United States District Court for the Southern District of California

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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 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]

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]

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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)  •