United States District Court for the Southern District of Ohio
The United States District Court for the Southern District of Ohio (in case citations, S.D. Ohio) is one of two United States district courts in Ohio and includes forty-eight of the state's eighty-eight counties. Appeals from the court are taken to the United States Court of Appeals for the Sixth Circuit at Cincinnati (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).
|United States District Court for the Southern District of Ohio|
|Appeals to||Sixth Circuit|
|Established||February 10, 1855|
|Chief Judge||Edmund A. Sargus Jr.|
The court is divided into two divisions. The Eastern Division, which sits in the Joseph P. Kinneary United States Courthouse at Columbus, serves the counties of Athens, Belmont, Coshocton, Delaware, Fairfield, Fayette, Franklin, Gallia, Guernsey, Harrison, Hocking, Jackson, Jefferson, Knox, Licking, Logan, Madison, Meigs, Monroe, Morgan, Morrow, Muskingum, Noble, Perry, Pickaway, Pike, Ross, Union, Vinton, and Washington
The Western Division sits at both Cincinnati and Dayton. Cases from the counties of Adams, Brown, Butler, Clermont, Clinton, Hamilton, Highland, Lawrence, Scioto, and Warren are heard at Cincinnati in the Potter Stewart United States Courthouse. Cases from the counties of Champaign, Clark, Darke, Greene, Miami, Montgomery, Preble, and Shelby are heard at Dayton.
The United States Attorney's Office of the Southern District of Ohio represents the United States in civil and criminal litigation in the court. As of February 4, 2017, the Acting United States Attorney is Benjamin C. Glassman. On February 12, 2014 Peter C. Tobin was confirmed to be the United States Marshal.
The United States District Court for the District of Ohio was established on February 19, 1803, by 2 Stat. 201. The act of authorized one judgeship for the court. The district court in Ohio, not being assigned to a judicial circuit, was granted the same jurisdiction as U.S. circuit courts, except in appeals and writs of error, which were the jurisdiction of the Supreme Court. By the act of February 24, 1807, 2 Stat. 420, the authority of the Ohio district court to exercise the jurisdiction of a U.S. circuit court was repealed, and Ohio was assigned to the newly organized Seventh Circuit. It also provided for a U.S. circuit court for the District of Ohio. The District was subdivided into Northern and Southern Districts on February 10, 1855, by 10 Stat. 604. The district judge serving the District of Ohio, Humphrey H. Leavitt, was reassigned to the Southern District of Ohio.
As of February 15, 2019[update]:
|#||Title||Judge||Duty station||Born||Term of service||Appointed by|
|30||Chief Judge||Edmund A. Sargus Jr.||Columbus||1953||1996–present||2015–present||—||Clinton|
|31||District Judge||Algenon L. Marbley||Columbus||1954||1997–present||—||—||Clinton|
|34||District Judge||Michael H. Watson||Columbus||1956||2004–present||—||—||G.W. Bush|
|36||District Judge||Timothy Black||Cincinnati||1953||2010–present||—||—||Obama|
|23||Senior Judge||Walter Herbert Rice||Dayton||1937||1980–2004||1996–2003||2004–present||Carter|
|25||Senior Judge||Herman Jacob Weber||Cincinnati||1927||1985–2002||—||2002–present||Reagan|
|26||Senior Judge||James L. Graham||Columbus||1939||1986–2004||2003–2004||2004–present||Reagan|
|27||Senior Judge||George Curtis Smith||Columbus||1935||1987–2002||—||2002–present||Reagan|
|28||Senior Judge||Sandra Beckwith||Cincinnati||1943||1992–2009||2004–2009||2009–present||G.H.W. Bush|
|29||Senior Judge||Susan J. Dlott||Cincinnati||1949||1995–2018||2009–2015||2018–present||Clinton|
|32||Senior Judge||Thomas M. Rose||Dayton||1948||2002–2017||—||2017–present||G.W. Bush|
|35||Senior Judge||Michael Ryan Barrett||Cincinnati||1951||2006–2019||—||2019–present||G.W. Bush|
Vacancies and pending nominationsEdit
|Seat||Seat last held by||Vacancy reason||Date of vacancy||Nominee||Date of nomination|
|2||Gregory L. Frost||Retirement||May 2, 2016||Sarah D. Morrison||January 23, 2019|
|9||Thomas M. Rose||Senior Status||June 30, 2017||Matthew W. McFarland|
|6||Susan J. Dlott||May 31, 2018||Douglas R. Cole||May 13, 2019|
|5||Michael Ryan Barrett||February 15, 2019||–||–|
|#||Judge||State||Born–died||Active service||Chief Judge||Senior status||Appointed by||Reason for|
|1||Humphrey H. Leavitt||OH||1796–1873||1855–1871[Note 1]||—||—||Jackson||retirement|
|2||Philip Bergen Swing||OH||1820–1882||1871–1882||—||—||Grant||death|
|3||William White||OH||1822–1883||1883[Note 2]||—||—||Arthur||death|
|4||George Read Sage||OH||1828–1898||1883–1898[Note 3]||—||—||Arthur||retirement|
|5||Albert C. Thompson||OH||1842–1910||1898–1910[Note 4]||—||—||McKinley||death|
|6||John Elbert Sater||OH||1854–1937||1907–1924[Note 5]||—||—||T. Roosevelt||retirement|
|7||Howard Clark Hollister||OH||1856–1919||1910–1919||—||—||Taft||death|
|8||John Weld Peck||OH||1874–1937||1919–1923||—||—||Wilson||resignation|
|9||Smith Hickenlooper||OH||1880–1933||1923–1929||—||—||Harding||appointment to 6th Cir.|
|10||Benson W. Hough||OH||1875–1935||1925–1935||—||—||Coolidge||death|
|11||Robert Reasoner Nevin||OH||1875–1952||1929–1952||1948–1952||—||Coolidge||death|
|12||Mell G. Underwood||OH||1892–1972||1936–1965||1953–1962||1965–1972||F. Roosevelt||death|
|13||John H. Druffel||OH||1886–1967||1937–1961[Note 6]||—||1961–1967||F. Roosevelt||death|
|14||Lester LeFevre Cecil||OH||1893–1982||1953–1959||—||—||Eisenhower||appointment to 6th Cir.|
|15||Carl Andrew Weinman||OH||1903–1979||1959–1973||1962–1973||1973–1979||Eisenhower||death|
|16||John Weld Peck II||OH||1913–1993||1961–1966[Note 7]||—||—||Kennedy||appointment to 6th Cir.|
|17||Joseph Peter Kinneary||OH||1905–2003||1966–1986||1973–1975||1986–2003||L. Johnson||death|
|18||Timothy Sylvester Hogan||OH||1909–1989||1966–1979||1975–1977||1979–1989||L. Johnson||death|
|19||David Stewart Porter||OH||1909–1989||1966–1979||1977–1979||1979–1989||L. Johnson||death|
|20||Carl Bernard Rubin||OH||1920–1995||1971–1995||1979–1990||—||Nixon||death|
|21||Robert Morton Duncan||OH||1927–2012||1974–1985||—||—||Nixon||resignation|
|22||John David Holschuh||OH||1926–2011||1980–1996||1990–1996||1996–2011||Carter||death|
|24||S. Arthur Spiegel||OH||1920–2014||1980–1995||—||1995–2014||Carter||death|
|33||Gregory L. Frost||OH||1949–present||2003–2016||—||—||G.W. Bush||retirement|
- Reassigned from District of Ohio
- White was confirmed and received his commission, but died without taking the oath of office or commencing service.
- Recess appointment; formally nominated on December 18, 1883, confirmed by the United States Senate on January 7, 1884, and received commission on January 7, 1884.
- Recess appointment; formally nominated on December 13, 1898, confirmed by the United States Senate on December 20, 1898, and received commission on December 20, 1898.
- Recess appointment; formally nominated on December 8, 1908, confirmed by the United States Senate on March 1, 1909, and received commission on March 1, 1909.
- Recess appointment; formally nominated on November 16, 1937, confirmed by the United States Senate on December 8, 1937, and received commission on December 14, 1937.
- Recess appointment; formally nominated on January 15, 1962, confirmed by the United States Senate on April 11, 1962, and received commission on April 12, 1962.
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
|Term start||Term end||United States Attorney|
|1855||1856||Hugh J. Jewett|
|1923||1925||Benson W. Hough|
|1944||1946||Byron B. Harlan|
|1961||1966||Joseph Peter Kinneary|
|1993||1996||Edmund A. Sargus Jr.|
|2009||2016||Carter M. Stewart|
|2016||Incumbent||Benjamin C. Glassman (Acting)|
- Asbury Dickens, A Synoptical Index to the Laws and Treaties of the United States of America (1852), p. 392.
- U.S. District Courts of Ohio, Legislative history, Federal Judicial Center.
- "History of the U.S. Attorney Southern District of Ohio". United States Attorney's Office Southern District of Ohio. Retrieved 2012-11-15.