolina, B.S., 1983 | University of South Carolina School of Law, J.D., 1986 | |
| Judge J. Michelle Childs | March 24, 1966 | Detroit, MI | Obama | 08/05/2010 - Present | George Anderson | U. of South Florida, B.A., 1984 | U. of South Carolina School of Law, J.D., 1991 | |
| Judge Richard Mark Gergel | 1954 | Columbia, SC | Obama | 08/9/2010 - Present | Henry Herlong | Duke U., B.A., 1975 | Duke U., J.D., 1979 | |
| Judge Mary Geiger Lewis | 1958 | Columbia, SC | Obama | 6/18/2012 - Present | Henry Franklin Floyd | Clemson U., B.A., 1980 | U. of South Carolina Law, J.D., 1984 |
Pending appointments
There are no current pending appointments for the United States District Court for the District of South Carolina.
Senior judges
See: Federal judges on senior statusThe United States District Court for the District of South Carolina has 6 judges on senior status currently. This is a list of the current senior judges on the court:
| Judge | Appointed by | Active | Chief | Senior | Bachelors | Law |
|---|---|---|---|---|---|---|
| Senior Judge George Anderson | Carter | 05/23/1980 - 01/29/2009 | 01/29/2009 - Present | Southeastern U., B.C.S., 1949 | U. of South Carolina Law , LL.B., 1954 | |
| Senior Judge Henry Herlong | H.W. Bush | 05/14/1991 - 05/31/2009 | 06/01/2009 - Present | Clemson U., B.A., 1967 | U. of South Carolina Law, J.D., 1970 | |
| Senior Judge Patrick Duffy | Clinton | 12/26/1995 - 12/26/2007 | 12/27/2007 - Present | The Citadel, B.A., 1965 | U. of South Carolina Law, J.D., 1968 | |
| Senior Judge Margaret Seymour | Clinton | 10/22/1998 - 1/16/2013 | 2012 - 1/16/2013 | Howard U., B.A., 1969 | American U. Law, J.D., 1977 | |
| Senior Judge Solomon Blatt | Nixon | 05/28/1971 - 05/06/1990 | 1986 - 1990 | 05/07/1990 - Present | U. of South Carolina, A.B., 1941 | U. of South Carolina Law, LL.B., 1946 |
| Senior Judge Charles Weston Houck | Carter | 9/26/1979 - 09/30/2003 | 1993 - 2000 | 10/1/2003 - Present | U. of South Carolina Law, LL.B., 1956 |
Magistrate judges
| Judge | Active | Bachelors | Law |
|---|---|---|---|
| Magistrate Judge Robert Buchanan | 1979 - Present | Erskine College, A.B., 1973 | U. of South Carolina Law, J.D., 1976 |
| Magistrate Judge Paige Jones Gossett | 10/24/2008 - Present | ||
| Magistrate Judge Bruce Hendricks | 05/06/2002 - Present | ||
| Magistrate Judge Bristow Marchant | 1992 - Present | College of Charleston, 1977 | University of South Carolina School of Law, 1980 |
| Magistrate Judge Thomas Rogers | 05/08/2002 - Present | ||
| Magistrate Judge Shiva Hodges | |||
| Magistrate Judge Kevin McDonald | |||
| Magistrate Judge Jacquelyn Austin | |||
| Magistrate Judge Kaymani West | 2012 - Present |
Past judges
Former Chief judges
| Judge | Term |
|---|---|
| James Robert Martin, Jr. | 1962 - 1979 |
| Charles Weston Houck | 1993 - 2000 |
| Solomon Blatt | 1986 - 1990 |
| Charles Simons | 1980 - 1986 |
| Robert Hemphill | 1979 - 1980 |
| Falcon Hawkins | 1990 - 1993 |
| Margaret Seymour | 2012 - 1/16/2013 |
| Joseph Anderson | 2000 - 2007 |
| David Norton | 2007 - 2012 |
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.
Former judges
- Thomas Bee
- William Drayton
- John Drayton
- Thomas Lee
- Robert Budd Gilchrist
- Andrew Gordon Magrath
- George Seabrook Bryan
- William Hiram Brawley
- Clyde Hamilton
- William Traxler
- Dennis Shedd
- Charles Henry Simonton
- Henry Augustus Middleton Smith
- Joseph Travis Johnson
- Henry Floyd
- Henry Hitt Watkins
- Ernest Ford Cochran
- Robert Chapman
- John Lyles Glenn
- Francis Kerschner Myers
- Charles Wyche
- Falcon Hawkins
- Robert Hemphill
- Donald Russell
- Charles Simons
- Matthew Perry
- George Timmerman
- Julius Waring
- William Walter Wilkins
- Ashton Williams
- James Robert Martin, Jr.
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|---|---|---|---|
| Active judges |
Chief Judge: Terry Wooten • David Norton • Joseph Anderson • Cameron Currie • Robert Harwell • Timothy M. Cain • J. Michelle Childs • Richard Mark Gergel • Mary Geiger Lewis | ||
| Senior judges |
George Anderson • Henry Herlong • Patrick Duffy • Margaret Seymour • Solomon Blatt • Charles Weston Houck • | ||
| Magistrate judges | Robert Buchanan • Paige Jones Gossett • Bruce Hendricks • Bristow Marchant • Thomas Rogers • Shiva Hodges • Kevin McDonald • Jacquelyn Austin • Kaymani West • | ||
| Former Article III judges |
Thomas Bee • William Drayton • John Drayton • Thomas Lee • Robert Budd Gilchrist • Andrew Gordon Magrath • George Seabrook Bryan • William Hiram Brawley • Clyde Hamilton • William Traxler • Dennis Shedd • Charles Henry Simonton • Henry Augustus Middleton Smith • Joseph Travis Johnson • Henry Floyd • Henry Hitt Watkins • Ernest Ford Cochran • Robert Chapman • John Lyles Glenn • Francis Kerschner Myers • Charles Wyche • Falcon Hawkins • Robert Hemphill • Donald Russell • Charles Simons • Matthew Perry • George Timmerman • Julius Waring • William Walter Wilkins • Ashton Williams • James Robert Martin, Jr. • | ||
| Former Chief judges |
David Norton • Joseph Anderson • Margaret Seymour • Falcon Hawkins • Robert Hemphill • Charles Simons • Solomon Blatt • Charles Weston Houck • James Robert Martin, Jr. • | ||
