United States District Court for the Eastern District of Louisiana

United States federal district court in Louisiana
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Appeals toFifth CircuitEstablishedMarch 3, 1881Judges12Chief JudgeNannette Jolivette BrownOfficers of the courtU.S. AttorneyDuane A. EvansU.S. MarshalEnix Smith IIIwww.laed.uscourts.gov

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.

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[update], 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 January 16, 2024[update]:

# 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
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 Brandon Scott Long New Orleans 1976 2023–present — — Biden
61 District Judge vacant — — — — — —
62 District Judge vacant — — — — — —
41 Senior Judge Helen Ginger Berrigan inactive 1948 1994–2016 2001–2008 2016–present Clinton
43 Senior Judge Sarah S. Vance New Orleans 1950 1994–2024 2008–2015 2024–present Clinton
46 Senior Judge Eldon E. Fallon New Orleans 1939 1995–2024 — 2024–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
9 New Orleans Eldon E. Fallon Senior status January 1, 2024 – –
5 Sarah S. Vance January 16, 2024 – –

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.
  1. ^ a b c Reassigned from the District of Louisiana.
  2. ^ a b c d e Jointly appointed to both the Eastern and Western Districts of Louisiana.
  3. ^ Recess appointment; formally nominated on February 8, 1864, confirmed by the United States Senate on February 17, 1864, and received commission the same day.
  4. ^ Recess appointment; formally nominated on December 8, 1925, confirmed by the Senate on December 21, 1925, and received commission the same day.
  5. ^ Recess appointment; formally nominated on December 6, 1928, confirmed by the Senate on December 17, 1928, and received commission the same day.
  6. ^ 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

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
Burns 1925–1928
Borah 1928–1949
Wright 1950–1962
Ellis 1962–1965
Heebe 1966–1992
Jones II 1994–1996
Barbier 1998–2023
Papillion 2023–present
Seat 2
Seat established on March 18, 1938 by 52 Stat. 110
Caillouet 1940–1946
Christenberry, Sr. 1947–1975
Schwartz, Jr. 1976–1991
Clement 1991–2001
Africk 2002–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 4
Seat established on May 19, 1961 by 75 Stat. 80
Ainsworth, Jr. 1961–1966
Boyle, Sr. 1966–1981
McNamara 1982–2001
Zainey 2002–present

Seat 5
Seat established on March 18, 1966 by 80 Stat. 75
Mitchell 1966–1981
Mentz, Jr. 1982–1992
Vance 1994–2024
vacant 2024–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 7
Seat established on March 18, 1966 by 80 Stat. 75
Rubin 1966–1977
Collins 1978–1993
Porteous, Jr. 1994–2010
Morgan 2012–present
Seat 8
Seat established on March 18, 1966 by 80 Stat. 75
Comiskey 1967–1975
Sear 1976–2000
Engelhardt 2001–2018
Guidry 2019–present

Seat 9
Seat established on June 2, 1970 by 84 Stat. 294
R. West 1971–1978
Duplantier, Sr. 1978–1994
Fallon 1995–2024
vacant 2024–present
Seat 10
Seat established on June 2, 1970 by 84 Stat. 294
Gordon 1971–1982
Feldman 1983–2022
Long 2023–present
Seat 11
Seat established on October 20, 1978 by 92 Stat. 1629
Carr 1979–1991
Berrigan 1994–2016
Vitter 2019–present
Seat 12
Seat established on October 20, 1978 by 92 Stat. 1629
Arceneaux, Jr. 1979–1993
Duval, Jr. 1994–2008
Brown 2011–present

Seat 13
Seat established on October 20, 1978 by 92 Stat. 1629
Wicker 1979–1994
Lemelle 1998–2015
Ashe 2018–present
Seat 14
Seat established on October 20, 1978 by 92 Stat. 1629
Beer 1979–1994
Lemmon 1996–2011
Milazzo 2011–present

List of U.S. Attorneys

The U.S. Attorney is the chief law-enforcement officer for the district.[6]

This list is incomplete; you can help by adding missing items. (July 2023)

See also

References

  1. ^ "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.
  2. ^ "Meet the U.S. Attorney". United States Department of Justice. July 29, 2022. Retrieved 2023-01-08.
  3. ^ 28 U.S.C. § 98
  4. ^ a b c d e f g h U.S. District Courts of Louisiana, Legislative history, Federal Judicial Center.
  5. ^ a b Asbury Dickens, A Synoptical Index to the Laws and Treaties of the United States of America (1852), p. 392.
  6. ^ 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.
  7. ^ "The Political Graveyard: U.S. District Attorneys in Louisiana". politicalgraveyard.com. Retrieved 2024-04-17.
  8. ^ "The United States Department of Justice - United States Attorney's Office". web.archive.org. 2013-01-12. Retrieved 2024-04-17.

External links

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