The U.S. District Court for the Eastern District of Louisiana (in case citations, E.D. La.) is a federal trial court based in New Orleans. Like all U.S. district courts, the court has original jurisdiction over civil actions arising under the Constitution, laws, and treaties of the United States;[1] certain civil actions between citizens of different states;[2] civil actions within the admiralty or maritime jurisdiction of the United States;[3] criminal prosecutions brought by the United States;[4] and many other types of cases and controversies.[5] It also has appellate jurisdiction over a very limited class of judgments, orders, and decrees.[6]
Appeals from the Eastern District of Louisiana are taken to the United States Court of Appeals for the Fifth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).
Jurisdiction
This district comprises the following parishes: Assumption, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John the Baptist, St. Tammany, Tangipahoa, Terrebonne and Washington.[7]
History
On March 26, 1804, Congress organized the Territory of Orleans and created the United States District Court for the District of Orleans — the only time Congress provided a territory with a district court equal in its authority and jurisdiction to those of the states.[8] The United States District Court for the District of Louisiana was established on April 8, 1812, by 2 Stat. 701,[8][9] several weeks before Louisiana was formally admitted as a state of the union. The District was thereafter subdivided and reformed several times. It was first subdivided into Eastern and Western Districts on March 3, 1823, by 3 Stat. 774.[8][9]
On February 13, 1845, Louisiana was reorganized into a single District with one judgeship, by 5 Stat. 722,[8] but was again divided into Eastern and the Western Districts on March 3, 1849, by 9 Stat. 401.[8] Congress again abolished the Western District of Louisiana and reorganized Louisiana as a single judicial district on July 27, 1866, by 14 Stat. 300.[8] On March 3, 1881, by 21 Stat. 507, Louisiana was for a third time divided into Eastern and the Western Districts, with one judgeship authorized for each.[8] The Middle District was formed from portions of those two Districts on December 18, 1971, by 85 Stat. 741.[8]
Current judges
The court has twelve authorized judgeships. The Hon. Kurt Engelhardt has been Chief Judge since 2015. In addition to the active district judges, the court currently has four senior district judges and six magistrate judges.
Vacancies and pending nominations
Former judges
# |
Judge |
State |
Born–died |
Active service |
Chief Judge |
Age at appointment |
Senior status |
Appointed by |
Reason for termination |
1 |
Dick, JohnJohn Dick |
LA |
1788–1824 |
1823[10]–1824 |
— |
{{{age at appointment}}} |
— |
Monroe, Monroe |
death |
2 |
Robertson, Thomas B.Thomas B. Robertson |
LA |
1779–1828 |
1824–1828 |
— |
{{{age at appointment}}} |
— |
Monroe, Monroe |
death |
3 |
Harper, Samuel HaddenSamuel Hadden Harper |
LA |
1783–1837 |
1829–1837 |
— |
{{{age at appointment}}} |
— |
Jackson, Jackson |
death |
4 |
Lawrence, Philip KissickPhilip Kissick Lawrence |
LA |
unknown–1841 |
1837–1841 |
— |
{{{age at appointment}}} |
— |
Van Buren, Van Buren |
death |
5 |
McCaleb, Theodore HowardTheodore Howard McCaleb |
LA |
1810–1864 |
1841–1861[11] |
— |
{{{age at appointment}}} |
— |
Tyler, Tyler |
resignation |
6 |
Durell, Edward HenryEdward Henry Durell |
LA |
1810–1887 |
1863[12]–1866 |
— |
{{{age at appointment}}} |
— |
Lincoln, Lincoln |
reassignment |
7 |
Billings, Edward CokeEdward Coke Billings |
LA |
1829–1893 |
1876–1893 |
— |
{{{age at appointment}}} |
— |
Grant, Grant |
death |
8 |
Parlange, CharlesCharles Parlange |
LA |
1851–1907 |
1894–1907 |
— |
{{{age at appointment}}} |
— |
Cleveland, Cleveland |
death |
9 |
Saunders, Eugene DavisEugene Davis Saunders |
LA |
1853–1914 |
1907–1909 |
— |
{{{age at appointment}}} |
— |
Roosevelt, T.T. Roosevelt |
resignation |
10 |
Foster, Rufus EdwardRufus Edward Foster |
LA |
1871–1942 |
1909–1925 |
— |
{{{age at appointment}}} |
— |
Roosevelt, T.T. Roosevelt |
reappointment |
11 |
Beattie, Charlton ReidCharlton Reid Beattie |
LA |
1869–1925 |
1925 |
— |
{{{age at appointment}}} |
— |
Coolidge, Coolidge |
death |
12 |
Burns, Louis HenryLouis Henry Burns |
LA |
1878–1928 |
1925–1928 |
— |
{{{age at appointment}}} |
— |
Coolidge, Coolidge |
death |
13 |
Borah, Wayne G.Wayne G. Borah |
LA |
1891–1966 |
1928–1949 |
— |
{{{age at appointment}}} |
— |
Coolidge, Coolidge |
reappointment |
14 |
Caillouet, Adrian JosephAdrian Joseph Caillouet |
LA |
1883–1946 |
1940–1946 |
— |
{{{age at appointment}}} |
— |
Roosevelt, F.F. Roosevelt |
death |
15 |
Christenberry, Herbert WilliamHerbert William Christenberry |
LA |
1897–1975 |
1947–1975 |
1949–1967 |
{{{age at appointment}}} |
— |
Truman, Truman |
death |
16 |
Wright, J. SkellyJ. Skelly Wright |
LA |
1911–1988 |
1949[13]–1962 |
— |
{{{age at appointment}}} |
— |
Truman, Truman |
reappointment |
17 |
West, Elmer GordonElmer Gordon West |
LA |
1914–1992 |
1961–1972 |
1967–1972 |
{{{age at appointment}}} |
— |
Kennedy, Kennedy |
reassignment |
18 |
Ainsworth, Jr., Robert AndrewRobert Andrew Ainsworth, Jr. |
LA |
1910–1981 |
1961–1966 |
— |
{{{age at appointment}}} |
— |
Kennedy, Kennedy |
reappointment |
19 |
Ellis, Frank BurtonFrank Burton Ellis |
LA |
1907–1969 |
1962–1965 |
— |
{{{age at appointment}}} |
1965–1969 |
Kennedy, Kennedy |
death |
20 |
Reagan Heebe, Frederick JacobFrederick Jacob Reagan Heebe |
LA |
1922–2014 |
1966–1992 |
1972–1992 |
{{{age at appointment}}} |
1992–2014 |
Johnson, L.L. Johnson |
death |
21 |
Boyle Sr., Edward JamesEdward James Boyle Sr. |
LA |
1913–2002 |
1966–1981 |
— |
{{{age at appointment}}} |
1981–2002 |
Johnson, L.L. Johnson |
death |
22 |
Cassibry, Fred JamesFred James Cassibry |
LA |
1918–1996 |
1966–1984 |
— |
{{{age at appointment}}} |
1984–1987 |
Johnson, L.L. Johnson |
retirement |
23 |
Mitchell, Lansing LeroyLansing Leroy Mitchell |
LA |
1914–2001 |
1966–1981 |
— |
{{{age at appointment}}} |
1981–2001 |
Johnson, L.L. Johnson |
death |
24 |
Rubin, Alvin BenjaminAlvin Benjamin Rubin |
LA |
1920–1991 |
1966–1977 |
— |
{{{age at appointment}}} |
— |
Johnson, L.L. Johnson |
reappointment |
25 |
Comiskey, James AugustJames August Comiskey |
LA |
1926–2005 |
1967–1975 |
— |
{{{age at appointment}}} |
— |
Johnson, L.L. Johnson |
resignation |
26 |
Gordon, Jack MurphyJack Murphy Gordon |
LA |
1931–1982 |
1971–1982 |
— |
{{{age at appointment}}} |
— |
Nixon, Nixon |
death |
27 |
West, Roger BlakeRoger Blake West |
LA |
1928–1978 |
1971–1978 |
— |
{{{age at appointment}}} |
— |
Nixon, Nixon |
death |
28 |
Schwartz, CharlesCharles Schwartz |
LA |
1922–2012 |
1976–1991 |
— |
{{{age at appointment}}} |
1991–2012 |
Ford, Ford |
death |
29 |
Sear, Morey LeonardMorey Leonard Sear |
LA |
1929–2004 |
1976–2000 |
1992–1999 |
{{{age at appointment}}} |
2000–2004 |
Ford, Ford |
death |
30 |
Collins, Robert FrederickRobert Frederick Collins |
LA |
1931–present |
1978–1993 |
— |
{{{age at appointment}}} |
— |
Carter, Carter |
resignation |
31 |
Duplantier, Adrian G.Adrian G. Duplantier |
LA |
1929–2007 |
1978–1994 |
— |
{{{age at appointment}}} |
1994–2007 |
Carter, Carter |
death |
32 |
Arceneaux, Jr., GeorgeGeorge Arceneaux, Jr. |
LA |
1928–1993 |
1979–1993 |
— |
{{{age at appointment}}} |
— |
Carter, Carter |
death |
33 |
Carr, Patrick EugenePatrick Eugene Carr |
LA |
1922–1998 |
1979–1991 |
— |
{{{age at appointment}}} |
1991–1998 |
Carter, Carter |
death |
34 |
Wicker, Veronica DiCarloVeronica DiCarlo Wicker |
LA |
1930–1994 |
1979–1994 |
— |
{{{age at appointment}}} |
— |
Carter, Carter |
death |
36 |
McNamara, A.J.A.J. McNamara |
LA |
1936–2014 |
1982–2001 |
1999–2001 |
{{{age at appointment}}} |
2001–2014 |
Reagan, Reagan |
death |
37 |
Mentz Jr., Henry AlvanHenry Alvan Mentz Jr. |
LA |
1920–2005 |
1982–1992 |
— |
{{{age at appointment}}} |
1992–2001 |
Reagan, Reagan |
retirement |
39 |
Livaudais, Jr., MarcelMarcel Livaudais, Jr. |
LA |
1925–2009 |
1984–1996 |
— |
{{{age at appointment}}} |
1996–2008 |
Reagan, Reagan |
retirement |
40 |
Clement, Edith BrownEdith Brown Clement |
LA |
1948–present |
1991–2001 |
2001 |
{{{age at appointment}}} |
— |
Bush, G.H.W.G.H.W. Bush |
reappointment |
44 |
Jones II, OklaOkla Jones II |
LA |
1945–1996 |
1994–1996 |
— |
{{{age at appointment}}} |
— |
Clinton, Clinton |
death |
45 |
Porteous, ThomasThomas Porteous |
LA |
1946–present |
1994–2010 |
— |
{{{age at appointment}}} |
— |
Clinton, Clinton |
removal[Note 1] |
- ↑ Impeached and convicted
Succession of seats
Seat 1 |
Seat reassigned from District of Louisiana on March 3, 1823 by 3 Stat. 774 (concurrent with Western District) |
Dick | 1823–1824 |
Robertson | 1824–1828 |
Harper | 1829–1837 |
Lawrence | 1837–1841 |
McCaleb | 1841–1845 |
Seat reassigned to District of Louisiana on February 13, 1845 by 5 Stat. 722 |
Seat reassigned from District of Louisiana on March 3, 1849 by 9 Stat. 401 |
McCaleb | 1849–1861 |
Durell | 1864–1866 |
Seat reassigned to District of Louisiana on July 27, 1866 by 14 Stat. 300 |
Seat reassigned from District of Louisiana on March 3, 1881 by 21 Stat. 507 |
Billings | 1881–1893 |
Parlange | 1894–1907 |
Saunders | 1907–1909 |
Foster | 1909–1925 |
Beattie | 1925–1925 |
Burns | 1925–1928 |
Borah | 1928–1949 |
Wright | 1950–1962 |
Ellis | 1962–1965 |
Heebe | 1966–1992 |
Jones II | 1994–1996 |
Barbier | 1998–present |
|
|
Seat 3 |
Seat established on May 19, 1961 by 75 Stat. 80 |
E. West | 1961–1972 |
Seat reassigned to Middle District on April 16, 1972 by 85 Stat. 741 |
|
|
|
Seat 5 |
Seat established on March 18, 1966 by 80 Stat. 75 |
Mitchell | 1966–1981 |
Mentz, Jr. | 1982–1992 |
Vance | 1994–present |
|
Seat 6 |
Seat established on March 18, 1966 by 80 Stat. 75 |
Cassibry | 1966–1984 |
Livaudais, Jr. | 1984–1996 |
Seat reassigned to Middle District on October 6, 1997 by 111 Stat. 1173 |
|
|
Seat 8 |
Seat established on March 18, 1966 by 80 Stat. 75 |
Comiskey | 1967–1975 |
Sear | 1976–2000 |
Engelhardt | 2001–present |
|
|
|
Seat 10 |
Seat established on June 2, 1970 by 84 Stat. 294 |
Gordon | 1971–1982 |
Feldman | 1983–present |
|
Seat 11 |
Seat established on October 20, 1978 by 92 Stat. 1629 |
Carr | 1979–1991 |
Berrigan | 1994–present |
|
|
|
Seat 13 |
Seat established on October 20, 1978 by 92 Stat. 1629 |
Wicker | 1979–1994 |
Lemelle | 1998–2015 |
vacant | 2015–present |
|
Seat 14 |
Seat established on October 20, 1978 by 92 Stat. 1629 |
Beer | 1979–1994 |
Lemmon | 1996–2011 |
Milazzo | 2011–present |
|
|
United States Attorney
Kenneth Allen Polite, Jr. has served as the United States Attorney for the Eastern District of Louisiana since September 20, 2013.
See also
References
- ↑ 28 U.S.C. § 1331
- ↑ 28 U.S.C. § 1332
- ↑ 28 U.S.C. § 1333
- ↑ 18 U.S.C. § 3231
- ↑ Title 28, United States Code, Chapter 85
- ↑ Under 28 U.S.C. § 158(a)(1), for example, the U.S. district courts are authorized to hear appeals from final judgments, orders, and decrees of U.S. bankruptcy judges.
- ↑ 28 U.S.C. § 98(a)
- 1 2 3 4 5 6 7 8 U.S. District Courts of Louisiana, Legislative history, Federal Judicial Center.
- 1 2 Asbury Dickens, A Synoptical Index to the Laws and Treaties of the United States of America (1852), p. 392.
- ↑ Dick was appointed to the District of Louisiana on March 2, 1821; when the District was subdivided into Eastern and Western Districts, he was reassigned to both by operation of law.
- ↑ From February 13, 1845 to March 3, 1849, the Eastern District of Louisiana was recombined with the Western to form a single District of Louisiana; McCaleb continued his service throughout this period as a judge of the District of Louisiana.
- ↑ Recess appointment; formally nominated on February 8, 1864, confirmed by the United States Senate on February 17, 1864, and received commission on February 17, 1864.
- ↑ Recess appointment; formally nominated on January 5, 1950, confirmed by the United States Senate on March 8, 1950, and received commission on March 9, 1950.
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