United States District Court for the Eastern District of Virginia |
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(E.D.Va.) |
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Appeals to: |
Fourth Circuit |
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Established: |
February 4, 1819 |
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Judges assigned: |
11 |
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Chief Judge: |
Rebecca Beach Smith |
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http://www.vaed.uscourts.gov/ |
The Norfolk courthouse for the United States District Court, Eastern District of Virginia
The Richmond courthouse for the United States District Court, Eastern District of Virginia
The United States District Court for the Eastern District of Virginia (in case citations, E.D. Va.) is one of two United States district courts serving the Commonwealth of Virginia. It has jurisdiction over the Northern Virginia, Hampton Roads, and Richmond metro areas and surrounding locations with courthouses located in Alexandria, Norfolk, Richmond and Newport News (whose judges are shared with Norfolk).
Appeals from the Eastern District of Virginia are taken to the United States Court of Appeals for the Fourth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).
History
The United States District Court for the District of Virginia was one of the original 13 courts established by the Judiciary Act of 1789, 1 Stat. 73, on September 24, 1789.[1][2]
On February 13, 1801, the Judiciary Act of 1801, 2 Stat. 89, divided Virginia into three judicial districts: the District of Virginia, which included the counties west of the Tidewater and south of the Rappahannock River; the District of Norfolk, which included the Tidewater counties south of the Rappahannock; and the District of Potomac, which included the counties north and east of the Rappahannock as well as Maryland counties along the Potomac.[2] Just over a year later, on March 8, 1802, the Judiciary Act of 1801 was repealed and Virginia became a single District again, 2 Stat. 132, effective July 1, 1802.[2]
The District of Virginia was subdivided into Eastern and Western Districts on February 4, 1819, by 3 Stat. 478.[1][2] At that time, West Virginia was still part of Virginia, and was encompassed in Virginia's Western District, while the Eastern District essentially covered what is now the entire state of Virginia. With the division of West Virginia from Virginia during the American Civil War, the Western District of Virginia became the District of West Virginia, and those parts of the Western District that were not part of West Virginia were combined with the Eastern District to again form a single District of Virginia on June 11, 1864, by 13 Stat. 124.[2] Congress again divided Virginia into Eastern and the Western Districts on February 3, 1871, by 16 Stat. 403.[2]
During the 1960s, Judge Albert V. Bryan Jr. ran the Alexandria court, often ruled cases on the spot after motions were argued. The court earned the nickname of "rocket docket" for the speed and efficiency for which it processes its cases. Since 1997, the court has processed civil cases the fastest of the 94 federal districts, and eighth fastest in dealing with criminal cases.[3] Courts at Richmond are located in the Spottswood W. Robinson III and Robert R. Merhige, Jr., Federal Courthouse,[4] having previously been held in the historic Lewis F. Powell, Jr. United States Courthouse.
Jurisdiction
Map of the United States District Courts in Virginia, showing the boundaries of the Eastern and Western Districts, and their divisions.
The Eastern District of Virginia has within its jurisdiction the following counties: Accomack, Amelia, Arlington, Brunswick, Caroline, Charles City, Chesterfield, Dinwiddie, Essex, Fairfax, Fauquier, Gloucester, Goochland, Greensville, Hanover, Henrico, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Loudoun,
Lunenburg, Mathews, Mecklenburg, Middlesex, New Kent, Northampton, Northumberland, Nottoway, Powhatan, Prince Edward, Prince George, Prince William, Richmond, Southampton, Spotsylvania, Stafford, Surry, Sussex, Westmoreland, York County.[5] The district also has jurisdiction over independent municipalities that are geographically located with these counties, but that are not politically part of them.[6]
The Eastern District of Virginia court's jurisdiction covers slightly over six million people, comprising approximately 85% of the state's population.
United States Attorney
The current U.S. Attorney for the Eastern District of Virginia is Dana J. Boente, serving as prosecution for criminal cases brought by the Federal government, and representing the United States in civil cases in the court. He served in an acting capacity until he was confirmed on December 15, 2015. The U.S. Attorney's office also manages the Project Safe Neighborhoods program within the district to reduce gun violence (part of a nationwide program), and is involved with federal initiatives on drug trafficking, terrorism, cybercrime, and the prevention/combating of elder care abuse.[7] Neil H. MacBride and Chuck Rosenberg previously served as the U.S. Attorney for the Eastern District of Virginia.
Judges
Current
# |
Judge |
State |
Born–died |
Active service |
Chief Judge |
Senior status |
Appointed by |
Reason for termination |
1 |
Tucker, St. GeorgeSt. George Tucker |
VA |
1752–1827 |
1813–1825[8] |
— |
— |
Madison, Madison |
resignation |
2 |
Hay, GeorgeGeorge Hay |
VA |
1765–1830 |
1825–1830[9] |
— |
— |
Adams, J.Q.J.Q. Adams |
death |
3 |
Barbour, Philip PendletonPhilip Pendleton Barbour |
VA |
1783–1841 |
1830–1836[10] |
— |
— |
Jackson, Jackson |
reappointment |
4 |
Daniel, Peter VivianPeter Vivian Daniel |
VA |
1784–1860 |
1836–1841 |
— |
— |
Jackson, Jackson |
reappointment |
5 |
Mason, John Y.John Y. Mason |
VA |
1799–1859 |
1841–1844 |
— |
— |
Van Buren, Van Buren |
resignation |
6 |
Halyburton, James DandridgeJames Dandridge Halyburton |
VA |
1803–1879 |
1844–1861 |
— |
— |
Tyler, Tyler |
resignation |
7 |
Underwood, John CurtissJohn Curtiss Underwood |
VA |
1809–1873 |
1863–1873[11][12] |
— |
— |
Lincoln, Lincoln |
death |
8 |
Hughes, Robert WilliamRobert William Hughes |
VA |
1821–1901 |
1874–1898 |
— |
— |
Grant, Grant |
retirement |
9 |
Waddill Jr., EdmundEdmund Waddill Jr. |
VA |
1855–1931 |
1898–1921 |
— |
— |
McKinley, McKinley |
reappointment |
10 |
Groner, Duncan LawrenceDuncan Lawrence Groner |
VA |
1873–1957 |
1921–1931 |
— |
— |
Harding, Harding |
reappointment |
11 |
Way, Luther B.Luther B. Way |
VA |
1879–1943 |
1931–1943 |
— |
— |
Hoover, Hoover |
death |
12 |
Pollard, Robert NelsonRobert Nelson Pollard |
VA |
1880–1954 |
1936–1947 |
— |
1947–1954 |
Roosevelt, F.F. Roosevelt |
death |
13 |
Hutcheson, Charles SterlingCharles Sterling Hutcheson |
VA |
1894–1969 |
1944–1959 |
1948–1959 |
1959–1969 |
Roosevelt, F.F. Roosevelt |
death |
14 |
Bryan, Albert VickersAlbert Vickers Bryan |
VA |
1899–1984 |
1947–1961 |
1959–1961 |
— |
Truman, Truman |
reappointment |
15 |
Hoffman, Walter EdwardWalter Edward Hoffman |
VA |
1907–1996 |
1954–1974 |
1961–1973 |
1974–1996 |
Eisenhower, Eisenhower |
death |
16 |
Lewis, Oren RitterOren Ritter Lewis |
VA |
1902–1983 |
1960–1974 |
— |
1974–1983 |
Eisenhower, Eisenhower |
death |
17 |
Butzner Jr., John DeckerJohn Decker Butzner Jr. |
VA |
1917–2006 |
1962–1967 |
— |
— |
Kennedy, Kennedy |
reappointment |
18 |
Kellam, Richard BoykinRichard Boykin Kellam |
VA |
1909–1996 |
1967–1981 |
1973–1979 |
1981–1996 |
Johnson, L.L. Johnson |
death |
19 |
MacKenzie, John AshtonJohn Ashton MacKenzie |
VA |
1917–2010 |
1967–1985 |
1979–1985 |
1985–1998 |
Johnson, L.L. Johnson |
retirement |
20 |
Merhige Jr., Robert ReynoldRobert Reynold Merhige Jr. |
VA |
1919–2005 |
1967–1986 |
— |
1986–1998 |
Johnson, L.L. Johnson |
retirement |
22 |
Warriner, David DortchDavid Dortch Warriner |
VA |
1929–1986 |
1974–1986 |
— |
— |
Nixon, Nixon |
death |
23 |
Clarke Jr., Joseph CalvittJoseph Calvitt Clarke Jr. |
VA |
1920–2004 |
1974–1991 |
— |
1991–2004 |
Ford, Ford |
death |
24 |
Williams, Richard LeroyRichard Leroy Williams |
VA |
1923–2011 |
1980–1992 |
— |
1992–2011 |
Carter, Carter |
death |
35 |
Friedman, Jerome B.Jerome B. Friedman |
VA |
1943–present |
1997–2010 |
— |
2010–2011 |
Clinton, Clinton |
retirement |
38 |
Kelley Jr., Walter DeKalbWalter DeKalb Kelley Jr. |
VA |
1955–present |
2004–2008 |
— |
— |
Bush, G.W.G.W. Bush |
resignation |
Succession of seats
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Seat 4 |
Seat established on March 18, 1966 by 80 Stat. 75 |
Kellam | 1967–1981 |
Doumar | 1981–1996 |
Friedman | 1997–2010 |
Allen | 2011–present |
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Seat 5 |
Seat established on March 18, 1966 by 80 Stat. 75 |
MacKenzie | 1967–1985 |
Spencer | 1986–2014 |
Lauck | 2014–present |
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Seat 6 |
Seat established on June 2, 1970 by 84 Stat. 294 |
Bryan, Jr. | 1971–1991 |
Brinkema | 1993–present |
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Seat 7 |
Seat established on October 20, 1978 by 92 Stat. 1629 |
Williams | 1980–1992 |
Jackson | 1993–present |
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Seat 8 |
Seat established on October 20, 1978 by 92 Stat. 1629 |
Cacheris | 1981–1998 |
Lee | 1998–present |
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Seat 9 |
Seat established on July 10, 1984 by 98 Stat. 333 |
Hilton | 1985–2005 |
O'Grady | 2007–present |
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Seat 10 |
Seat established on December 1, 1990 by 104 Stat. 5089 (temporary) |
Seat made permanent on November 2, 2002 by 116 Stat. 1758 |
Morgan, Jr. | 1992–2004 |
Kelley, Jr. | 2004–2008 |
Trenga | 2008–present |
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Seat 11 |
Seat established on December 21, 2000 by 114 Stat. 2762 |
Hudson | 2002–present |
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Notable cases
The Eastern District of Virginia has handled many notable cases, including:
- United States v. Zacarias Moussaoui,[13] No. 01-455-A (E.D. Va.)
- United States v. Ahmed Omar Abu Ali
- United States v. John Walker Lindh,[13] No. 02-37-A (E.D. Va.)
- Yaser Hamdi v. Donald Rumsfeld,[13] No. 02-439 (E.D. Va.)
- United States v. Michael Vick,[13] No. 3:07CR274 (E.D. Va) (the Bad Newz Kennels dogfighting case)
- eBay Inc. v. MercExchange, L.L.C., 271 F. Supp. 2d 789 (E.D. Va. 2002) (in which the court took the position, eventually upheld by the U.S. Supreme Court, that a prevailing plaintiff in a patent suit is not necessarily entitled to injunctive relief)
- Extradition of Kevin Dahlgren,[14] charged with committing mass murder in Brno, Czech Republic in 2013
- Bostic v. Rainey
See also
References
- 1 2 Asbury Dickens, A Synoptical Index to the Laws and Treaties of the United States of America (1852), p. 388.
- 1 2 3 4 5 6 U.S. District Courts of Virginia, Legislative history, Federal Judicial Center.
- ↑ Markon, Jerry (October 3, 2004). "A Double Dose of Molasses in the Rocket Docket". The Washington Post.
- ↑ "Richmond Courthouse". Retrieved 8 March 2013.
- ↑ 28 U.S.C. § 127(a)
- ↑ 28 U.S.C. § 127(c)
- ↑ U.S. Attorney's Office - Eastern District of Virginia - Priorities
- ↑ Initially appointed to the United States District Court for the District of Virginia, reassigned by operation of law to the Eastern District of Virginia on February 4, 1819.
- ↑ Recess appointment; formally nominated on December 13, 1825, confirmed by the United States Senate on March 31, 1826, and received commission on March 31, 1826.
- ↑ Recess appointment; formally nominated on December 14, 1830, confirmed by the United States Senate on December 16, 1830, and received commission on December 16, 1830.
- ↑ Recess appointment; formally nominated on January 5, 1864, confirmed by the United States Senate on January 25, 1864, and received commission on January 25, 1864.
- ↑ Reassigned to the United States District Court for the District of Virginia on June 11, 1964, reassigned to the Eastern District of Virginia on February 3, 1871.
- 1 2 3 4 United States District Court, Eastern District of Virginia, Notable cases
- ↑ "Soudní jednání o vydání Kevina Dahlgrena začne 12. září" (in Czech). Týden. 13 August 2013. Retrieved 13 August 2013.
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