United States District Court for the Eastern District of Louisiana
The United States District Court for the Eastern District of Louisiana (in case citations, E.D. La.) is a United States federal court based in New Orleans.
United States District Court for the Eastern District of Louisiana | |
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(E.D. La.) | |
Location | New Orleans More locations |
Appeals to | Fifth Circuit |
Established | March 3, 1881 |
Judges | 12 |
Chief Judge | Nannette Jolivette Brown |
Officers of the court | |
U.S. Attorney | Duane A. Evans |
U.S. Marshal | Enix Smith III |
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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).
As of March 1, 2021, the United States attorney for the Eastern District of Louisiana is Duane A. Evans.[1][2]
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.[3]
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.[4] The United States District Court for the District of Louisiana was established on April 8, 1812, by 2 Stat. 701,[4][5] 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.[4][5]
On February 13, 1845, Louisiana was reorganized into a single District with one judgeship, by 5 Stat. 722,[4] but was again divided into Eastern and the Western Districts on March 3, 1849, by 9 Stat. 401.[4] Congress again abolished the Western District of Louisiana and reorganized Louisiana as a single judicial district on July 27, 1866, by 14 Stat. 300.[4] 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.[4] The Middle District was formed from portions of those two Districts on December 18, 1971, by 85 Stat. 741.[4]
After the United States District Court for the Canal Zone was abolished on March 31, 1982, all pending litigation was transferred to the Eastern District of Louisiana.
Current judges
As of June 1, 2023:
# | Title | Judge | Duty station | Born | Term of service | Appointed by | ||
---|---|---|---|---|---|---|---|---|
Active | Chief | Senior | ||||||
53 | Chief Judge | Nannette Jolivette Brown | New Orleans | 1963 | 2011–present | 2018–present | — | Obama |
43 | District Judge | Sarah S. Vance | New Orleans | 1950 | 1994–present | 2008–2015 | — | Clinton |
46 | District Judge | Eldon E. Fallon | New Orleans | 1939 | 1995–present | — | — | Clinton |
51 | District Judge | Jay C. Zainey | New Orleans | 1951 | 2002–present | — | — | G.W. Bush |
52 | District Judge | Lance Africk | New Orleans | 1951 | 2002–present | — | — | G.W. Bush |
54 | District Judge | Jane Triche Milazzo | New Orleans | 1957 | 2011–present | — | — | Obama |
55 | District Judge | Susie Morgan | New Orleans | 1953 | 2012–present | — | — | Obama |
56 | District Judge | Barry Ashe | New Orleans | 1956 | 2018–present | — | — | Trump |
57 | District Judge | Wendy Vitter | New Orleans | 1961 | 2019–present | — | — | Trump |
58 | District Judge | Greg G. Guidry | New Orleans | 1960 | 2019–present | — | — | Trump |
59 | District Judge | Darrel J. Papillion | New Orleans | 1968 | 2023–present | — | — | Biden |
60 | District Judge | vacant | — | — | — | — | — | — |
41 | Senior Judge | Helen Ginger Berrigan | inactive | 1948 | 1994–2016 | 2001–2008 | 2016–present | Clinton |
47 | Senior Judge | Mary Ann Vial Lemmon | New Orleans | 1941 | 1996–2011 | — | 2011–present | Clinton |
48 | Senior Judge | Ivan L. R. Lemelle | New Orleans | 1950 | 1998–2015 | — | 2015–present | Clinton |
49 | Senior Judge | Carl Barbier | New Orleans | 1944 | 1998–2023 | — | 2023–present | Clinton |
Vacancies and pending nominations
Seat | Prior judge's duty station | Seat last held by | Vacancy reason | Date of vacancy | Nominee | Date of nomination |
---|---|---|---|---|---|---|
10 | New Orleans | Martin Leach-Cross Feldman | Death | January 26, 2022 | Brandon Scott Long | June 8, 2023 |
9 | Eldon E. Fallon | Senior status | January 1, 2024[6] | – | – |
Former judges
# | Judge | State | Born–died | Active service | Chief Judge | Senior status | Appointed by | Reason for termination |
---|---|---|---|---|---|---|---|---|
1 | John Dick | LA | 1788–1824 | 1823–1824[Note 1][Note 2] | — | — | Madison/Operation of law | death |
2 | Thomas B. Robertson | LA | 1779–1828 | 1824–1828[Note 2] | — | — | Monroe | death |
3 | Samuel Hadden Harper | LA | 1783–1837 | 1829–1837[Note 2] | — | — | Jackson | death |
4 | Philip Kissick Lawrence | LA | c.1793–1841 | 1837–1841[Note 2] | — | — | Van Buren | death |
5 | Theodore Howard McCaleb | LA | 1810–1864 | 1841–1845[Note 2] 1849–1861[Note 1] |
— | — | Tyler Operation of law |
reassignment to D. La. resignation |
6 | Edward Henry Durell | LA | 1810–1887 | 1863–1866[Note 3] | — | — | Lincoln | reassignment to D. La. |
7 | Edward Coke Billings | LA | 1829–1893 | 1881–1893[Note 1] | — | — | Grant/Operation of law | death |
8 | Charles Parlange | LA | 1851–1907 | 1894–1907 | — | — | Cleveland | death |
9 | Eugene Davis Saunders | LA | 1853–1914 | 1907–1909 | — | — | T. Roosevelt | resignation |
10 | Rufus Edward Foster | LA | 1871–1942 | 1909–1925 | — | — | T. Roosevelt | elevation to 5th Cir. |
11 | Charlton Beattie | LA | 1869–1925 | 1925 | — | — | Coolidge | death |
12 | Louis Henry Burns | LA | 1878–1928 | 1925–1928[Note 4] | — | — | Coolidge | death |
13 | Wayne G. Borah | LA | 1891–1966 | 1928–1949[Note 5] | — | — | Coolidge | elevation to 5th Cir. |
14 | Adrian Joseph Caillouet | LA | 1883–1946 | 1940–1946 | — | — | F. Roosevelt | death |
15 | Herbert William Christenberry | LA | 1897–1975 | 1947–1975 | 1949–1967 | — | Truman | death |
16 | J. Skelly Wright | LA | 1911–1988 | 1949–1962[Note 6] | — | — | Truman | elevation to D.C. Cir. |
17 | Elmer Gordon West | LA | 1914–1992 | 1961–1972 | 1967–1972 | — | Kennedy | reassignment to M.D. La. |
18 | Robert A. Ainsworth Jr. | LA | 1910–1981 | 1961–1966 | — | — | Kennedy | elevation to 5th Cir. |
19 | Frank Burton Ellis | LA | 1907–1969 | 1962–1965 | — | 1965–1969 | Kennedy | death |
20 | Frederick Jacob Reagan Heebe | LA | 1922–2014 | 1966–1992 | 1972–1992 | 1992–2014 | L. Johnson | death |
21 | Edward James Boyle Sr. | LA | 1913–2002 | 1966–1981 | — | 1981–2002 | L. Johnson | death |
22 | Fred James Cassibry | LA | 1918–1996 | 1966–1984 | — | 1984–1987 | L. Johnson | retirement |
23 | Lansing Leroy Mitchell | LA | 1914–2001 | 1966–1981 | — | 1981–2001 | L. Johnson | death |
24 | Alvin Benjamin Rubin | LA | 1920–1991 | 1966–1977 | — | — | L. Johnson | elevation to 5th Cir. |
25 | James August Comiskey | LA | 1926–2005 | 1967–1975 | — | — | L. Johnson | resignation |
26 | Jack Murphy Gordon | LA | 1931–1982 | 1971–1982 | — | — | Nixon | death |
27 | Roger Blake West | LA | 1928–1978 | 1971–1978 | — | — | Nixon | death |
28 | Charles Schwartz Jr. | LA | 1922–2012 | 1976–1991 | — | 1991–2012 | Ford | death |
29 | Morey Leonard Sear | LA | 1929–2004 | 1976–2000 | 1992–1999 | 2000–2004 | Ford | death |
30 | Robert Frederick Collins | LA | 1931–present | 1978–1993 | — | — | Carter | resignation |
31 | Adrian G. Duplantier | LA | 1929–2007 | 1978–1994 | — | 1994–2007 | Carter | death |
32 | George Arceneaux | LA | 1928–1993 | 1979–1993 | — | — | Carter | death |
33 | Patrick Eugene Carr | LA | 1922–1998 | 1979–1991 | — | 1991–1998 | Carter | death |
34 | Veronica DiCarlo Wicker | LA | 1930–1994 | 1979–1994 | — | — | Carter | death |
35 | Peter Beer | LA | 1928–2018 | 1979–1994 | — | 1994–2018 | Carter | death |
36 | A. J. McNamara | LA | 1936–2014 | 1982–2001 | 1999–2001 | 2001–2014 | Reagan | death |
37 | Henry Mentz | LA | 1920–2005 | 1982–1992 | — | 1992–2001 | Reagan | retirement |
38 | Martin Leach-Cross Feldman | LA | 1934–2022 | 1983–2022 | — | — | Reagan | death |
39 | Marcel Livaudais Jr. | LA | 1925–2009 | 1984–1996 | — | 1996–2008 | Reagan | retirement |
40 | Edith Brown Clement | LA | 1948–present | 1991–2001 | 2001 | — | G.H.W. Bush | elevation to 5th Cir. |
42 | Stanwood Duval | LA | 1942–present | 1994–2008 | — | 2008–2017 | Clinton | retirement |
44 | Okla Jones II | LA | 1945–1996 | 1994–1996 | — | — | Clinton | death |
45 | Thomas Porteous | LA | 1946–2021 | 1994–2010 | — | — | Clinton | impeachment and conviction |
50 | Kurt D. Engelhardt | LA | 1960–present | 2001–2018 | 2015–2018 | — | G.W. Bush | elevation to 5th Cir. |
- Reassigned from the District of Louisiana.
- Jointly appointed to both the Eastern and Western Districts of Louisiana.
- Recess appointment; formally nominated on February 8, 1864, confirmed by the United States Senate on February 17, 1864, and received commission the same day.
- Recess appointment; formally nominated on December 8, 1925, confirmed by the Senate on December 21, 1925, and received commission the same day.
- Recess appointment; formally nominated on December 6, 1928, confirmed by the Senate on December 17, 1928, and received commission the same day.
- Recess appointment; formally nominated on January 5, 1950, confirmed by the Senate on March 8, 1950, and received commission on March 9, 1950.
Chief judges
Chief judges have administrative responsibilities with respect to their district court. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the district court judges. To be chief, 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 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.
When the office was created in 1948, the chief judge was 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. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.
Succession of seats
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List of U.S. Attorneys
The U.S. Attorney is the chief law-enforcement officer for the district.[7]
- John W. Smith (1821-1829)
- John Slidell (1829-1833)
- Henry Carlton (1833-1836)
- P. K. Lawrence (1836-1837)
- Thomas Slidell (1837-1838)
- Benjamin F. Linton (1838-1841)
- Balie Peyton (1841-1845)
- Solomon W. Downs (1845-1846)
- Thomas I. Durant (1846-1850)
- Logan Hunton (1850-1853)
- E. Warren Moise (1853-1855)
- Thomas S. McCay (1855-1856)
- Franklin H. Clack (1856-1857)
- Thomas J. Semmes (1857-1859)
- Henry C. Miller (1859-1863)
- Rufus Waples (1863)
- James R. Beckwith (1870)
- Albert H. Leonard (1878-1885)
- Charles Parlange (1885-1889)
- William Grant (1889-1892)
- Ferdinand B. Earhart (1892-1896)
- J. Ward Gurley Jr. (1896-1900)
- William W. Howe (1900-1907)
- Rufus E. Foster (1907-1909)
- Carlton R. Beattie (1909-1913)
- Walter Guion (1913-1917)
- Joseph W. Montgomery (1917-1919)
- Henry Mooney (1919-1921)
- Louis H. Burns (1921-1925)
- Wayne G. Borah (1925-1928)
- Edmond E. Talbot (1928-1933)
- William H. Norman (1933)
- Rene A. Viosca (1933-1934)
- Warren Doyle (1934-1937)
- Herbert W. Christenberry (1937-1941)
- Robert Winestein (1941-1947)
- J. Skelly Wright (1948-1949)
- John M. McKay (1949-1950)
- George R. Blue (1950-1953)
- M. Hepburn Many (1953-1957)
- Kathleen Ruddell (1957-1961)
- Louis C. LaCour (1967-1969)
- Gerald J. Gallinghouse (1969-1978)
- John P. Volz (1978–?)
See also
- Courts of Louisiana
- List of current United States district judges
- List of United States federal courthouses in Louisiana
- United States Court of Appeals for the Fifth Circuit
- United States District Court for the Middle District of Louisiana
- United States District Court for the Western District of Louisiana
References
- "Assistant U.S. Attorney Duane A. Evans Appointed As Interim United States Attorney" (Press release). United States Attorney's Office. February 26, 2021. Retrieved March 8, 2021.
- "Meet the U.S. Attorney". United States Department of Justice. July 29, 2022. Retrieved 2023-01-08.
- 28 U.S.C. § 98
- U.S. District Courts of Louisiana, Legislative history, Federal Judicial Center.
- Asbury Dickens, A Synoptical Index to the Laws and Treaties of the United States of America (1852), p. 392.
- Future Judicial Vacancies
- Executive Office for United States Attorneys (1989). Bicentennial Celebration of United States Attorneys, 1789–1989 (PDF) (Report). Washington, District of Columbia: United States Department of Justice. Retrieved 2023-06-19.