United States District Court for the Southern District of Ohio

United States District Court for the Southern District of Ohio
(S.D. Ohio)
LocationColumbus
More locations
Appeals toSixth Circuit
EstablishedFebruary 10, 1855
Judges8
Chief JudgeSarah D. Morrison
Officers of the court
U.S. AttorneyKenneth L. Parker
www.ohsd.uscourts.gov

The United States District Court for the Southern District of Ohio (in case citations, S.D. Ohio) is one of two United States district courts in Ohio and includes forty-eight of the state's eighty-eight counties—everything from the Columbus area southward. Appeals from the court are taken to the United States Court of Appeals for the Sixth Circuit at Cincinnati (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).

The United States Attorney's Office of the Southern District of Ohio represents the United States in civil and criminal litigation in the court. As of November 2021, the United States attorney is Kenneth L. Parker.[1]

Divisions

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The court is divided into two divisions.

Eastern Division

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The Eastern Division, which sits in the Joseph P. Kinneary United States Courthouse at Columbus, serves the counties of Athens, Belmont, Coshocton, Delaware, Fairfield, Fayette, Franklin, Gallia, Guernsey, Harrison, Hocking, Jackson, Jefferson, Knox, Licking, Logan, Madison, Meigs, Monroe, Morgan, Morrow, Muskingum, Noble, Perry, Pickaway, Pike, Ross, Union, Vinton, and Washington.

Western Division

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The Western Division sits at both Cincinnati and Dayton. Cases from the counties of Adams, Brown, Butler, Clermont, Clinton, Hamilton, Highland, Lawrence, Scioto, and Warren are heard at Cincinnati in the Potter Stewart United States Courthouse. Cases from the counties of Champaign, Clark, Darke, Greene, Miami, Montgomery, Preble, and Shelby are heard at Dayton.

History

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The United States District Court for the District of Ohio was established on February 19, 1803, by 2 Stat. 201.[2][3] The act of authorized one judgeship for the court. The district court in Ohio, not being assigned to a judicial circuit, was granted the same jurisdiction as U.S. circuit courts, except in appeals and writs of error, which were the jurisdiction of the Supreme Court.[3] By the act of February 24, 1807, 2 Stat. 420, the authority of the Ohio district court to exercise the jurisdiction of a U.S. circuit court was repealed, and Ohio was assigned to the newly organized Seventh Circuit. It also provided for a U.S. circuit court for the District of Ohio.[3] The District was subdivided into Northern and Southern Districts on February 10, 1855, by 10 Stat. 604.[3] The district judge serving the District of Ohio, Humphrey H. Leavitt, was reassigned to the Southern District of Ohio.

On July 23, 1866, by 14 Stat. 209, Congress reorganized the circuits and assigned Ohio to the Sixth Circuit.[3] Additional judgeships were created in 1910, 1937, 1966, 1970, 1978, 1984, and 1990.[3]

Current judges

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As of September 7, 2024:

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
37 Chief Judge Sarah D. Morrison Columbus 1970 2019–present 2024–present — Trump
30 District Judge Edmund A. Sargus Jr. Columbus 1953 1996–present 2015–2019 — Clinton
31 District Judge Algenon L. Marbley Columbus 1954 1997–present 2019–2024 — Clinton
34 District Judge Michael H. Watson Columbus 1956 2004–present — — G.W. Bush
38 District Judge Douglas R. Cole Cincinnati 1964 2019–present — — Trump
39 District Judge Matthew W. McFarland Cincinnati 1967 2019–present — — Trump
40 District Judge Michael J. Newman Dayton 1960 2020–present — — Trump
41 District Judge Jeffery P. Hopkins Cincinnati 1960 2022–present — — Biden
23 Senior Judge Walter Herbert Rice Dayton 1937 1980–2004 1996–2003 2004–present Carter
25 Senior Judge Herman Jacob Weber Cincinnati 1927 1985–2002 — 2002–present Reagan
26 Senior Judge James L. Graham Columbus 1939 1986–2004 2003–2004 2004–present Reagan
28 Senior Judge Sandra Beckwith Cincinnati 1943 1992–2009 2004–2009 2009–present G.H.W. Bush
29 Senior Judge Susan J. Dlott Cincinnati 1949 1995–2018 2009–2015 2018–present Clinton
32 Senior Judge Thomas M. Rose Dayton 1948 2002–2017 — 2017–present G.W. Bush
35 Senior Judge Michael R. Barrett Cincinnati 1951 2006–2019 — 2019–present G.W. Bush
36 Senior Judge Timothy Black Cincinnati 1953 2010–2022 — 2022–present Obama

Vacancies and pending nominations

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Seat Prior Judge's Duty Station Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination
8 Columbus Algenon L. Marbley Senior status TBD[4] – –

Former judges

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# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 Humphrey H. Leavitt OH 1796–1873 1855–1871[Note 1] — — Jackson/Operation of law retirement
2 Philip Bergen Swing OH 1820–1882 1871–1882 — — Grant death
3 William White OH 1822–1883 1883[Note 2] — — Arthur death
4 George Read Sage OH 1828–1898 1883–1898[Note 3] — — Arthur retirement
5 Albert C. Thompson OH 1842–1910 1898–1910[Note 4] — — McKinley death
6 John Elbert Sater OH 1854–1937 1907–1924[Note 5] — — T. Roosevelt retirement
7 Howard Clark Hollister OH 1856–1919 1910–1919 — — Taft death
8 John Weld Peck OH 1874–1937 1919–1923 — — Wilson resignation
9 Smith Hickenlooper OH 1880–1933 1923–1929 — — Harding elevation to 6th Cir.
10 Benson W. Hough OH 1875–1935 1925–1935 — — Coolidge death
11 Robert Reasoner Nevin OH 1875–1952 1929–1952 1948–1952 — Coolidge death
12 Mell G. Underwood OH 1892–1972 1936–1965 1953–1962 1965–1972 F. Roosevelt death
13 John H. Druffel OH 1886–1967 1937–1961[Note 6] — 1961–1967 F. Roosevelt death
14 Lester LeFevre Cecil OH 1893–1982 1953–1959 — — Eisenhower elevation to 6th Cir.
15 Carl Andrew Weinman OH 1903–1979 1959–1973 1962–1973 1973–1979 Eisenhower death
16 John Weld Peck II OH 1913–1993 1961–1966[Note 7] — — Kennedy elevation to 6th Cir.
17 Joseph Peter Kinneary OH 1905–2003 1966–1986 1973–1975 1986–2003 L. Johnson death
18 Timothy Sylvester Hogan OH 1909–1989 1966–1979 1975–1977 1979–1989 L. Johnson death
19 David Stewart Porter OH 1909–1989 1966–1979 1977–1979 1979–1989 L. Johnson death
20 Carl Bernard Rubin OH 1920–1995 1971–1995 1979–1990 — Nixon death
21 Robert Morton Duncan OH 1927–2012 1974–1985 — — Nixon resignation
22 John David Holschuh OH 1926–2011 1980–1996 1990–1996 1996–2011 Carter death
24 S. Arthur Spiegel OH 1920–2014 1980–1995 — 1995–2014 Carter death
27 George Curtis Smith OH 1935–2020 1987–2002 — 2002–2020 Reagan death
33 Gregory L. Frost OH 1949–present 2003–2016 — — G.W. Bush retirement
  1. ^ Reassigned from the District of Ohio.
  2. ^ White was confirmed and received his commission, but died without taking the oath of office or commencing service.
  3. ^ Recess appointment; formally nominated on December 18, 1883, confirmed by the United States Senate on January 7, 1884, and received commission the same day.
  4. ^ Recess appointment; formally nominated on December 13, 1898, confirmed by the Senate on December 20, 1898, and received commission the same day.
  5. ^ Recess appointment; formally nominated on December 8, 1908, confirmed by the Senate on March 1, 1909, and received commission the same day.
  6. ^ Recess appointment; formally nominated on November 16, 1937, confirmed by the Senate on December 8, 1937, and received commission on December 14, 1937.
  7. ^ Recess appointment; formally nominated on January 15, 1962, confirmed by the Senate on April 11, 1962, and received commission on April 12, 1962.

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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Term start Term end United States Attorney[5]
1855 1856 Hugh J. Jewett
1856 1858 John O'Neill
1858 1861 Stanley Matthews
1861 1865 Flamen Ball
1865 1866 Richard Corwine
1866 1869 Durbin Ward
1869 1877 Warner Bateman
1877 1885 Channing Richards
1885 1887 Philip Kumler
1887 1889 William Burnet
1889 1894 John Herron
1894 1898 Harlan Cleveland
1898 1903 William Bundy
1903 1916 Sherman McPherson
1916 1920 Stuart Bolin
1920 1922 James Clark
1922 1923 Thomas Morrow
1923 1925 Benson W. Hough
1925 1934 Haveth Mau
1934 1939 Francis Canny
1939 1939 James Cleveland
1939 1944 Leo Crawford
1944 1946 Byron B. Harlan
1946 1953 Ray O'Donnell
1953 1961 Hugh Martin
1961 1966 Joseph Peter Kinneary
1966 1969 Robert Draper
1969 1969 Roger Makley
1969 1977 William Milligan
1977 1978 James Rattan
1978 1982 James Cissell
1982 1985 Christopher Barnes
1985 1986 Anthony Nyktas
1986 1993 Michael Crites
1993 1993 Barbara Beran
1993 1996 Edmund A. Sargus Jr.
1996 1997 Dale Goldberg
1997 2001 Sharon Zealey
2001 2001 Salvador Dominguez
2001 2009 Gregory Lockhart
2009 2016 Carter M. Stewart
2016 2019 Benjamin C. Glassman (Acting)
2019 2021 David M. DeVillers
2021 2021 Vipal J. Patel (Acting)
2021 Present Kenneth L. Parker

See also

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Notes

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  1. ^ "PN1199 - Nomination of Kenneth L. Parker for Department of Justice, 117th Congress (2021-2022)". www.congress.gov. 2021-11-19. Retrieved 2021-11-24.
  2. ^ Asbury Dickens, A Synoptical Index to the Laws and Treaties of the United States of America (1852), p. 392.
  3. ^ a b c d e f U.S. District Courts of Ohio, Legislative history, Federal Judicial Center.
  4. ^ "Future Judicial Vacancies | United States Courts". www.uscourts.gov.
  5. ^ "History of the U.S. Attorney Southern District of Ohio". United States Attorney's Office Southern District of Ohio. Retrieved 2012-11-15.
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39°06′06.8″N 84°30′38.4″W / 39.101889°N 84.510667°W / 39.101889; -84.510667

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