United States District Court for the Eastern District of Louisiana

United States District Court for the Eastern District of Louisiana
(E.D. La.)
Appeals to:	Fifth Circuit
Established:	March 3, 1849
Judges assigned:	12
Chief Judge:	Kurt Engelhardt
http://www.laed.uscourts.gov/

The U.S. 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;^[1] certain civil actions between citizens of different states;^[2] civil actions within the admiralty or maritime jurisdiction of the United States;^[3] criminal prosecutions brought by the United States;^[4] and many other types of cases and controversies.^[5] It also has appellate jurisdiction over a very limited class of judgments, orders, and decrees.^[6]

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).

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.^[7]

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.^[8] The United States District Court for the District of Louisiana was established on April 8, 1812, by 2 Stat. 701,^[8][9] 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.^[8][9]

On February 13, 1845, Louisiana was reorganized into a single District with one judgeship, by 5 Stat. 722,^[8] but was again divided into Eastern and the Western Districts on March 3, 1849, by 9 Stat. 401.^[8] Congress again abolished the Western District of Louisiana and reorganized Louisiana as a single judicial district on July 27, 1866, by 14 Stat. 300.^[8] 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.^[8] The Middle District was formed from portions of those two Districts on December 18, 1971, by 85 Stat. 741.^[8]

Current judges

The court has twelve authorized judgeships. The Hon. Kurt Engelhardt has been Chief Judge since 2015. In addition to the active district judges, the court currently has four senior district judges and six magistrate judges.

#	Title	Judge	Duty station	Born	Term of service			Appointed by
					Active	Chief	Senior
50	Chief Judge	Kurt Engelhardt	New Orleans	1960	2001–present	2015–present	—	G.W. Bush
38	District Judge	Martin Leach-Cross Feldman	New Orleans	1934	1983–present	—	—	Reagan
43	District Judge	Sarah Vance	New Orleans	1950	1994–present	2008–2015	—	Clinton
46	District Judge	Eldon Fallon	New Orleans	1939	1995–present	—	—	Clinton
49	District Judge	Carl Barbier	New Orleans	1944	1998–present	—	—	Clinton
51	District Judge	Jay Zainey	New Orleans	1951	2002–present	—	—	G.W. Bush
52	District Judge	Lance Africk	New Orleans	1951	2002–present	—	—	G.W. Bush
53	District Judge	Nannette Jolivette Brown	New Orleans	1963	2011–present	—	—	Obama
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	vacant	—	—	—	—	—	—
57	District Judge	vacant	—	—	—	—	—	—
35	Senior Judge	Peter Hill Beer	New Orleans	1928	1979–1994	—	1994–present	Carter
41	Senior Judge	Helen Ginger Berrigan	New Orleans	1948	1994–2016	2001–2008	2016–present	Clinton
42	Senior Judge	Stanwood Duval	New Orleans	1942	1994–2008	—	2008–present	Clinton
47	Senior Judge	Mary Ann Lemmon	New Orleans	1941	1996–2011	—	2011–present	Clinton
48	Senior Judge	Ivan Lemelle	New Orleans	1950	1998–2015	—	2015–present	Clinton

Vacancies and pending nominations

Seat	Seat last held by	Vacancy reason	Date of vacancy	Nominee	Date of nomination
13	Ivan Lemelle	Senior Status	June 29, 2015	Claude J. Kelly III	February 4, 2016
11	Helen Ginger Berrigan	Senior Status	August 23, 2016	—	—

Former judges

#	Judge	State	Born–died	Active service	Chief Judge	Senior status	Appointed by	Reason for termination
1	Dick, JohnJohn Dick	LA	1788–1824	1823[10]–1824	—	—	Monroe, Monroe	death
2	Robertson, Thomas B.Thomas B. Robertson	LA	1779–1828	1824–1828	—	—	Monroe, Monroe	death
3	Harper, Samuel HaddenSamuel Hadden Harper	LA	1783–1837	1829–1837	—	—	Jackson, Jackson	death
4	Lawrence, Philip KissickPhilip Kissick Lawrence	LA	unknown–1841	1837–1841	—	—	Van Buren, Van Buren	death
5	McCaleb, Theodore HowardTheodore Howard McCaleb	LA	1810–1864	1841–1861[11]	—	—	Tyler, Tyler	resignation
6	Durell, Edward HenryEdward Henry Durell	LA	1810–1887	1863[12]–1866	—	—	Lincoln, Lincoln	reassignment
7	Billings, Edward CokeEdward Coke Billings	LA	1829–1893	1876–1893	—	—	Grant, Grant	death
8	Parlange, CharlesCharles Parlange	LA	1851–1907	1894–1907	—	—	Cleveland, Cleveland	death
9	Saunders, Eugene DavisEugene Davis Saunders	LA	1853–1914	1907–1909	—	—	Roosevelt, T.T. Roosevelt	resignation
10	Foster, Rufus EdwardRufus Edward Foster	LA	1871–1942	1909–1925	—	—	Roosevelt, T.T. Roosevelt	reappointment
11	Beattie, Charlton ReidCharlton Reid Beattie	LA	1869–1925	1925	—	—	Coolidge, Coolidge	death
12	Burns, Louis HenryLouis Henry Burns	LA	1878–1928	1925–1928	—	—	Coolidge, Coolidge	death
13	Borah, Wayne G.Wayne G. Borah	LA	1891–1966	1928–1949	—	—	Coolidge, Coolidge	reappointment
14	Caillouet, Adrian JosephAdrian Joseph Caillouet	LA	1883–1946	1940–1946	—	—	Roosevelt, F.F. Roosevelt	death
15	Christenberry, Herbert WilliamHerbert William Christenberry	LA	1897–1975	1947–1975	1949–1967	—	Truman, Truman	death
16	Wright, J. SkellyJ. Skelly Wright	LA	1911–1988	1949[13]–1962	—	—	Truman, Truman	reappointment
17	West, Elmer GordonElmer Gordon West	LA	1914–1992	1961–1972	1967–1972	—	Kennedy, Kennedy	reassignment
18	Ainsworth, Jr., Robert AndrewRobert Andrew Ainsworth, Jr.	LA	1910–1981	1961–1966	—	—	Kennedy, Kennedy	reappointment
19	Ellis, Frank BurtonFrank Burton Ellis	LA	1907–1969	1962–1965	—	1965–1969	Kennedy, Kennedy	death
20	Reagan Heebe, Frederick JacobFrederick Jacob Reagan Heebe	LA	1922–2014	1966–1992	1972–1992	1992–2014	Johnson, L.L. Johnson	death
21	Boyle Sr., Edward JamesEdward James Boyle Sr.	LA	1913–2002	1966–1981	—	1981–2002	Johnson, L.L. Johnson	death
22	Cassibry, Fred JamesFred James Cassibry	LA	1918–1996	1966–1984	—	1984–1987	Johnson, L.L. Johnson	retirement
23	Mitchell, Lansing LeroyLansing Leroy Mitchell	LA	1914–2001	1966–1981	—	1981–2001	Johnson, L.L. Johnson	death
24	Rubin, Alvin BenjaminAlvin Benjamin Rubin	LA	1920–1991	1966–1977	—	—	Johnson, L.L. Johnson	reappointment
25	Comiskey, James AugustJames August Comiskey	LA	1926–2005	1967–1975	—	—	Johnson, L.L. Johnson	resignation
26	Gordon, Jack MurphyJack Murphy Gordon	LA	1931–1982	1971–1982	—	—	Nixon, Nixon	death
27	West, Roger BlakeRoger Blake West	LA	1928–1978	1971–1978	—	—	Nixon, Nixon	death
28	Schwartz, CharlesCharles Schwartz	LA	1922–2012	1976–1991	—	1991–2012	Ford, Ford	death
29	Sear, Morey LeonardMorey Leonard Sear	LA	1929–2004	1976–2000	1992–1999	2000–2004	Ford, Ford	death
30	Collins, Robert FrederickRobert Frederick Collins	LA	1931–present	1978–1993	—	—	Carter, Carter	resignation
31	Duplantier, Adrian G.Adrian G. Duplantier	LA	1929–2007	1978–1994	—	1994–2007	Carter, Carter	death
32	Arceneaux, Jr., GeorgeGeorge Arceneaux, Jr.	LA	1928–1993	1979–1993	—	—	Carter, Carter	death
33	Carr, Patrick EugenePatrick Eugene Carr	LA	1922–1998	1979–1991	—	1991–1998	Carter, Carter	death
34	Wicker, Veronica DiCarloVeronica DiCarlo Wicker	LA	1930–1994	1979–1994	—	—	Carter, Carter	death
36	McNamara, A.J.A.J. McNamara	LA	1936–2014	1982–2001	1999–2001	2001–2014	Reagan, Reagan	death
37	Mentz Jr., Henry AlvanHenry Alvan Mentz Jr.	LA	1920–2005	1982–1992	—	1992–2001	Reagan, Reagan	retirement
39	Livaudais, Jr., MarcelMarcel Livaudais, Jr.	LA	1925–2009	1984–1996	—	1996–2008	Reagan, Reagan	retirement
40	Clement, Edith BrownEdith Brown Clement	LA	1948–present	1991–2001	2001	—	Bush, G.H.W.G.H.W. Bush	reappointment
44	Jones II, OklaOkla Jones II	LA	1945–1996	1994–1996	—	—	Clinton, Clinton	death
45	Porteous, ThomasThomas Porteous	LA	1946–present	1994–2010	—	—	Clinton, Clinton	removal[Note 1]

1. Impeached and convicted

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 1925–1925 Burns 1925–1928 Borah 1928–1949 Wright 1950–1962 Ellis 1962–1965 Heebe 1966–1992 Jones II 1994–1996 Barbier 1998–present

Seat 2 Seat established on March 18, 1938 by 52 Stat. 110 Caillouet 1940–1946 Christenberry 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–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–present

Seat 9 Seat established on June 2, 1970 by 84 Stat. 294 R. West 1971–1978 Duplantier 1978–1994 Fallon 1995–present

Seat 10 Seat established on June 2, 1970 by 84 Stat. 294 Gordon 1971–1982 Feldman 1983–present

Seat 11 Seat established on October 20, 1978 by 92 Stat. 1629 Carr 1979–1991 Berrigan 1994–2016 vacant 2016–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 vacant 2015–present

Seat 14 Seat established on October 20, 1978 by 92 Stat. 1629 Beer 1979–1994 Lemmon 1996–2011 Milazzo 2011–present

United States Attorney

Kenneth Allen Polite, Jr. has served as the United States Attorney for the Eastern District of Louisiana since September 20, 2013.

See also

• Courts of Louisiana
• 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
• U.S. Attorneys Gerald J. Gallinghouse and John Volz

References

1. 28 U.S.C. § 1331
2. 28 U.S.C. § 1332
3. 28 U.S.C. § 1333
4. 18 U.S.C. § 3231
5. Title 28, United States Code, Chapter 85
6. 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.
7. 28 U.S.C. § 98(a)
8. U.S. District Courts of Louisiana, Legislative history, Federal Judicial Center.
9. Asbury Dickens, A Synoptical Index to the Laws and Treaties of the United States of America (1852), p. 392.
10. 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.
11. From February 13, 1845 to March 3, 1849, the Eastern District of Louisiana was recombined with the Western to form a single District of Louisiana; McCaleb continued his service throughout this period as a judge of the District of Louisiana.
12. 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.
13. 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.

External links

• U.S. District Court for the Eastern District of Louisiana