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 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; certain civil actions between citizens of different states; civil actions within the admiralty or maritime jurisdiction of the United States; criminal prosecutions brought by the United States; and many other types of cases and controversies. It also has appellate jurisdiction over a very limited class of judgments, orders, and decrees.
|United States District Court for the Eastern District of Louisiana|
|Appeals to||Fifth Circuit|
|Established||March 3, 1881|
|Chief Judge||Nannette Jolivette Brown|
|Officers of the court|
|U.S. Attorney||Peter G. Strasser|
|U.S. Marshal||Scott Patrick Illing|
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).
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.
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. The United States District Court for the District of Louisiana was established on April 8, 1812, by 2 Stat. 701, 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.
On February 13, 1845, Louisiana was reorganized into a single District with one judgeship, by 5 Stat. 722, but was again divided into Eastern and the Western Districts on March 3, 1849, by 9 Stat. 401. Congress again abolished the Western District of Louisiana and reorganized Louisiana as a single judicial district on July 27, 1866, by 14 Stat. 300. 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. The Middle District was formed from portions of those two Districts on December 18, 1971, by 85 Stat. 741.
After the U.S. District Court for the Canal Zone was abolished on March 31, 1982, all pending litigation was transferred to E.D.La.
As of May 16, 2019[update]:
|#||Title||Judge||Duty station||Born||Term of service||Appointed by|
|53||District Judge||Nannette Jolivette Brown||New Orleans||1963||2011–present||2018–present||—||Obama|
|38||District Judge||Martin Leach-Cross Feldman||New Orleans||1934||1983–present||—||—||Reagan|
|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|
|49||District Judge||Carl Barbier||New Orleans||1944||1998–present||—||—||Clinton|
|51||District Judge||Jay C. Zainey||New Orleans||1951||2002–present||—||—||G.W. Bush|
|52||District Judge||Lance M. Africk||New Orleans||1951||2002–present||—||—||G.W. Bush|
|54||District Judge||Jane Margaret Triche Milazzo||New Orleans||1957||2011–present||—||—||Obama|
|55||District Judge||Susie Morgan||New Orleans||1953||2012–present||—||—||Obama|
|56||District Judge||Barry W. Ashe||New Orleans||1956||2018–present||—||—||Trump|
|57||District Judge||Wendy Vitter||New Orleans||1961||beg. 2019||—||—||Trump|
|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|
Vacancies and pending nominationsEdit
|Seat||Prior Judge's Duty Station||Seat last held by||Vacancy reason||Date of vacancy||Nominee||Date of nomination|
|8||New Orleans||Kurt D. Engelhardt||Elevation||May 15, 2018||Greg G. Guidry||January 17, 2019|
|#||Judge||State||Born–died||Active service||Chief Judge||Senior status||Appointed by||Reason for|
|2||Thomas B. Robertson||LA||1779–1828||1824–1828||—||—||Monroe||death|
|3||Samuel Hadden Harper||LA||1783–1837||1829–1837||—||—||Jackson||death|
|4||Philip Kissick Lawrence||LA||unknown–1841||1837–1841||—||—||Van Buren||death|
|5||Theodore Howard McCaleb||LA||1810–1864||1841–1845||—||—||Tyler||reassignment to D. La.|
|5.1||Theodore Howard McCaleb||LA||1810–1864||1849–1861||—||—||Tyler||resignation|
|6||Edward Henry Durell||LA||1810–1887||1863–1866||—||—||Lincoln||reassignment to D. La.|
|7||Edward Coke Billings||LA||1829–1893||1876–1893||—||—||Grant||death|
|9||Eugene Davis Saunders||LA||1853–1914||1907–1909||—||—||T. Roosevelt||resignation|
|10||Rufus Edward Foster||LA||1871–1942||1909–1925||—||—||T. Roosevelt||appointment to 5th Cir.|
|11||Charlton Reid Beattie||LA||1869–1925||1925||—||—||Coolidge||death|
|12||Louis Henry Burns||LA||1878–1928||1925–1928||—||—||Coolidge||death|
|13||Wayne G. Borah||LA||1891–1966||1928–1949||—||—||Coolidge||appointment 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||—||—||Truman||appointment to D.C. Cir.|
|17||Elmer Gordon West||LA||1914–1992||1961–1972||1967–1972||—||Kennedy||reassignment to M.D. La.|
|18||Robert Andrew Ainsworth Jr.||LA||1910–1981||1961–1966||—||—||Kennedy||appointment 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||appointment 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 Jr.||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 Hill 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|
|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||appointment to 5th Cir.|
|44||Okla Jones II||LA||1945–1996||1994–1996||—||—||Clinton||death|
|45||Thomas Porteous||LA||1946–present||1994–2010||—||—||Clinton||impeachment and conviction|
|50||Kurt D. Engelhardt||LA||1960–present||2001–2018||2015–2018||—||G.W. Bush||appointment to 5th Cir.|
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 seatsEdit
United States AttorneyEdit
- 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
- 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)
- 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.
- 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.
- 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.