United States District Court for the Southern District of Florida

The United States District Court for the Southern District of Florida (in case citations, S.D. Fla. or S.D. Fl.) is the federal United States district court with territorial jurisdiction over the southern part of the state of Florida.[1]

United States District Court for the Southern District of Florida
(S.D. Fla.)
LocationWilkie D. Ferguson, Jr. U.S. Courthouse
More locations
Appeals toEleventh Circuit
EstablishedFebruary 23, 1847
Judges18
Chief JudgeCecilia Altonaga
Officers of the court
U.S. AttorneyMarkenzy Lapointe
U.S. MarshalGadyaces S. Serralta
www.flsd.uscourts.gov
Wilkie D. Ferguson Jr. United States Courthouse in Miami in 2007

Appeals from cases brought in the Southern District of Florida are to the United States Court of Appeals for the Eleventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).

History

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On the same day that Florida was admitted as a state, March 3, 1845, Congress enacted legislation creating the United States District Court for the District of Florida, 5 Stat. 788.[2][3] On February 23, 1847, this District was subdivided into Northern and Southern Districts, by 9 Stat. 131.[2][3] The statute effecting this division set forth the boundaries of the Districts:

[T]hat part of the State of Florida lying south of a line drawn due east and west from the northern point of Charlotte Harbor, including the islands, keys, reefs, shoals, harbors, bays and inlets, south of said line, shall be erected into a new judicial district, to be called the Southern District of Florida; a District Court shall be held in said Southern District, to consist of one judge, who shall reside at Key West, in said district...

On July 30, 1962, the Middle District was created from portions of these districts by 76 Stat. 247.[3]

This federal district has the dubious distinction of having had more judges removed through impeachment than any other district, with a total of two, one fourth of all federal judges so removed.

Famous cases heard in the district include the prosecution of former Panamanian military leader Manuel Noriega,[4] the Elián González case,[5] notorious Ponzi schemer Scott Rothstein,[6] a 2000 United States presidential election recount in Florida case,[7] the prosecution of José Padilla,[8] and one of[9] the federal prosecutions of Donald Trump.

Jurisdiction

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The court's jurisdiction comprises the nine counties of Broward, Highlands, Indian River, Martin, Miami-Dade, Monroe, Okeechobee, Palm Beach, and St. Lucie. The district includes the South Florida metropolitan area of Miami, Fort Lauderdale, and West Palm Beach. It comprises 15,197 square miles (39,360 km2) and approximately 6.3 million people. Courthouses, corresponding to the five divisions of the district, are located in Fort Lauderdale, Fort Pierce, Key West, Miami, and West Palm Beach. The court's offices are located in Miami.

United States attorney and marshal

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The United States attorney for the Southern District of Florida represents the United States in civil and criminal litigation in the court. As of January 9, 2023, the United States attorney is Markenzy Lapointe.

The United States Attorney's office has a staff of approximately 233 assistant United States attorneys and 227 support personnel. The main office is located in Miami, Florida, with three staffed branch offices located in Fort Lauderdale, West Palm Beach and Fort Pierce and one unstaffed branch office located in Key West. There is also a High Intensity Drug Trafficking Area (HIDTA) office in West Miami-Dade and a Health Care Fraud Facility in Miramar.

On August 28, 2018, Gadyaces S. Serralta was confirmed by the United States Senate to be the United States marshal.

Organization of the court

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The United States District Court for the Southern District of Florida is one of three federal judicial districts in Florida.[10] The District has five divisions:

Fort Pierce Division comprises the following counties: Highlands, Okeechobee, Indian River, St. Lucie, and Martin.[11]

West Palm Beach Division comprises Palm Beach County.[11]

Fort Lauderdale Division comprises Broward County.[11]

Miami Division comprises Miami-Dade County.[11]

Key West Division comprises Monroe County.[11]

Current judges

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As of March 4, 2024:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
ActiveChiefSenior
58Chief JudgeCecilia AltonagaMiami19622003–present2021–presentG.W. Bush
45District JudgeK. Michael MooreMiami19511992–present2014–2021G.H.W. Bush
50District JudgeDonald M. MiddlebrooksWest Palm Beach19461997–presentClinton
52District JudgeWilliam DimitrouleasFt. Lauderdale19511998–presentClinton
57District JudgeJose E. MartinezMiami19412002–presentG.W. Bush
61District JudgeKathleen M. WilliamsMiami19562011–presentObama
64District JudgeDarrin P. GaylesMiami19662014–presentObama
65District JudgeBeth BloomMiami19622014–presentObama
66District JudgeRobin L. RosenbergWest Palm Beach19622014–presentObama
67District JudgeRoy AltmanMiami
Ft. Lauderdale
19822019–presentTrump
68District JudgeRodolfo RuizMiami19792019–presentTrump
69District JudgeRodney SmithFt. Lauderdale19742019–presentTrump
70District JudgeRaag SinghalFt. Lauderdale19632019–presentTrump
71District JudgeAileen CannonFt. Pierce19812020–presentTrump
72District JudgeJacqueline BecerraMiami19702024–presentBiden
73District JudgeDavid S. LeibowitzFt. Lauderdale19712024–presentBiden
74District JudgeMelissa DamianFt. Lauderdale19682024–presentBiden
75District Judgevacant
27Senior JudgeJames Lawrence KingMiami19271970–19921984–19911992–presentNixon
40Senior JudgeWilliam J. ZlochFt. Lauderdale19441985–20172000–20072017–presentReagan
42Senior JudgeFederico A. MorenoMiami19521990–20202007–20142020–presentG.H.W. Bush
43Senior JudgeDonald L. GrahamMiami19481991–20132013–presentG.H.W. Bush
48Senior JudgeDaniel T. K. HurleyWest Palm Beach19431994–20092009–presentClinton
49Senior JudgeJoan A. LenardMiami19521995–20172017–presentClinton
51Senior JudgeAlan Stephen Goldinactive19441997–20102010–presentClinton
53Senior JudgePatricia A. SeitzMiami19461998–20122012–presentClinton
55Senior JudgePaul HuckMiami19402000–20102010–presentClinton
56Senior JudgeKenneth MarraWest Palm Beach19512002–20172017–presentG.W. Bush
59Senior JudgeJames I. CohnFt. Lauderdale19482003–20162016–presentG.W. Bush
62Senior JudgeRobert N. Scola Jr.Miami19552011–20232023–presentObama


Vacancies and pending nominations

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SeatPrior judge's duty stationSeat last held byVacancy reasonDate of vacancyNomineeDate of nomination
8MiamiRobert N. Scola Jr.Senior statusOctober 31, 2023Detra Shaw-WilderMarch 21, 2024

Former judges

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#JudgeStateBorn–diedActive serviceChief JudgeSenior statusAppointed byReason for
termination
1William MarvinFL1808–19021847–1863 Polkresignation
2Thomas Jefferson BoyntonFL1838–18711863–1870[Note 1] Lincolnresignation
3John McKinneyFL1829–18711870–1871[Note 2] Grantdeath
4James William LockeFL1837–19221872–1912 Grantretirement
5John Moses CheneyFL1859–19221912–1913[Note 3] Taftnot confirmed
6Rhydon Mays CallFL1858–19271913–1927[Note 4] Wilsondeath
7Lake JonesFL1867–19301924–1930 Coolidgedeath
8Alexander AkermanFL1869–19481929–19391939–1948 Coolidgedeath
9Halsted L. RitterFL1868–19511929–1936 Coolidgeimpeachment and conviction
10Louie Willard StrumFL1890–19541931–19501948–1950 Hooverelevation to 5th Cir.
11John W. HollandFL1883–19691936–19551950–19551955–1969F. Rooseveltdeath
12William J. BarkerFL1886–19681940–19591955–19591959–1968F. Rooseveltdeath
13Curtis L. WallerFL1887–19501940–1943[Note 5]F. Rooseveltelevation to 5th Cir.
14Dozier A. DeVaneFL1883–19631943–1958[Note 6]1958–1963F. Rooseveltdeath
15George William WhitehurstFL1891–19741950–1961[Note 5]1959–19611961–1974 Trumandeath
16John Milton Bryan SimpsonFL1903–19871950–19621961–1962 Trumanreassignment to M.D. Fla
17Emett Clay ChoateFL1891–19741954–19651965–1974 Eisenhowerdeath
18Joseph Patrick LiebFL1901–19711955–1962[Note 7] Eisenhowerreassignment to M.D. Fla
18William McRaeFL1909–19731961–1962 Kennedyreassignment to M.D. Fla
19David W. DyerFL1910–19981961–19661962–1966 Kennedyelevation to 5th Cir.
20George C. YoungFL1916–20151961–1966[Note 8] Kennedyreassignment to M.D. Fla
21Charles B. FultonFL1910–19961963–19781966–19771978–1996 Kennedydeath
22William O. MehrtensFL1905–19801965–19751975–1980L. Johnsondeath
23C. Clyde AtkinsFL1914–19991966–19821977–19821982–1999L. Johnsondeath
24Ted CabotFL1917–19711966–1971L. Johnsondeath
25Joe Oscar EatonFL1920–20081967–19851982–19841985–2008L. Johnsondeath
26Peter T. FayFL1929–20211970–1976 Nixonelevation to 5th Cir.
28Norman Charles Roettger Jr.FL1930–20031972–19971991–19971997–2003 Nixondeath
29Sidney AronovitzFL1920–19971976–19881988–1997 Forddeath
30William HoevelerFL1922–20171977–19911991–2017 Carterdeath
32Edward B. DavisFL1933–20101979–20001997–2000 Carterretirement
33James W. KehoeFL1925–19981979–19921992–1998 Carterdeath
34James Carriger PaineFL1924–20101979–19921992–2010 Carterdeath
35Eugene P. SpellmanFL1930–19911979–1991 Carterdeath
36Alcee HastingsFL1936–20211979–1989 Carterimpeachment and conviction
37Lenore Carrero NesbittFL1932–20011983–19981998–2001 Reagandeath
38Stanley MarcusFL1946–present1985–1997 Reaganelevation to 11th Cir.
39Thomas ScottFL1948–present1985–1990 Reaganresignation
41Kenneth RyskampFL1932–20171986–20002000–2017 Reagandeath
44Shelby HighsmithFL1929–20151991–20022002–2015G.H.W. Bushdeath
46Ursula Mancusi UngaroFL1951–present1992–20212021G.H.W. Bushretirement
47Wilkie D. FergusonFL1938–20031993–2003 Clintondeath
54Adalberto JordanFL1961–present1999–2012 Clintonelevation to 11th Cir.
60Marcia G. CookeFL1954–20232004–20222022–2023 G.W. Bushdeath
63Robin S. RosenbaumFL1966–present2012–2014 Obamaelevation to 11th Cir.
  1. ^ Recess appointment; formally nominated on January 5, 1864, confirmed by the United States Senate on January 20, 1864, and received commission the same day.
  2. ^ Recess appointment; formally nominated on December 7, 1870, confirmed by the Senate on February 18, 1871, and received commission the same day.
  3. ^ Recess appointment; the Senate did not confirm the appointment.
  4. ^ Recess appointment; formally nominated on April 12, 1913, confirmed by the Senate on April 24, 1913, and received commission the same day.
  5. ^ a b Jointly appointed to the Northern and Southern Districts of Florida.
  6. ^ From 1943-1947, Judge DeVane was jointly appointed to the Northern and Southern Districts of Florida.
  7. ^ Recess appointment; formally nominated on January 12, 1956, confirmed by the Senate on March 1, 1956, and received commission the same day.
  8. ^ From 1961-1962, Judge Young was jointly appointed to the Northern and Southern Districts of Florida. From 1962-1966, Judge Young was jointly appointed to the Middle, Northern, and Southern Districts of Florida.

Chief judges

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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

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United States attorneys

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List of U.S. attorneys since 1828[12][13]

  • William Allison McRea (1828–1829)
  • John G. Stower (1829–1830)
  • John K. Campbell (1830–1831)
  • Edward Chandler (1831–1834)
  • Adam Gordon (1834)
  • Wylie P. Clark (1834–1839)
  • Charles Walker (1839–1840)
  • L. Windsor Smith (1840–1842)
  • George W. McRae (1842–1847)
  • L. Windsor Smith (1847–1850)
  • William R. Hackley (1850–1858)
  • John L. Tatum (1858–1861)
  • Thomas J. Boynton (1861–1863)
  • Homer G. Plantz (1863–1869)
  • Claiborn R. Mobley (1869–1876)
  • John Tyler Jr. (1876–1877)
  • George B. Patterson (1877–1886)
  • Livingstone W. Bethel (1886–1890)
  • George B. Patterson (1890–1894)
  • Owen J. H. Summers (1894)
  • Frank Clark (1894–1897)
  • Joseph N. Stripling (1897–1902)
  • John Moses Cheney (1902–1912)
  • Richard P. Marks (1912–1913)
  • Herbert S. Phillips (1913–1921)
  • William M. Gober (1921–1929)
  • Wilburn P. Hughes (1929–1933)
  • John W. Holland (1933–1936)
  • Herbert S. Phillips (1936–1953)
  • James L. Guilmartin (1953–1959)
  • E. Coleman Madsen (1959–1961)
  • Edward G. Boardman (1961–1963)
  • William A. Meadows Jr. (1963–1969)
  • Robert W. Rust (1969–1977)
  • Vincent K. Antle (1977)
  • Jacob V. Eskenazi (1977–1980)
  • Atlee W. Wampler III (1980–1982)
  • Stanley Marcus (1982–1985)
  • Leon B. Kellner (1985–1988)
  • Dexter Lehtinen (1988–1992)
  • James McAdams (1992)
  • Roberto Martinez (1992–1993)
  • Kendall B. Coffey (1993–1996)
  • William Keefer (1996–1997)
  • Thomas Scott (1997–2000)
  • Guy A. Lewis (2000–2002)
  • Marcos Jiménez (2002–2005)
  • Alexander Acosta (2005–2009)
  • Jeffrey H. Sloman (2009–2010)
  • Wifredo A. Ferrer (2010–2017)
  • Benjamin G. Greenberg (2017–2018)
  • Ariana Fajardo Orshan (2018–2021)
  • Juan Antonio Gonzalez (2021–2023)
  • Markenzy Lapointe (2023–present)

See also

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References

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  1. ^ 28 U.S.C. § 89.
  2. ^ a b Asbury Dickens, A Synoptical Index to the Laws and Treaties of the United States of America (1852), p. 393.
  3. ^ a b c U.S. District Courts of Florida, Legislative history, Federal Judicial Center.
  4. ^ United States v. Noriega, no. 88-cr-00079 (S.D. Fla. 1988).
  5. ^ Gonzalez ex rel. Gonzalez v. Reno, 86 F. Supp. 2d 1167 (S.D. Fla. 2000).
  6. ^ United States v. Rothstein, no. 09-cr-60331 (S.D. Fla. 2009).
  7. ^ Siegel v. LaPore, 120 F. Supp. 2d 1041 (S.D. Fla. 2000).
  8. ^ United States v. Padilla, no. 04-cr-60001 (S.D. Fla. 2007).
  9. ^ United States v. Trump, no. 9:23-cr-80101 (S.D. Fla. 2023).
  10. ^ 28 U.S.C. § 89
  11. ^ a b c d e "Southern District Map" (PDF). www.flsd.uscourts.gov.
  12. ^ "Bicn Celebration" (PDF). www.justice.gov. Retrieved February 19, 2024.
  13. ^ "The Political Graveyard: U.S. District Attorneys in Florida".
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