United States District Court for the Western District of Texas

• Court
• Judges

Western District of Texas Fifth Circuit Chief: Samuel Biery Judges: 12 Posts: 13 Vacancies: 1 Active judges Cardone • Garcia • Guaderrama • Junell• Ludlum• Martinez• Montalvo• Rodriguez• Smith • Sparks •Yeakel Senior Judges Briones • Furgeson • Hudspeth• Nowlin Magistrate Judges Garcia • Garney • Leachman • McDonald • Mesa • Manske • Mathy • Nowak • Primono • Platt • Goains • Austin • Pitman • White Former Judges

Key: (Numbers indicate % of seats vacant.) 0% 0%-10% 10%-25% 25%-40% More than 40%

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:

• Austin Division
• Del Rio Division
• El Paso Division
• Midland Division
• Pecos Division
• San Antonio Division
• Waco Division

The United States Attorney for the District of Western Texas represents the United States in civil and criminal litigation in the court. Johnny Sutton is the United States Attorney for the District of Western Texas.

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 their thirteen posts, constituting 7.7% of their 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, 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, Wilson Counties

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*

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	5689	11952	17641	11637	6004	4.4	8.7	54(2.4%)	24.0	42
2009	5492	11410	16902	11099	5803	4.4	8.3	42(1.8%)	17.0	28
2008	5226	10547	15773	10256	5517	5.0	8.3	39(1.6%)	.0	27
2007	4911	9463	14374	9141	5233	5.0	7.5	54(2.3%)	.0	28
2006	5247	8996	14243	9312	4931	5.3	9.5	76(2.9%)	.0	25

*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 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.

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.

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

Notable cases

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

• Judge adds humor to strip club case  Judge(s):Samuel Biery      *35 Bar and Grille LLC v. The City of San Antonio 5:13-cv-00034-FB

Judge Biery made national news for his turns of phrase in 35 Bar and Grille v. The City of San Antonio in April 2013, officially referring to the decision as The Case of the Itsy Bitsy Teeny Weeny Bikini Top v. The (More) Itsy Bitsy Teeny Weeny Pastie. In the case, a gentleman's club in San Antonio circumvented a 2005 ordinance which would have deemed the business a "human display establishment," leading to greater regulation and permitting issues. That ordinance was challenged in 2009 on the basis of First Amendment rights and the Texas Fourth District Court of Appeals found that the ordinance did not violate the dancers' right to freedom of speech. Following the state court ruling, the clubs found a loophole around the ordinance by allowing their dancers to wear pasties and thong underwear. In 2012, the City of San Antonio specified the ordinance, providing specific regulations as to what could be worn in these clubs. This case challenged the strengthened regulations; again the plaintiffs challenged based on First Amendment rights, which the city denied based on licensing options. Or, as Judge Biery stated, "Plaintiffs clothe themselves in the First Amendment seeking to provide cover against another alleged naked grab of constitutional power." Judge Biery denied the injunction of the ordinance as requested by the plaintiffs, finding that the group was unlikely "to prevail based on the merit of their claims."

• School prayer case  Judge(s):Samuel Biery      *Schultz v. Medina Valley Independent School District 5:11-cv-00422-FB

In February 2012, Judge Biery presided over the settlement of the case Schultz v. Medina Valley Independent School District, a controversial case which challenged the Establishment Clause of the First Amendment. The case was filed by parents of two children in the district, who disagreed with sanctioned prayers at school events. The reached settlement specifically outlines all instances where prayer may and may not be mentioned, from graduation speeches to football games, in addition to training staff on proper use of religious language and non-retaliation towards students. To read through the allowed activities, see: United States District Court for the Western District of Texas, Schultz v. Medina Valley Independent School District, Appendix I. Judge Biery faced threats for his decision in the case, leading to increased protection from the U.S. Marshal Service.

Federal courthouse

Six separate courthouses serve the Western District of Texas.

Major news

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

See also

• United States Court of Appeals for the Fifth Circuit

External links

• US District Court for the Western District of Texas
• US Attorney's Office for the Western District of Texas
• Judges of the Western District of Texas
• Opinions of the Western District of Texas

References

Western District of Texas Fifth Circuit Chief: Samuel Biery Judges: 12 Posts: 13 Vacancies: 1 Active judges Cardone • Garcia • Guaderrama • Junell• Ludlum• Martinez• Montalvo• Rodriguez• Smith • Sparks •Yeakel Senior Judges Briones • Furgeson • Hudspeth• Nowlin Magistrate Judges Garcia • Garney • Leachman • McDonald • Mesa • Manske • Mathy • Nowak • Primono • Platt • Goains • Austin • Pitman • White Former Judges

Key: (Numbers indicate % of seats vacant.) 0% 0%-10% 10%-25% 25%-40% More than 40%

Active judges

Article III judges

See: Article III federal judge
The United States District Court for the Western District of Texas has 13 posts and 1 vacancy. The current Chief Judge is Samuel Biery. This is a list of the current judges on the court:

Judge	Born	Home	Appointed by	Active	Chief	Preceeded	Bachelors	Law
Judge Walter Smith, Jr.	1940	Marlin, TX	Reagan	10/4/1984 - Present	2003 - 2010	New Seat|98 Stat. 333	Baylor U., B.A., 1964	Baylor U. School of Law, J.D., 1966
Chief Judge Samuel Biery	1947	McAllen, TX	Clinton	03/11/1994 - Present	2010 - Present	New Seat|104 Stat. 5089	Texas Lutheran College, B.A., 1970	Southern Methodist U. Law, J.D., 1973
Judge Sam Sparks	1939	Austin, TX	H.W. Bush	11/25/1991 - Present		New Seat|104 Stat. 5089	U. of Texas, B.A., 1961	U. of Texas Law, LL.B., 1963
Judge Earl Yeakel	1945	Oklahoma City, OK	W. Bush	07/29/2003 - Present		James Nowlin	U. of Texas, B.A., 1966	U. of Texas Law, J.D., 1969
Judge Xavier Rodriguez	1961	San Antonio, TX	W. Bush	08/01/2003 - Present		Edward Prado	Harvard, B.A., 1983	U. of Texas Law, J.D., 1987
Judge Kathleen Cardone	1953	Medina, NY	W. Bush	07/29/2003 - Present		New Seat|116 Stat. 1758	Binghamton SUNY, B.A., 1976	St. Mary's Law, J.D., 1979
Judge Philip Martinez	1957	El Paso, TX	W. Bush	02/12/2002 - Present		New Seat|114 Stat. 2762	U. of Texas at El Paso, B.A., 1979	Harvard Law, J.D., 1982
Judge Frank Montalvo	1956	Bayamon, PR	W. Bush	08/01/2003 - Present		New Seat|116 Stat. 1758	U. of Puerto Rico, B.S., 1976	Wayne State U. Law, J.D., 1985
Judge Robert Junell	1947	El Paso, TX	W. Bush	02/12/2003 - Present		Hipolito Garcia	Texas Tech U., B.S., 1969	Texas Tech U. Law, J.D., 1976
Judge Orlando Garcia	1952	Jim Wells County, TX	Clinton	03/11/1994 - Present		Emilio Garza	U. of Texas, Austin, B.A., 1975	U. of Texas Law, J.D., 1978
Judge Alia Ludlum	1962	Eagle Pass, TX	W. Bush	11/15/2002 - Present		Harry Hudspeth	Texas Woman's U., B.B.A., 1983	U. of Texas Law, J.D., 1986
Judge David Guaderrama	1954	Las Cruces, NM	Obama	4/26/2012 - Present		David Briones	New Mexico State U., B.A., 1975	Notre 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

See: Federal judges on senior status
The United States District Court for the Western District of Texas has 4 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 Harry Hudspeth	Carter	11/27/1979 - 6/30/2001	1992 - 1999	6/30/2001 - Present	U. of Texas, A.B., 1955	U. of Texas School of Law, J.D., 1958
Judge David Briones	Clinton	10/11/1994 - 02/25/2009		02/26/2009 - Present	U. of Texas, B.A., 1969	U. of Texas Law, J.D., 1971
Senior Judge William Furgeson	Clinton	3/11/1994 - 11/30/2008		11/30/2008 - Present	Texas Tech U., B.A., 1964	U. of Texas School of Law, J.D., 1967
Senior Judge James Nowlin	Reagan	10/26/1981 - 05/30/2003	1999 - 2003	05/31/2003 - Present	Trinity U., B.A., 1959	U. of Texas Law, J.D., 1963

Magistrate judges

Judge	Active	Bachelors	Law
Magistrate Judge Victor Garcia	05/14/2003 - Present	Angelo State U., B.A., 1977	Texas Southern U. Law, J.D., 1980
Magistrate Judge Norbert Garney	09/11/2000 - Present
Magistrate Judge Richard Mesa
Magistrate Judge Jeff Manske	08/01/2001 - Present	Baylor U., B.A., 1983	St. Mary's U. Law, J.D., 1986
Magistrate Judge Pamela Mathy	06/08/1998 - Present	Marquette U., B.A., 1973	U. of Wisconsin Law, J.D., 1978
Magistrate Judge John Primomo	07/1988 - Present	U. of Texas, B.A., 1974	St. Mary's U. Law, J.D., 1976
Magistrate Judge Dwight Goains	11/10/2007 - Present
Magistrate Judge Andrew Austin	11/22/1999 - Present	U. of Virginia, B.A., 1982	U. of Texas Law, J.D., 1985
Magistrate Judge Collis White	10/24/2009 - Present	U. of Kansas, B.S.	Fordham U. Law, J.D.
Magistrate Judge Robert Castaneda
Magistrate Judge David Counts
Judge Anne Teresa Berton	2012-Present

Past judges

Former Chief judges

Judge	Term
Adrian Spears	1962 - 1979
Jack Roberts	1979-1980
Ben Rice	1948 - 1962
James Nowlin	1999 - 2003
Lucius Bunton	1987 - 1992
William Steele Sessions
Harry Hudspeth	1992 - 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. 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

1. Thomas Howard DuVal
2. Ezekiel Turner
3. Edward Prado
4. Emilio Garza
5. Thomas Sheldon Maxey
6. William Robert Smith
7. William Furgeson
8. DuVal West
9. Charles Albert Boynton
10. Robert Johnston McMillan
11. William Steele Sessions
12. Lucius Bunton
13. Hipolito Garcia
14. Ernest Guinn
15. Walter Keeling
16. Ben Rice
17. Jack Roberts
18. Clyde Shannon
19. Adrian Spears
20. Dorwin Suttle
21. Robert Thomason
22. William Thornberry
23. John Wood