United States District Court for the Eastern District of North Carolina

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Eastern District of North Carolina
Fourth Circuit
NC-ED.jpg
Chief:James DeverJudges:3
Posts:4Vacancies:1
Active judges
BoyleFlanagan
Senior Judges
BrittFoxHoward
Magistrate Judges
GatesJonesSwankWebb
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 Eastern District of North Carolina is a United States district court.

The United States Attorney for the Eastern District of North Carolina represents the United States in civil and criminal litigation in the court. The current district attorney is Thomas G. Walker .[1]

When decisions of the court are appealed, they are appealed to the Fourth Circuit Court of Appeals based in Downtown Richmond, Virginia, at the Lewis F. Powell Federal Courthouse.

Vacancy warning level

The United States District Court for the Eastern District of North Carolina's vacancy warning level is currently set at yellow. The court currently has one vacancy and one pending appointment.

Jurisdiction

The Counties of the Eastern District of North Carolina (click for larger map)

The geographic jurisdiction of the Eastern District of North Carolina consists of all the following counties in the eastern part of the state of North Carolina.

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

The Eastern Division, covering Beaufort, Carteret, Craven, Edgecombe, Greene, Halifax, Hyde, Jones, Lenoir, Martin, Pamlico, and Pitt Counties

The Northern Division, covering Bertie, Camden, Chowan, Currituck, Dare, Gates, Hertford, Northampton, Pasquotank, Perquimans, Tyrrell, and Washington Counties

The Southern Division, covering Bladen, Brunswick, Columbus, Duplin, New Hanover, Onslow, Pender, Robeson, and Sampson Counties

The Western Division, covering Cumberland, Franklin, Granville, Harnett, Johnston, Nash, Vance, Wake, Wayne, Warren, and Wilson Counties

It has three staffed offices and holds court in six cities: Elizabeth City, Fayetteville, Greenville, New Bern, Raleigh, and Wilmington. Its main office is in Raleigh.

When decisions of the court are appealed, they are appealed to the Fourth Circuit Court of Appeals based in Downtown Richmond, Virginia, at the Lewis F. Powell Federal Courthouse.

Cases heard

The Western 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.

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 2729316358922806 308698.9257 (11.7%)1259
2011 2706267453802582 27988.38.6237 (12.6%)1231
2010 2392253649282200 27288.38.6154 (8.7%)1229
2009 2113235244652072 239388.795 (6%)1240
2008 1970222941992074 212588.888 (6.1%)1231
2007183621944030221218188.610.383 (6.7%)1226
*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.
NCE Terminations Filed.jpg NCE Median Times.jpg

Clerk's office

The Eastern District of North Carolina has six divisions. Offices are open Monday-Friday, excluding holidays. The official Clerk of Court is Dennis P. Iavarone and can be contacted at (919) 645-1700. Please consult the chart below for more information on courthouse locations:

Location Address Phone number
Elizabeth City Division United States Courthouse

306 East Main Street Elizabeth City, NC 27909

Unstaffed
Fayetteville Division United States Courthouse

3rd Floor 301 Green Street Fayetteville, NC 28302

(910) 483-9509 (Unstaffed)
Greenville Division United States Courthouse

201 South Evans St., Rm 209 Greenville, NC 27858

(252) 830-6009 (8:30 a.m. to 4:30 p.m.)
New Bern Division United States Courthouse

413 Middle Street New Bern, NC 28560

(252) 638-8534 (8:00 a.m. to 5:00 p.m.)
Raleigh Division Clerk of Court

PO Box 25670 Raleigh, NC 27611

(919) 645-1700 (8:30 a.m. to 4:30 p.m.)
Wilmington Division United States Courthouse

2 Princess Street Wilmington, NC 28401

(910) 815-4663 (8:30 a.m. to 4:30 p.m.)
[2]

History

Court history

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 Eastern District of North Carolina to reach the current total of four posts.[3]

Judicial posts

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

Year Statute Total Seats
June 4, 1790 1 Stat. 126 1 (Whole state)
June 4, 1872 17 Stat. 215 1
May 19, 1961 75 Stat. 80 2
June 2, 1970 84 Stat. 294 3 (1 Temporary)
1975 Post expired 2
October 20, 1978 92 Stat. 1629 3
July 10, 1984 98 Stat. 333 4(1 Temporary)
December 1, 1990 104 Stat. 5089 4
[3]

Notable cases

For a searchable list of opinions, please see Opinions of the Eastern District of North Carolina.



Federal courthouse

There are six federal courthouses that serve the Eastern District of North Carolina.

Major news

For new stories and other related material see North Carolina judicial news.

See also

External links

References

Eastern District of North Carolina
Fourth Circuit
NC-ED.jpg
Chief:James DeverJudges:3
Posts:4Vacancies:1
Active judges
BoyleFlanagan
Senior Judges
BrittFoxHoward
Magistrate Judges
GatesJonesSwankWebb
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 Louise Flanagan1962Richmond, VAW. Bush 07/18/2003 - Present2004 - 2011James FoxWake Forest U., B.A., 1984U. of Virginia Law, J.D., 1988
Judge Terrence Boyle1945Passaic, NJReagan 05/03/1984 - Present1997 - 2004Franklin DupreeBrown, B.A., 1967American U. Law, J.D., 1970
Chief Judge James Dever1962Lake Charles, LAW. Bush 05/02/2005 - Present2011 - PresentEarl BrittNotre Dame, B.B.A., 1984Duke U. Law, J.D., 1987


Pending appointments

JudgeConfirmationBachelorsLaw
Jennifer May-ParkerSUNY Geneseo, B.A., 1988SUNY Buffalo Law, J.D. 1991


Senior judges

JudgeAppointed byActiveChiefSeniorBachelorsLaw
Senior Judge Earl BrittCarter 05/23/1980 - 12/06/19971983 - 199012/07/1997 - PresentWake Forest U., B.S., 1956Wake Forest Law, LL.B., 1958
Senior Judge James FoxReagan 09/30/1982 - 01/30/20011990 - 199701/31/2001 - PresentU. of North Carolina, B.S., 1950U. of North Carolina Law, J.D., 1957
Senior Judge Malcolm HowardReagan 02/26/1998 - 12/30/200512/31/2005 - PresentU.S. Military Academy, West Point, B.S., 1962Wake Forest Law, J.D., 1970


Magistrate judges

JudgeActiveBachelorsLaw
Magistrate Judge James Gates01/27/2006 - Present
Magistrate Judge William Webb10/18/1999 - Present
Magistrate Judge Robert Jones, Jr.10/12/2007 - Present
Magistrate Judge Kimberly A. Swank9/10/2013 - PresentEast Carolina UniversityCampbell University


Past judges

Former Chief judges

Former Chief JudgesTerm
John Larkins1975 - 1979
Franklin Dupree1979 - 1983
Algernon Butler1961 - 1975
Terrence Boyle1997 - 2004
James Fox1990 - 1997
Earl Britt1983 - 1990
Louise Flanagan2004 - 2011

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


North CarolinaSupreme Court of North CarolinaNorth Carolina Court of AppealsNorth Carolina Superior CourtsNorth Carolina District CourtsUnited States District Court for the Eastern District of North CarolinaUnited States District Court for the Middle District of North CarolinaUnited States District Court for the Western District of North CarolinaUnited States Court of Appeals for the Fourth CircuitNorth Carolina countiesNorth Carolina judicial newsNorth Carolina judicial electionsJudicial selection in North CarolinaNorthCarolinaTemplatewithoutBankruptcy.jpg

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