United States District Court for the Southern District of California

Southern District of California

Ninth Circuit
Judgeships
Posts: 13
Judges: 6
Vacancies: 7
Judges
Chief: Dana Sabraw
Active judges: Cynthia A. Bashant, Cathy Bencivengo, Gonzalo P. Curiel, Todd Robinson, Dana Sabraw, Janis Sammartino

Senior judges:
Michael Anello, Anthony J. Battaglia, Roger Benitez, Larry Burns, William Hayes, John Houston, Marilyn Huff, James Lorenz, Jeffrey Miller, Barry Moskowitz, Thomas Whelan

The United States District Court for the Southern District of California is one of 94 United States district courts. The district operates out of three courthouses in San Diego and one in El Centro. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Ninth Circuit based in downtown San Francisco at the James R. Browning Federal Courthouse.

## Vacancies[edit]

See also: Current federal judicial vacancies

There are seven current vacancies on the United States District Court for the Southern District of California, out of the court's 13 judicial positions.

### Pending nominations[edit]

Judge | Appointed By | Assumed Office | Bachelors | Law

|
|
|
|

Jinsook Ohta

Joe Biden (D)

|  |

Yale University, 1998

New York University School of Law, 2001

Linda Lopez

Joe Biden (D)

|  |  |

University of Miami School of Law

Ruth Bermudez Montenegro

Joe Biden (D)

|  |

Clarion University, 1989

University of California, Los Angeles, 1992

## Active judges[edit]

### Article III judges[edit]

Judge | Appointed By | Assumed Office | Bachelors | Law

|
|
|
|

Dana Sabraw

George W. Bush (R)

|  September 26, 2003  |

San Diego State University, 1980

University of the Pacific, McGeorge School of Law, 1985

Janis Sammartino

George W. Bush (R)

|  September 21, 2007  |

Occidental College, 1972

University of Notre Dame Law School, 1975

Cathy Bencivengo

Barack Obama (D)

|  February 10, 2012  |

Rutgers University, 1980

University of Michigan Law, 1988

Gonzalo P. Curiel

Barack Obama (D)

|  October 1, 2012  |

Indiana University, 1976

Indiana University School of Law, 1979

Cynthia A. Bashant

Barack Obama (D)

|  May 8, 2014  |

Smith College, 1982

University of California, 1986

Todd Robinson

Donald Trump (R)

|  September 18, 2020  |

University of California, Berkeley, 1989

Georgetown University Law Center, 1993

#### Active Article III judges by appointing political party[edit]

The list below displays the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

* Democrat appointed: 3
* Republican appointed: 3

### Senior judges[edit]

Judge | Appointed By | Assumed Office | Bachelors | Law

|
|
|
|

James Lorenz

Bill Clinton (D)

|  October 25, 2009  |

University of California, Berkeley, 1957

California Western School of Law, 1965

Jeffrey Miller

Bill Clinton (D)

|  June 6, 2010  |

UCLA, 1964

UCLA School of Law, 1967

Thomas Whelan

Bill Clinton (D)

|  August 15, 2010  |

University of San Diego, 1961

University of San Diego School of Law, 1965

Marilyn Huff

George H.W. Bush (R)

|  September 30, 2016  |

Calvin College, 1972

University of Michigan Law School, 1976

Roger Benitez

George W. Bush (R)

|  December 31, 2017  |

San Diego State University, 1974

Western State University, 1978

John Houston

George W. Bush (R)

|  February 6, 2018  |

North Carolina A & T State University, 1974

University of Miami, Coral Gables School of Law, 1977

Michael Anello

George W. Bush (R)

|  October 31, 2018  |

Bowdoin College, 1965

Georgetown University Law Center, 1968

Barry Moskowitz

Bill Clinton (D)

|  January 23, 2019  |

Rutgers College, 1972

Rutgers University School of Law, 1975

Larry Burns

George W. Bush (R)

|  January 22, 2021  |

Point Loma College, 1976

University of San Diego School of Law, 1979

Anthony J. Battaglia

Barack Obama (D)

|  March 31, 2021  |

United States International University, 1971

California Western School of Law, 1974

William Hayes

George W. Bush (R)

|  August 1, 2021  |

Syracuse University, 1978

Syracuse University School of Law, 1983

#### Senior judges by appointing political party[edit]

The list below displays the number of senior judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

* Democrat appointed: 5
* Republican appointed: 6

### Magistrate judges[edit]

Federal magistrate judges are federal judges who serve in United States district courts, but they are not appointed by the president and they do not serve life terms. Magistrate judges are assigned duties by the district judges in the district in which they serve. They may preside over most phases of federal proceedings, except for criminal felony trials. The specific duties of a magistrate judge vary from district to district, but the responsibilities always include handling matters that would otherwise be on the dockets of the district judges. Full-time magistrate judges serve for renewable terms of eight years. Some federal district courts have part-time magistrate judges, who serve for renewable terms of four years.[1]

Judge | Appointed By | Assumed Office | Bachelors | Law

|
|
|
|

Nita Stormes

United States District Court for the Southern District of California

|  January 3, 2000  |

Ohio Wesleyan University, 1976

Duke University Law, 1979

Barbara Major

United States District Court for the Southern District of California

|  January 5, 2004  |

Stanford, 1983

University of California, Berkeley, 1987

William Gallo

United States District Court for the Southern District of California

|  October 15, 2009  |

Duquesne University, 1976

Loyola University School of Law, 1979

Bernard Skomal

United States District Court for the Southern District of California

|  April 28, 2010  |

College of the Holy Cross

Suffolk University Law, 1984

Mitchell D. Dembin

United States District Court for the Southern District of California

|  March 18, 2011  |

City University of New York, Brooklyn College, 1975

Western New England Law School, 1978

Karen S. Crawford

United States District Court for the Southern District of California

|  March 5, 2012  |

Boston University

California Western School of Law

Jill L. Burkhardt

United States District Court for the Southern District of California

|  March 11, 2014  |

University of Minnesota, Twin Cities, 1985

Harvard Law School, 1988

Ruben Brooks

United States District Court for the Southern District of California

|  August 13, 2016  |

University of California, Los Angeles, 1971

Yale Law, 1974

Andrew G. Schopler

United States District Court for the Southern District of California

|  September 30, 2016  |

Dartmouth College, 1994

Harvard Law School, 1997

Ruth Bermudez Montenegro

United States District Court for the Southern District of California

|  August 15, 2018  |

Clarion University, 1989

University of California, Los Angeles, 1992

Linda Lopez

United States District Court for the Southern District of California

|  October 26, 2018  |  |

University of Miami School of Law

Michael Berg

United States District Court for the Southern District of California

|  November 5, 2018  |

University of South Dakota, 1978

University of San Diego School of Law, 1981

Allison Goddard

United States District Court for the Southern District of California

|  August 1, 2019  |

Boston College, 1993

University of San Diego School of Law, 2000

Daniel Butcher

United States District Court for the Southern District of California

|  May 26, 2020  |

University of California, San Diego, 1985

Cornell Law School, 1989

### Former chief judges[edit]

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. A statutory change in the 1950s created the seven-year term. 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.[2]

* Larry Burns \- (2019 - 2021)
* Barry Moskowitz \- (2012 - 2019)
* Irma Gonzalez \- (2005 - 2012)
* Marilyn Huff \- (1998 - 2005)
* Judith Keep \- (1991 - 1998)
* Gordon Thompson \- (1984 - 1991)
* Howard Turrentine \- (1982 - 1984)
* Edward Schwartz \- (1969 - 1982)
* Fred Kunzel \- (1967 - 1969)
* James Marshall Carter \- (1966 - 1967)

* Thurmond Clarke \- (1966 - 1966)
* William Byrne, Sr. \- (1965 - 1966)
* William Mathes \- (1964 - 1965)
* Peirson Hall \- (1959 - 1964)
* Benjamin Harrison \- (1959 - 1959)
* Leon Rene Yankwich \- (1951 - 1959)
* Paul John McCormick \- (1948 - 1951)

|

### Former judges[edit]

For more information about the judges of the Southern District of California, see former federal judges of the Southern District of California.

## Jurisdiction[edit]

The Counties of the Southern District of California (click for larger map)

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

The geographic jurisdiction of the Southern District of California consists of the Imperial and San Diego counties in the southern part of the state of California.

## Caseloads[edit]

This section contains court management statistics dating back to 2010. It was last updated in April 2021.

Click [show] below for more information on caseload terms and definitions.

Caseload statistics explanation

Term  |  Explanation
Cases filed and terminated | The number of civil and criminal lawsuits formally initiated or decided by the court in a calendar year. The chart below reflects the table columns Cases filed and Cases terminated.
Average time from filing to disposition |  The average amount of time, in months, from a case's date of filing to date of disposition (acquittal, sentencing, dismissal, etc.). The chart below reflects the table columns Median time (Criminal) and Median time (Civil).
Starting case load | The number of cases pending from the previous calendar year.
Cases filed | The number of civil and criminal lawsuits formally initiated in a calendar year.
Cases terminated | The total number of civil and criminal lawsuits decided by the court in a calendar year.
Remaining cases | The number of civil and criminal cases pending at the end of a given year.
Median time (Criminal) | The average amount of time, in months, from a case's date of filing to the date of disposition. In criminal cases, the date of disposition occurs on the day of sentencing or acquittal/dismissal.
Median time (Civil) | The average amount of time, in months, from a case's date of filing to the date of disposition.
Three-year civil cases | The number and percent of civil cases that were filed more than three years before the end of the given calendar year.
Vacant posts | The number of months during the year an authorized judgeship was vacant.
Trial/Post | The number of trials completed divided by the number of authorized judgeships on the court. Trials include evidentiary trials, hearings on temporary restraining orders, and preliminary injunctions.

Source: United States Courts, "Explanation of the Judicial Caseload Profiles for United States District Courts," accessed September 25, 2018

United States District Court for the Southern District of California caseload stats, 2010-2019

Year | Cases Filed | Cases Terminated | Cases Pending | Number of Judgeships | Vacant Judgeship Months | Average Total Filings per Judgeship | Trials Completed per Judgeship | Median time from filing to disposition, criminal | Median time from filing to disposition, civil | Three-year civil cases (#) | Three-year civil cases (%)
2010 | 10,268 | 10,625 | 5,704 | 13 | 23 | 790 | 17 | 4 | 6 | 187 | 8
2011 | 10,725 | 10,795 | 5,637 | 13 | 26 | 825 | 18 | 4 | 6 | 192 | 7
2012 | 11,008 | 11,474 | 6,165 | 13 | 10 | 847 | 17 | 4 | 7 | 240 | 8
2013 | 10,074 | 10,274 | 5,986 | 13 | 9 | 775 | 19 | 4 | 7 | 290 | 9
2014 | 8,914 | 8,559 | 6,059 | 13 | 4 | 686 | 15 | 5 | 7 | 371 | 11
2015 | 8,169 | 8,741 | 5,127 | 13 | 0 | 628 | 16 | 5 | 10 | 216 | 8
2016 | 7,886 | 7,519 | 5,318 | 13 | 3 | 607 | 14 | 5 | 6 | 252 | 8
2017 | 9,071 | 7,713 | 5,893 | 13 | 12 | 698 | 14 | 4 | 6 | 378 | 13
2018 | 10,366 | 8,839 | 5,962 | 13 | 37 | 797 | 17 | 5 | 6 | 525 | 18
2019 | 9,437 | 8,580 | 6,376 | 13 | 58 | 726 | 13 | 4 | 6 | 682 | 25
Average | 9,592 | 9,312 | 5,823 | 13 | 18 | 738 | 16 | 4 | 7 | 333 | 11

## History[edit]

The Southern District of California was established by Congress on September 28, 1850. Congress had organized California into two judicial districts, the Northern and the Southern, with one judgeship for each court. Since the district courts were not assigned to a judicial circuit, they were granted civil jurisdiction like U.S. circuit courts, except in appeals and writs of error, which are the jurisdiction of the Supreme Court.

In 1852, Congress passed a statute to give the Northern District judge authority over the Southern District as well. Two years later, the Southern District judgeship was reauthorized.

In 1855, the United States Circuit Court for the Districts of California was established. This repealed the trial court jurisdiction of the California federal district courts. The courts still continued to exercise appellate jurisdiction in certain cases involving land claims.

In 1863, the California Circuit was abolished and the Tenth Circuit was created. This circuit consisted of the California and Oregon judicial districts and eliminated the remaining appellate jurisdiction of the district courts of California.

In July 1866, the federal judiciary was organized into nine circuits. California's single judicial district, with one authorized judgeship, fell into the Ninth Circuit.

Twenty years later, the districts were again divided into the Northern and Southern districts, with one judgeship each.

The Evarts Act of 1891 reorganized the federal judiciary, establishing the federal district courts as trial courts which appealed to the circuit courts of appeal.

Over time, 12 additional judicial posts were added to the Southern District for a total of 13 current posts.[3]

### Judicial posts[edit]

The following table highlights the development of judicial posts for the Southern District of California:[3]

Year  | Statute  | Total Seats

|
|

August 5, 1886 | 24 Stat. 308  | 1
July 30, 1914 | 38 Stat. 580  | 2
July 27, 1930 | 46 Stat. 819  | 3
August 2, 1935 | 49 Stat. 508  | 5
August 19, 1935 | 49 Stat. 659  | 6
May 31, 1938 | 52 Stat. 584, 585  | 7
May 24, 1940 | 54 Stat. 219, 220  | 8
August 3, 1949 | 63 Stat. 493  | 10
February 10, 1954 | 68 Stat. 8  | 11
May 19, 1961 | 75 Stat. 80  | 13
March 18, 1966 | 80 Stat. 75  | 2
June 2, 1970 | 84 Stat. 294  | 5
October 20, 1978 | 92 Stat. 1629  | 7
December 1, 1990 | 104 Stat. 5089  | 8
November 2, 2002 | 116 Stat. 1758  | 13

## Noteworthy cases[edit]

• Donations cap for San Diego politicians (2012)
Judge(s):Irma Gonzalez (Thalheimer et al v. City of San Diego et al, 3:09-cv-02862-IEG-BGS)
| Click for summary→

|

U.S. District Judge Irma Gonzalez ruled that the city of San Diego could not enforce a cap of $1,000 on the amount political parties donate to local election campaigns.[4]

"Political parties are unlike other individuals and entities because the candidates do expressly associate with them and vote on issues advocated/supported by them. In light of this, the court cannot say, for example, that a Republican politician is necessarily 'corrupt'—or that there is an appearance of corruption—just because that politician votes to pass issues supported by the Republican Party after he or she takes office. To the contrary, that is the exact purpose of our political party system," said Judge Gonzalez.[4]

Candidates, however, were not permitted to accept donations more than a year before an election. Furthermore, Gonzalez upheld a $500 cap on contributions from individuals and provisions prohibiting direct donations from corporations and labor unions.[4]

## Noteworthy events[edit]

### Federal Judicial Conference recommendation (2019)[edit]

In March 2019, the Federal Judicial Conference (FJC) recommended that four judgeships be added to the district.[5] Based on FJC data, the district handled 640 weighted filings per judgeship from September 2017 to September 2018. Weighted filings are a specific metric used by the federal judiciary that accounts for the different amounts of time judges require to resolve types of civil and criminal cases. The national average in that period for weighted filings per judgeship was 513.[6]

The FJC is the policy-making body for the United States federal courts system. It was first organized as the Conference of Senior Circuit Judges in 1922.[7] The Chief Justice of the Supreme Court of the United States serves as chair of the conference. The members of the conference are the chief judge of each judicial circuit, the Chief Judge of the Court of International Trade, and a district judge from each regional judicial circuit.[8]

## Federal courthouse[edit]

Two separate courthouses serve the Southern District of California.

## About United States District Courts[edit]

The United States district courts are the general trial courts of the United States federal courts. There are 94 such courts. Both civil and criminal cases are filed in the district court, which is a court of both law and equity.

There is a United States bankruptcy court and a number of bankruptcy judges associated with each United States district court. Each federal judicial district has at least one courthouse, and most districts have more than one.

There is at least one judicial district for each state, and one each for Puerto Rico and the District of Columbia. District courts in three insular areas—the United States Virgin Islands, Guam, and the Northern Mariana Islands—exercise the same jurisdiction as U.S. district courts. Despite their name, these courts are technically not District Courts of the United States. Judges on these territorial courts do not enjoy the protections of Article III of the Constitution, and serve terms of 10 years rather than for life.

There are currently 677 U.S. District Court judgeships.[9][10]

The number of federal district judge positions is set by the U.S. Congress in Title 28 of the U.S. Code, Section 133, which authorizes a set number of judge positions, or judgeships, making changes and adjustments in these numbers from time to time.

In order to relieve the pressure of trying the hundreds of thousands of cases brought before the federal district courts each year, many trials are tried by juries, along with a presiding judge.[11]

### Appointments by president[edit]

The chart below shows the number of district court judges confirmed by the U.S. Senate through November 1 of the first year of each president's term in office. At this point in the term, President Biden made the most district court appointments with 19. President Reagan made 16, the second most for the presidents under study for this period. President Obama had appointed the fewest with three.

### Judges by district[edit]

See also: Judicial vacancies in federal courts

The table below displays the number of judges in each district and indicates how many were appointed by presidents from each major political party. It also includes the number of vacancies in a district and how many pending nominations for that district are before the United States Senate. The table can be sorted by clicking the column headers above the line, and you can navigate through the pages by clicking the arrows at the top of the table. It is updated every Monday.

### Judicial selection[edit]

The district courts are served by Article III federal judges who are appointed for life during "good behavior." They are usually first recommended by senators (or members of the House, occasionally). The President of the United States makes the appointments, which must then be confirmed by the U.S. Senate in accordance with Article III of the United States Constitution.[10]

Step  |  A Candidacy Proceeds  |  A Candidacy Halts

|
|

1\. Recommendation made by Congress Member to the President  |  President Nominates to Senate Judiciary Committee |  President Declines Nomination
2\. Senate Judiciary Committee interviews Candidate  |  Sends candidate to Senate for confirmation  |  Returns candidate to President, who may re-nominate to Committee
3\. Senate votes on candidate confirmation  |  Candidate becomes federal judge  |  Candidate does not receive judgeship

### Magistrate judges[edit]

The district courts are also served by magistrate judges. Congress created the judicial office of federal magistrate in 1968. In 1990, the position title was changed to magistrate judge. The chief judge of each district appoints one or more magistrate judges, who discharge many of the ancillary duties of district judges so judges can handle more trials. There are both full-time and part-time magistrate judge positions, and these positions are assigned to the district courts according to caseload criteria (subject to funding by Congress). A full-time magistrate judge serves a term of eight years; a part-time magistrate judge's term of office is four years.[12]

## See also[edit]

* United States Court of Appeals for the Ninth Circuit
* District of Alaska
* District of Arizona
* Central District of California
* Eastern District of California
* Northern District of California
* District of Hawaii
* District of Idaho
* District of Montana
* District of Nevada
* District of Oregon
* Eastern District of Washington
* Western District of Washington
* United States District Court for the District of Guam
* United States District Court for the Northern Mariana Islands

## External links[edit]

* Search Google News for this topic
* United States District Court for the Southern District of California Official Website
* Federal Judicial Center

## Footnotes[edit]

1. ↑ U.S. District Court – NH, "Magistrate Judges of the District Court," accessed April 27, 2021
2. ↑ United States Courts, "Frequently Asked Questions," accessed April 23, 2021
3. ↑ 3.0 3.1 Federal Judicial Center, "U.S. District Courts for the Districts of California," accessed April 29, 2021
4. ↑ 4.0 4.1 4.2 Courthouse News Service, "Judge Axes Donation Cap to San Diego Politicians," January 23, 2012
5. ↑ Federal Judicial Conference, "March 2019 Recommendations," accessed July 25, 2019
6. ↑ US Courts, "Table X-1A—Other Judicial Business (September 30, 2018)," accessed July 24, 2019
7. ↑ US Courts, "Governance & the Judicial Conference," accessed July 25, 2019
8. ↑ US Courts, "About the Judicial Conference," accessed July 25, 2019
9. ↑ US Courts, "Federal Judgeships," accessed May 10, 2021 (archived)
10. ↑ 10.0 10.1 U.S. Courts, "United States District Court Federal Judiciary Frequently Asked Questions," accessed May 10, 2021 (archived)
11. ↑ United States District Courts, "District Courts," accessed May 10, 2021
12. ↑ The 'Lectric Law Library, "Understanding the U.S. federal courts"

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v • e

Federal judges who have served the United States District Court for the Southern District of California

|

Active judges|

Chief Judge: Dana Sabraw • Janis Sammartino • Cathy Bencivengo • Cynthia A. Bashant • Gonzalo Curiel • Todd Robinson (California)

Senior judges|

Michael Anello • Larry Burns • Roger Benitez • William Hayes • Thomas Whelan • John Houston (California) • Barry Moskowitz • Jeffrey Miller • James Lorenz • Marilyn Huff • Anthony J. Battaglia •

Magistrate judges|  Barbara Major • Nita Stormes • William Gallo • Ruth Bermudez Montenegro • Karen Crawford • Ruben Brooks • Bernard Skomal • Jill L. Burkhardt • Mitchell D. Dembin • Andrew Schopler • Michael Berg (California) • Allison Goddard • Linda Lopez (California) • Daniel Butcher (California) •
Former Article III judges|

Erskine Mayo Ross • James Marshall Carter • Ogden Hoffman • James McHall Jones • Isaac Stockton Keith Ogier • Fletcher Mathews Haight • Olin Wellborn • Benjamin Franklin Bledsoe • Oscar Trippet • William James • Irma Gonzalez • Rudi Brewster • Gordon Thompson • Napoleon Jones • Edward Henning • Paul John McCormick • John Clifford Wallace • George Cosgrave • Harry Aaron Hollzer • Albert Lee Stephens, Sr. • Leon Rene Yankwich • Ralph Jenney • Campbell Beaumont • Albert Lee Stephens, Jr. • William Byrne, Sr. • Charles Carr • Thurmond Clarke • Elisha Crary • Jesse Curtis • William Gray (California) • Peirson Hall • Andrew Hauk • Irving Hill • Reuben Brooks • Leo Papas • Francis Whelan • Earl Gilliam • Lawrence Irving • Judith Keep • Fred Kunzel • William Mathes • Leland Nielsen • James O'Connor (California) • John Rhoades • Edward Schwartz • Ernest Tolin • Jacob Weinberger • Harry Westover • Howard Turrentine • Benjamin Harrison (Federal Judge) •

Former Chief judges|

James Marshall Carter • Irma Gonzalez • Gordon Thompson • Larry Burns • Marilyn Huff • Paul John McCormick • Leon Rene Yankwich • William Byrne, Sr. • Thurmond Clarke • Peirson Hall • Judith Keep • Fred Kunzel • William Mathes • Edward Schwartz • Howard Turrentine • Benjamin Harrison (Federal Judge) •