United States District Court for the Western District of North Carolina
- 1 Vacancy warning level
- 2 Active judges
- 3 Jurisdiction
- 4 Caseloads
- 5 Notable cases
- 6 History
- 7 Federal courthouse
- 8 See also
- 9 External links
- 10 References
The United States District Court for the Western District of North Carolina is one of ninety-four United States district courts. 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
There are no pending nominations for the United States District Court for the Western District of North Carolina.
Article III judges
|Judge Robert Conrad||1958||Chicago, IL||W. Bush||06/02/2005 - Present||2006 - 6/2/2013||New Seat|116 Stat. 1758||Clemson U., B.A., 1980||University of Virginia Law, J.D., 1983|
|Chief Judge Frank Whitney||1959||Charlotte, NC||W. Bush||06/05/2006 - Present||6/2/2013 - Present||Brent McKnight||Wake Forest U., B.A., 1982||University of North Carolina Law, J.D., 1987|
|Judge Richard Voorhees||1941||Syracuse, NY||Reagan||10/17/1988 - Present||1991 - 1998||David Sentelle||Davidson College, B.A., 1963||University of North Carolina Law, J.D., 1968|
|Judge Martin Reidinger||1958||New Haven, CT||W. Bush||09/12/2007 - Present||Graham Mullen||University of North Carolina, B.A., 1981||University of North Carolina Law, J.D., 1984|
|Judge Max O. Cogburn, Jr.||1951||Cambridge, MA||Obama||3/10/2011-Present||Lacy Thornburg||University of North Carolina, B.A., 1973||Samford U. Cumberland Law, J.D., 1976|
|Senior Judge Graham Mullen||H.W. Bush||09/11/1990 - 11/30/2005||1998 - 2005||12/01/2005 - Present||Duke U., B.A., 1962||Duke U. Law, J.D., 1969|
|Magistrate Judge David Kessler||04/30/2004 - Present||University of North Carolina at Chapel Hill, 1984||University of Virginia Law, J.D., 1987|
|Magistrate Judge Dennis Howell||10/05/2004 - Present|
|Magistrate Judge David Cayer||04/02/2009 - Present|
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.
There are four court divisions, each covering the following counties:
|Federal Court Caseload 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.
| • Water contamination case allowed to move forward (2014)|
Judge(s):Max O. Cogburn, Jr. (Catawba Riverkeeper Foundation v. Duke Energy Carolinas, LLC, 3:13-cv-00355-MOC-DSC)
|Click for summary→|
|On April 11, 2014, Judge Max O. Cogburn, Jr. overruled with prejudice Magistrate Judge David Cayer's recommendation that a lawsuit filed by the Catawba Riverkeeper Foundation (Catawba) against Duke Energy (Duke) over alleged coal ash contamination of a reservoir be dismissed.
Cogburn further noted that the case should be dismissed if, and only if, the state and the federal Environmental Protection Agency joined forces to "enforce the same Clean Water Act standards which [Catawba] [sought] to enforce."
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 four posts to the Western District of North Carolina to reach the current total of five 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)|
|June 4, 1872||17 Stat. 215||1|
|May 19, 1961||75 Stat. 80||2|
|October 20, 1978||92 Stat. 1629||3|
|November 2, 2002||116 Stat. 1758||5(1 Temporary)|
Former chief judges
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.
For more information on the judges of the Western District of North Carolina, see former federal judge of the Western District of North Carolina.
There are four federal courthouses that serve the Western District of North Carolina.
- U.S. District Court for the Western District of North Carolina
- Judges of the Western District of North Carolina
- U.S. Attorney's Office for the Western District of North Carolina
- Pre-1992 Opinions of the Western District of North Carolina
- Current Opinions of the Western District of North Carolina
- Offices of the United States Attorneys, Official list
- Charlotte Observer, "Judge lets Duke Energy ash lawsuit continue," April 11, 2014
- Charlotte Business Journal, "Judge delays ruling in Mountain Island Lake coal ash case," March 12, 2014
- Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
- History of the Districts of North Carolina on the Federal Judicial Center website
- United States Courts, Frequently Asked Questions
- United States Courts, "On Being Chief Judge," February 2009
David Kessler • Dennis Howell • David Cayer •
|Former Article III judges||
|Former Chief judges|