United States District Court for the Western District of Texas
Encyclopedia
The United States District Court For the Western District Of Texas (in case citation
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

s, W.D. Tex.) is a Federal district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...

. The court convenes in San Antonio with divisions in Austin
Austin
Austin is the capital of the U.S. state of Texas.Austin may also refer to:-In the United States:*Austin, Arkansas*Austin, Colorado*Austin, Chicago, Illinois*Austin, Indiana*Austin, Minnesota*Austin, Nevada*Austin, Oregon...

, Del Rio
Del Rio, Texas
Del Rio is a border city in and the county seat of Val Verde County, Texas, United States.. Del Rio is connected with Ciudad Acuña via the Lake Amistad Dam International Crossing and Del Río-Ciudad Acuña International Bridge...

, El Paso
El Paso
El Paso, a city in the U.S. state of Texas, on the border with Mexico.El Paso may also refer to:-Geography:Colombia:* El Paso, CesarSpain:*El Paso, Santa Cruz de TenerifeUnited States:...

, Midland
Midland, Texas
Midland is a city in and the county seat of Midland County, Texas, United States, on the Southern Plains of the state's western area. A small portion of the city extends into Martin County. As of 2010, the population of Midland was 111,147. It is the principal city of the Midland, Texas...

, Pecos
Pecos, Texas
Pecos is the largest city in and the county seat of Reeves County, Texas, United States. It is situated in the river valley on the west bank of the Pecos River at the eastern edge of the Chihuahuan Desert and the Trans-Pecos region of west Texas and near the southern border of New Mexico...

, and Waco
Waco, Texas
Waco is a city in and the county seat of McLennan County, Texas. Situated along the Brazos River and on the I-35 corridor, halfway between Dallas and Austin, it is the economic, cultural, and academic center of the 'Heart of Texas' region....

. It has jurisdiction in over 50 Trans-Pecos
Trans-Pecos
The term Trans-Pecos, as originally defined in 1887 by the Texas geologist Robert T. Hill, refers to the portion of Texas that lies west of the Pecos River. The term is considered synonymous with "Far West Texas", a subdivision of West Texas...

, Permian Basin and Hill Country counties
County (United States)
In the United States, a county is a geographic subdivision of a state , usually assigned some governmental authority. The term "county" is used in 48 of the 50 states; Louisiana is divided into parishes and Alaska into boroughs. Parishes and boroughs are called "county-equivalents" by the U.S...

 of the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

. This district covers over 92000 square miles (238,278.9 km²) and seven divisions.

History

The first federal judge in Texas was John C. Watrous, who was appointed on May 26, 1846, and had previously served as Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...

 of the Republic of Texas
Republic of Texas
The Republic of Texas was an independent nation in North America, bordering the United States and Mexico, that existed from 1836 to 1846.Formed as a break-away republic from Mexico by the Texas Revolution, the state claimed borders that encompassed an area that included all of the present U.S...

. He was assigned to hold court in Galveston, at the time, the largest city in the state. As seat of the Texas Judicial District, the Galveston court had jurisdiction over the whole state. On February 21, 1857, the state was divided into two districts, Easter
United States District Court for the Eastern District of Texas
The United States District Court for the Eastern District of Texas is the Federal district court with jurisdiction over the eastern part of Texas and is a part of the Fifth Circuit. The court's headquarters are in Tyler, Texas and has five subdivision offices in Beaumont, Lufkin, Marshall,...

n and Western, with Judge Watrous continuing in the Eastern district. Judge Watrous and Judge Thomas H. DuVal, of the Western District of Texas, left the state on the secession of Texas from the Union, the only two United States Judges not to resign their posts in states that seceded. When Texas was restored to the Union, Watrous and DuVal resumed their duties and served until 1870.

Divisions

Appeals from cases brought in the Western District of Texas are taken to the United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...

 (except for patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....

 claims and claims against the U.S. government under the Tucker Act
Tucker Act
Through the Tucker Act , the United States government has waived its sovereign immunity with respect to certain lawsuits....

, which are appealed to the Federal Circuit
United States Court of Appeals for the Federal Circuit
-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...

).

The divisions of the Western District of Texas are:
  • Austin
    Austin, Texas
    Austin is the capital city of the U.S. state of :Texas and the seat of Travis County. Located in Central Texas on the eastern edge of the American Southwest, it is the fourth-largest city in Texas and the 14th most populous city in the United States. It was the third-fastest-growing large city in...

     Division
  • Del Rio
    Del Rio, Texas
    Del Rio is a border city in and the county seat of Val Verde County, Texas, United States.. Del Rio is connected with Ciudad Acuña via the Lake Amistad Dam International Crossing and Del Río-Ciudad Acuña International Bridge...

     Division
  • El Paso
    El Paso, Texas
    El Paso, is a city in and the county seat of El Paso County, Texas, United States, and lies in far West Texas. In the 2010 census, the city had a population of 649,121. It is the sixth largest city in Texas and the 19th largest city in the United States...

     Division
  • Midland
    Midland, Texas
    Midland is a city in and the county seat of Midland County, Texas, United States, on the Southern Plains of the state's western area. A small portion of the city extends into Martin County. As of 2010, the population of Midland was 111,147. It is the principal city of the Midland, Texas...

     Division
  • Pecos
    Pecos, Texas
    Pecos is the largest city in and the county seat of Reeves County, Texas, United States. It is situated in the river valley on the west bank of the Pecos River at the eastern edge of the Chihuahuan Desert and the Trans-Pecos region of west Texas and near the southern border of New Mexico...

     Division
  • San Antonio
    San Antonio, Texas
    San Antonio is the seventh-largest city in the United States of America and the second-largest city within the state of Texas, with a population of 1.33 million. Located in the American Southwest and the south–central part of Texas, the city serves as the seat of Bexar County. In 2011,...

     Division
  • Waco
    Waco, Texas
    Waco is a city in and the county seat of McLennan County, Texas. Situated along the Brazos River and on the I-35 corridor, halfway between Dallas and Austin, it is the economic, cultural, and academic center of the 'Heart of Texas' region....

     Division
  • Alpine
    Alpine, Texas
    Alpine is a city in and the county seat of Brewster County, Texas, United States. The population was 5,786 people at the 2000 census, and had increased to 5,905 by 2010.-History:...

     Division


The Honorable Samuel Frederick Biery Jr.
Samuel Frederick Biery Jr.
Samuel Frederick Biery Jr. is a United States federal judge.Born in McAllen, Texas, Biery received a B.A. from Texas Lutheran College in 1970 and a J.D. from Southern Methodist University School of Law in 1973. He was in the United States Army Reserve from 1970 to 1976. He was in private practice...

 is the Chief Judge of the W. D. Texas District Court.

The United States Attorney's Office for the Western District of Texas represents the United States in civil and criminal litigation in the court. John E. Murphy is the Acting United States Attorney for the Western District of Texas since the resignation of Johnny Sutton
Johnny Sutton
Johnny Sutton is an attorney who served as United States Attorney for the Western District of Texas from 2001 until 2009, and chaired the Attorney General's Advisory Committee of United States Attorneys. Sutton is known for the prosecution of United States Border Patrol agents Jose Compean and...

 on April 19, 2009.

Current judges

  • As of November 30, 2008, a vacancy exists in the Western District of Texas due to Judge W. Royal Furgeson, Jr.'s decision to assume senior status. No replacement nomination is pending at this time.

  • As of February 26, 2009, a second vacancy exists in the District due to the decision of Judge David Briones to assume senior status. On September 14, 2011, President Barack Obama
    Barack Obama
    Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...

     nominated David Campos Guaderrama to fill the vacancy. His nomination is currently pending.

Former judges

Judge Appointed by Began active
service
Ended active
service
Ended senior
status
End reason
Charles Albert Boynton
Charles Albert Boynton
Charles Albert Boynton was a United States federal judge.Born in Quebec, Canada, Boynton received a B.B.S. from Glasgow Normal University, Kentucky in 1888 and an LL.B. from the University of Michigan in 1891. He was in private practice in Waco, Texas from 1891 to 1907...

Calvin Coolidge
Calvin Coolidge
John Calvin Coolidge, Jr. was the 30th President of the United States . A Republican lawyer from Vermont, Coolidge worked his way up the ladder of Massachusetts state politics, eventually becoming governor of that state...

}||death
|-
| Lucius Desha Bunton III
Lucius Desha Bunton III
Lucius Desha Bunton III was a United States federal judge.Born in Del Rio, Texas, Bunton received a B.A. from the University of Texas in 1947 and a J.D. from the University of Texas School of Law in 1950. He was in the United States Army Private, 76th Infantry Division from 1943 to 1946...

||Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...

||||||||death
|-
| Thomas Howard DuVal
Thomas Howard DuVal
Thomas Howard DuVal was a United States federal judge in the 19th century.DuVal was born in Buckingham County, Virginia and graduated from St. Joseph's College in 1833. He read law in 1837 and went into private practice in Tallahassee, Florida from 1837 to 1841...

||Franklin Pierce
Franklin Pierce
Franklin Pierce was the 14th President of the United States and is the only President from New Hampshire. Pierce was a Democrat and a "doughface" who served in the U.S. House of Representatives and the Senate. Pierce took part in the Mexican-American War and became a brigadier general in the Army...

||||||–||death
|-
| Hipolito Frank Garcia
Hipolito Frank Garcia
Hipolito Frank Garcia was a United States federal judge.Born in San Antonio, Texas, Garcia was in the United States Army during World War II, from 1943 to 1945, and received an LL.B. from St. Mary's University School of Law in 1951...

||Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...

||||||–||death
|-
| William Royal Furgeson, Jr.
William Royal Furgeson, Jr.
William Royal Furgeson, Jr. is a United States federal judge.Born in Lubbock, Texas, Furgeson received a B.A. from Texas Tech University in 1964 and a J.D. from the University of Texas School of Law in 1967. He was in the United States Army Captain from 1967 to 1969. He was an Assistant county...

||Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...

||||||–||moved
|-
| Emilio M. Garza
Emilio M. Garza
Emilio Miller Garza is a judge on the United States Court of Appeals for the Fifth Circuit.Born in San Antonio, Texas, Garza graduated from the University of Notre Dame in 1969, receiving an MA there in 1970. He then joined the U.S. Marine Corps, in which he was an officer from 1970-1973...

||Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....

||||||–||reappointment
|-
| Ernest Allen Guinn
Ernest Allen Guinn
Ernest Allen Guinn was a United States federal judge.Born in Palestine, Texas, Guinn received a B.A. from the University of Texas in 1925 and an LL.B. from the University of Texas School of Law in 1927. He was in private practice in El Paso, TX from 1928 to 1930. He was an Assistant city attorney...

||Lyndon B. Johnson
Lyndon B. Johnson
Lyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...

||||||–||death
|-
| Walter Angus Keeling
Walter Angus Keeling
Walter Angus Keeling was a United States federal judge.Born in Kosse, Texas, Keeling received an LL.B. from the University of Texas in 1897. He was in private practice in Groesbeck, Texas from 1897 to the present. He was an Assistant county attorney of Limestone County, Texas from 1898 to 1902...

||Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...

||||||–||death
|-
| Thomas Sheldon Maxey
Thomas Sheldon Maxey
Thomas Sheldon Maxey was a United States federal judge.Born in Brandon, Mississippi, Maxey was in the Confederate Army from 1864 to 1865, then received an LL.B. from the University of Virginia in 1869. He was a Mississippi state representative in 1870...

||Grover Cleveland
Grover Cleveland
Stephen Grover Cleveland was the 22nd and 24th president of the United States. Cleveland is the only president to serve two non-consecutive terms and therefore is the only individual to be counted twice in the numbering of the presidents...

||||||–||retirement
|-
| Robert Johnston McMillan
Robert Johnston McMillan
Robert Johnston McMillan was a United States federal judge.Born in Galveston, Texas, McMillan received an LL.B. from the University of Texas in 1906 and entered private practice in San Antonio, Texas. He was an Assistant general attorney of the St. Louis-Brownsville & Mexico Railroad in...

||Herbert Hoover
Herbert Hoover
Herbert Clark Hoover was the 31st President of the United States . Hoover was originally a professional mining engineer and author. As the United States Secretary of Commerce in the 1920s under Presidents Warren Harding and Calvin Coolidge, he promoted partnerships between government and business...

||||||–||death
|-
| Edward C. Prado
Edward C. Prado
Edward Charles Prado is a federal judge on the United States Court of Appeals for the Fifth Circuit.- Background :Prado was born in San Antonio, Texas on June 7, 1947...

||Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....

||||||–||reappointment
|-
| Ben Herbert Rice, Jr.
Ben Herbert Rice, Jr.
Ben Herbert Rice, Jr. was a United States federal judge.Born in Marlin, Texas, Rice received an LL.B. from the University of Texas in 1913, and both a B.A. and an LL.M. from that institution 1914...

||Harry S. Truman
Harry S. Truman
Harry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...

||||||–||death
|-
| Jack Roberts
Jack Roberts (judge)
Jack Roberts was a United States federal judge.Born in Sweetwater, Texas, Roberts received an LL.B. from the University of Texas School of Law in 1933. He was a United States Army Staff Sergeant, Intelligence Corps during World War II, from 1942 to 1946. He was a District attorney of Austin, Texas...

||Lyndon B. Johnson
Lyndon B. Johnson
Lyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...

||||||||death
|-
| William S. Sessions
William S. Sessions
William Steele Sessions is a civil servant who served as a judge and 4th Director of the Federal Bureau of Investigation...

||Gerald Ford
Gerald Ford
Gerald Rudolph "Jerry" Ford, Jr. was the 38th President of the United States, serving from 1974 to 1977, and the 40th Vice President of the United States serving from 1973 to 1974...

||||||–||resignation
|-
| Clyde Frederick Shannon Jr.
Clyde Frederick Shannon Jr.
Clyde Frederick Shannon Jr. is a former United States federal judge.Born in Marshall, Texas, Shannon received a B.B.A. from Loyola University New Orleans in 1965 and an LL.B. from the University of Texas School of Law in 1968. He was in private practice in San Antonio, Texas from 1968 to 1975. He...

||Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...

||||||–||resignation
|-
| William Robert Smith
William Robert Smith
William Robert Smith was a United States representative from Texas and a United States federal judge.Born in Smith County, Texas, Smith graduated from the Sam Houston Normal Institute in Huntsville, Texas in 1883. He read law in 1885 and was admitted to the Texas bar, beginning the practice of law...

||Woodrow Wilson
Woodrow Wilson
Thomas Woodrow Wilson was the 28th President of the United States, from 1913 to 1921. A leader of the Progressive Movement, he served as President of Princeton University from 1902 to 1910, and then as the Governor of New Jersey from 1911 to 1913...

||||||–||death
|-
| Adrian Anthony Spears
Adrian Anthony Spears
Adrian Anthony Spears was a United States federal judge.Born in Darlington, South Carolina, Spears received an LL.B. from the University of South Carolina Law Center in 1934, and was in private practice in Darlington, South Carolina from 1934 to 1936, and then in San Antonio, Texas from 1937 to 1961...

||John F. Kennedy
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....

||||||||resignation
|-
| Dorwin Wallace Suttle
Dorwin Wallace Suttle
Dorwin Wallace Suttle was a United States federal judge.Born in Knox County, Indiana, Suttle received an LL.B. from the University of Texas School of Law in 1928. He was in private practice in Uvalde, Texas from 1928 to 1964. He was a City attorney of Uvalde, Texas in 1929. He was a County...

||Lyndon B. Johnson
Lyndon B. Johnson
Lyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...

||||||||death
|-
| R. Ewing Thomason
R. Ewing Thomason
Robert Ewing Thomason was a Texas politician, a member and Speaker of the Texas House of Representatives, the mayor of El Paso, a Democratic member of the United States House of Representatives, and a judge of the United States District Court for the Western District of Texas.Partner in a El Paso...

||Harry S. Truman
Harry S. Truman
Harry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...

||||||||death
|-
| Homer Thornberry
Homer Thornberry
William Homer Thornberry was a United States Representative from the 10th congressional district of Texas from 1948 to 1963, and then was a federal judge.-Biography:...

||John F. Kennedy
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....

||||||–||reappointment
|-
| Ezekiel B. Turner
Ezekiel B. Turner
Ezekiel B. Turner was a United States federal judge.Born in Putney, Vermont, Turner read law to enter the bar in 1848. He became a prosecuting attorney of St. Joseph County, Michigan in 1850, and then a justice of the peace for that county...

||Rutherford B. Hayes
Rutherford B. Hayes
Rutherford Birchard Hayes was the 19th President of the United States . As president, he oversaw the end of Reconstruction and the United States' entry into the Second Industrial Revolution...

||||||–||death
|-
| DuVal West
DuVal West
DuVal West was a United States federal judge.Born in Austin, Texas, West attended the Texas Military Institute and an LL.B. from Cumberland University in 1890. He was a Deputy clerk, U.S. District Court for the Western District of Texas from 1884 to 1885. He was a Chief deputy marshal, U.S...

||Woodrow Wilson
Woodrow Wilson
Thomas Woodrow Wilson was the 28th President of the United States, from 1913 to 1921. A leader of the Progressive Movement, he served as President of Princeton University from 1902 to 1910, and then as the Governor of New Jersey from 1911 to 1913...

||||||||death
|-
| John H. Wood, Jr.
John H. Wood, Jr.
John Howland Wood, Jr. was an American lawyer and judge from the U.S. state of Texas. He served on the United States District Court for the Western District of Texas before being assassinated by Charles Harrelson outside Wood's home in San Antonio, Texas, in 1979. Wood's killing was the first...

||Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...

||||||–||death
|}

External links

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