United States District Court for the District of South Carolina

United States District Court for the District of South Carolina
(D.S.C.)
Appeals to: Fourth Circuit
Established: October 7, 1965
Judges assigned: 10
Chief Judge: Terry L. Wooten
http://www.scd.uscourts.gov/

The United States District Court for the District of South Carolina (in case citations, D.S.C.) is the federal district court whose jurisdiction is the state of South Carolina. Court is held in the cities of Aiken, Anderson, Beaufort, Charleston, Columbia, Florence, Greenville, and Spartanburg.

Appeals from the District of South Carolina are taken to the United States Court of Appeals for the Fourth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).

History

The District of South Carolina was one of the original 13 courts established by the Judiciary Act of 1789, 1 Stat. 73, on September 24, 1789.[1] It was subdivided into the United States District Court for the Eastern District of South Carolina and the United States District Court for the Western District of South Carolina Districts on February 21, 1823, by 3 Stat. 726.[1] The Eastern District was headquartered at Florence,[2] and the Western District was headquartered in Greenville.[3] The division was solely for the purposes of holding court – a single judge presided over both districts, and the act authorized no additional court staff.[1]

In 1898 the United States Supreme Court held in Barrett v. United States[4] that South Carolina legally constituted a single judicial district. Congress made another effort to subdivide the District on March 3, 1911, by 36 Stat. 1087, 1123. South Carolina was again split into Eastern and the Western Districts, with one judgeship authorized to serve both districts, effective January 1, 1912.[1] Congress finally authorized an additional judgeship for the Western District, and assigned the sitting judge exclusively to the Eastern District, on March 3, 1915, by 38 Stat. 961.[1] However, on October 7, 1965, by 79 Stat. 951, South Carolina was reorganized as a single judicial district with four judgeships authorized for the district court.[1] It has since remained a single District.

The United States Attorney for the District of South Carolina represents the United States in civil and criminal litigation in the court. Beth Drake is the acting U.S. attorney for the district following the resignation of predecessor Bill Nettles.[5]

Current judges

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
33 Chief Judge Terry L. Wooten Columbia 1954 2001–present 2013–present — G.W. Bush
26 District Judge David C. Norton Charleston 1946 1990–present 2007–2012 — G.H.W. Bush
35 District Judge Robert Bryan Harwell Florence 1959 2004–present — — G.W. Bush
36 District Judge Richard Mark Gergel Charleston 1954 2010–present — — Obama
37 District Judge J. Michelle Childs Columbia 1966 2010–present — — Obama
38 District Judge Timothy M. Cain Anderson 1961 2011–present — — Obama
39 District Judge Mary Geiger Lewis Spartanburg 1958 2012–present — — Obama
40 District Judge Bruce Howe Hendricks Greenville 1957 2014–present — — Obama
41 District Judge vacant — — — — — —
42 District Judge vacant — — — — — —
20 Senior Judge Charles Weston Houck Charleston 1933 1979–2003 1993–2000 2003–present Carter
25 Senior Judge Joseph Fletcher Anderson, Jr. Columbia 1949 1986–2014 2000–2007 2014–present Reagan
28 Senior Judge Henry Michael Herlong, Jr. Greenville 1944 1991–2009 — 2009–present G.H.W. Bush
30 Senior Judge Cameron McGowan Currie Columbia 1948 1994–2013 — 2013–present Clinton
31 Senior Judge Patrick Michael Duffy Charleston 1943 1995–2009 — 2009–present Clinton
32 Senior Judge Margaret B. Seymour Columbia 1947 1998–2013 2012–2013 2013–present Clinton

Vacancies and pending nominations

Seat Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination
8 Cameron McGowan Currie Senior status October 3, 2013 Donald W. Beatty February 25, 2016
5 Joseph Fletcher Anderson, Jr. Senior status November 16, 2014 Donald C. Coggins, Jr. February 25, 2016

Former judges

# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 Drayton, Sr., WilliamWilliam Drayton, Sr. SC 1732–1790 1789[6]–1790 — — Washington, Washington death
2 Bee, ThomasThomas Bee SC 1739–1812 1790–1812 — — Washington, Washington death
3 Drayton, JohnJohn Drayton SC 1766–1822 1812–1822 — — Madison, Madison death
4 Lee, ThomasThomas Lee SC 1769–1839 1823–1839 — — Monroe, Monroe death
5 Gilchrist, Robert BuddRobert Budd Gilchrist SC 1796–1856 1839[7]–1856 — — Van Buren, Van Buren death
6 Magrath, Andrew GordonAndrew Gordon Magrath SC 1813–1893 1856–1860 — — Pierce, Pierce resignation
7 Bryan, George SeabrookGeorge Seabrook Bryan SC 1809–1905 1866–1886 — — Johnson, A.A. Johnson retirement
8 Simonton, Charles HenryCharles Henry Simonton SC 1829–1904 1886[8]–1893 — — Cleveland, Cleveland appointment to 4th Cir.
9 Brawley, William H.William H. Brawley SC 1841–1916 1894–1911 — — Cleveland, Cleveland retirement
10 Smith, Henry Augustus MiddletonHenry Augustus Middleton Smith SC 1853–1924 1911–1912 — — Taft, Taft reassignment to E.D.S.C. / W.D.S.C.
11 Wyche, Charles CecilCharles Cecil Wyche SC 1885–1966 1965[9]–1966 — — Roosevelt, F.F. Roosevelt death
12 Martin, Jr., James RobertJames Robert Martin, Jr. SC 1909–1984 1965[10]–1979 1965–1979 1979–1984 Kennedy, Kennedy death
13 Hemphill, Robert W.Robert W. Hemphill SC 1915–1983 1965[11]–1980 1979–1980 1980–1983 Johnson, L.L. Johnson death
14 Simons, Jr., Charles EarlCharles Earl Simons, Jr. SC 1916–1999 1965[12]–1986 1980–1986 1986–1999 Johnson, L.L. Johnson death
15 Russell, Donald S.Donald S. Russell SC 1906–1998 1966–1971 — — Johnson, L.L. Johnson appointment to 4th Cir.
16 Chapman, Robert FosterRobert Foster Chapman SC 1926–present 1971–1981 — — Nixon, Nixon appointment to 4th Cir.
17 Blatt Jr., SolomonSolomon Blatt Jr. SC 1921–2016 1971–1990 1986–1990 1990–2016 Nixon, Nixon death
18 Perry, Jr., Matthew JamesMatthew James Perry, Jr. SC 1921–2011 1979–1995 — 1995–2011 Carter death
19 Hawkins, Jr., Falcon BlackFalcon Black Hawkins, Jr. SC 1927–2005 1979–1993 1990–1993 1993–2005 Carter, Carter death
21 Anderson, Jr., George RossGeorge Ross Anderson, Jr. SC 1929–present 1980–2009 — 2009–2016 Carter, Carter retirment
22 Wilkins, William WalterWilliam Walter Wilkins SC 1942–present 1981–1986 — — Reagan, Reagan appointment to 4th Cir.
23 Hamilton, Clyde H.Clyde H. Hamilton SC 1934–present 1981–1991 — — Reagan, Reagan appointment to 4th Cir.
24 Henderson, Karen L.Karen L. Henderson SC 1944–present 1986–1990 — — Reagan, Reagan appointment to D.C. Cir.
27 Shedd, DennisDennis Shedd SC 1953–present 1990–2002 — — Bush, G.H.W.G.H.W. Bush appointment to 4th Cir.
29 Traxler Jr., William ByrdWilliam Byrd Traxler Jr. SC 1948–present 1992–1998 — — Bush, G.H.W.G.H.W. Bush appointment to 4th Cir.
34 Floyd, Henry FranklinHenry Franklin Floyd SC 1947–present 2003–2011 — — Bush, G.W.G.W. Bush appointment to 4th Cir.

Succession of seats

Seat 1
Seat established on September 24, 1789 by 1 Stat. 73
W. Drayton 1789–1790
Bee 1790–1812
J. Drayton 1812–1822
Lee 1823–1839
Gilchrist 1840–1856
Magrath 1856–1860
Bryan 1866–1886
Simonton 1887–1893
Brawley 1894–1911
Smith 1911–1912
Seat reassigned to the Eastern and Western Districts on January 1, 1912, by 36 Stat. 1087, 1123
Seat 2
Seat reassigned from the Western District on November 1, 1965, by 79 Stat. 951
Wyche 1965–1966
Russell 1966–1971
Blatt, Jr. 1971–1990
Norton 1990–present
Seat 3
Seat reassigned from the Eastern and Western Districts on November 1, 1965, by 79 Stat. 951
Martin, Jr. 1965–1979
G. Anderson, Jr. 1980–2009
Childs 2010–present
Seat 4
Seat reassigned from the Eastern and Western Districts on November 1, 1965, by 79 Stat. 951
Hemphill 1965–1980
Wilkins 1981–1986
Henderson 1986–1990
Shedd 1990–2002
Floyd 2003–2011
Lewis 2012–present

Seat 5
Seat reassigned from the Eastern District on November 1, 1965, by 79 Stat. 951
Simons, Jr. 1965–1986
J. Anderson, Jr. 1986–2014
vacant 2014–present
Seat 6
Seat established on June 2, 1970, by 84 Stat. 294
Chapman 1971–1981
Hamilton 1981–1991
Traxler, Jr. 1992–1998
Seymour 1998–2013
Hendricks 2014–present
Seat 7
Seat established on October 20, 1978, by 92 Stat. 1629
Perry, Jr. 1979–1995
Duffy 1995–2009
Cain 2011–present
Seat 8
Seat established on October 20, 1978, by 92 Stat. 1629
Hawkins, Jr. 1979–1993
Currie 1994–2013
vacant 2013–present

Seat 9
Seat established on October 20, 1978, by 92 Stat. 1629
Houck 1979–2003
Harwell 2004–present
Seat 10
Seat established on December 1, 1990, by 104 Stat. 5089
Herlong, Jr. 1991–2009
Gergel 2010–present
Seat 11
Seat established on December 21, 2000 by 114 Stat. 2762
Wooten 2001–present

See also

Notes

  1. 1 2 3 4 5 6 U.S. District Courts of South Carolina, Legislative history, Federal Judicial Center.
  2. ↑ The Florence, South Carolina, courthouse, Federal Judicial Center.
  3. ↑ The Greenville, South Carolina, courthouse, Federal Judicial Center.
  4. ↑ Barrett v. United States, 169 U.S. 219 (1898).
  5. ↑ Kinnard, Meg (15 June 2016). "US Attorney steps down months before church shooting trial". Associated Press. Retrieved 20 October 2016.
  6. ↑ Recess appointment; formally nominated on February 8, 1790, confirmed by the United States Senate on February 10, 1790, and received commission on February 10, 1790.
  7. ↑ Recess appointment; formally nominated on January 29, 1840, confirmed by the United States Senate on February 17, 1840, and received commission on February 17, 1840.
  8. ↑ Recess appointment; formally nominated on December 9, 1886, confirmed by the United States Senate on January 13, 1887, and received commission on January 13, 1887.
  9. ↑ Initially appointed to the Western District of South Carolina in 1937 by Franklin D. Roosevelt; reassigned to the District of South Carolina in 1965.
  10. ↑ Initially appointed to both the Eastern District of South Carolina and the Western District of South Carolina in 1961 by John F. Kennedy; reassigned to the District of South Carolina in 1965.
  11. ↑ Initially appointed to both the Eastern District of South Carolina and the Western District of South Carolina in 1964 by Lyndon B. Johnson; reassigned to the District of South Carolina in 1965.
  12. ↑ Initially appointed to the Eastern District of South Carolina in 1964 by Lyndon B. Johnson; reassigned to the District of South Carolina in 1965.

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