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United States district court: Difference between revisions
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{{Use mdy dates|date=August 2020}} | {{Use mdy dates|date=August 2020}} | ||
[[File:US Court of Appeals and District Court map.svg|thumb|upright=1.8|right|Map of the boundaries of the United States district courts within each of the 13 circuits of the [[United States courts of appeals]]. All district courts lie within the boundary of a single jurisdiction, usually in [[U.S. state|a state]] (heavier lines). Some states have more than one district court (dotted lines denote those jurisdictions)]] | [[File:US Court of Appeals and District Court map.svg|thumb|upright=1.8|right|Map of the boundaries of the United States district courts within each of the 13 circuits of the [[United States courts of appeals]]. All district courts lie within the boundary of a single jurisdiction, usually in [[U.S. state|a state]] (heavier lines). Some states have more than one district court (dotted lines denote those jurisdictions)]] | ||
The '''United States district courts''' are the [[trial court]]s of the [[United States federal judiciary|U.S. federal judiciary]]. There is one district court for each [[United States federal judicial district|federal judicial district]]. Each district covers one [[U.S. state]] or a portion of a state. There is at least one federal courthouse in each district, and many districts have more than one. District court decisions are appealed to the [[United States courts of appeals|U.S. court of appeals]] for the circuit in which they reside, except for certain specialized cases that are appealed to the [[United States Court of Appeals for the Federal Circuit|U.S. Court of Appeals for the Federal Circuit]] or directly to the [[Supreme Court of the United States|U.S. Supreme Court]]. | The '''United States district courts''' are the [[trial court]]s of the [[United States federal judiciary|U.S. federal judiciary]]. There is one district court for each [[United States federal judicial district|federal judicial district]]. Each district covers one [[U.S. state]] or a portion of a state. There is at least one federal courthouse in each district, and many districts have more than one. District court decisions are appealed to the [[United States courts of appeals|U.S. court of appeals]] for the circuit in which they reside, except for certain specialized cases that are appealed to the [[United States Court of Appeals for the Federal Circuit|U.S. Court of Appeals for the Federal Circuit]] or directly to the [[Supreme Court of the United States|U.S. Supreme Court]]. | ||
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==Judges== | ==Judges== | ||
{{Main|United States federal judge}} | {{Main|United States federal judge}} | ||
A judge of a United States district court is officially titled a "United States District Judge". Other [[federal judge]]s, including [[United States court of appeals|circuit judges]] and [[List of justices of the Supreme Court of the United States|Supreme Court justice]]s, can also sit in a district court upon assignment by the chief judge of the circuit or by the [[Chief Justice of the United States]]. The number of judges in each district court (and the structure of the judicial system generally) is set by [[United States Congress|Congress]] in the [[United States Code]]. The [[President of the United States|president]] appoints the federal judges for terms of good behavior (subject to the [[advice and consent]] of the [[United States Senate|Senate]]), so the nominees often share at least some of his or her convictions. In states represented by a senator of the president's party, the senator (or the more senior of them if both senators are of the president's party) has substantial input into the nominating process, and through a tradition known as | A judge of a United States district court is officially titled a "United States District Judge". Other [[federal judge]]s, including [[United States court of appeals|circuit judges]] and [[List of justices of the Supreme Court of the United States|Supreme Court justice]]s, can also sit in a district court upon assignment by the chief judge of the circuit or by the [[Chief Justice of the United States]]. The number of judges in each district court (and the structure of the judicial system generally) is set by [[United States Congress|Congress]] in the [[United States Code]]. The [[President of the United States|president]] appoints the federal judges for terms of good behavior (subject to the [[advice and consent]] of the [[United States Senate|Senate]]), so the nominees often share at least some of his or her convictions. In states represented by a senator of the president's party, the senator (or the more senior of them if both senators are of the president's party) has substantial input into the nominating process, and through a tradition known as senatorial courtesy can exercise an unofficial veto over a nominee unacceptable to the senator. | ||
Federal magistrate judges are appointed by each district court pursuant to statute. They are appointed for an eight-year term and may be reappointed for additional eight-year terms. A magistrate judge may be removed "for incompetency, misconduct, neglect of duty, or physical or mental disability".<ref>{{usc|28|631}}</ref> A magistrate judgeship may be a stepping stone to a district judgeship nomination. | Federal magistrate judges are appointed by each district court pursuant to statute. They are appointed for an eight-year term and may be reappointed for additional eight-year terms. A magistrate judge may be removed "for incompetency, misconduct, neglect of duty, or physical or mental disability".<ref>{{usc|28|631}}</ref> A magistrate judgeship may be a stepping stone to a district judgeship nomination. | ||
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In order to represent a party in a case in a district court, a person must be an [[Attorney at law (United States)|attorney at law]] and generally must be admitted to the bar of that particular court. The United States usually does not have a separate [[bar examination]] for federal practice (except with respect to patent practice before the [[United States Patent and Trademark Office]]). [[Admission to the bar in the United States|Admission to the bar]] of a district court is generally available to any attorney who is admitted to practice law in the state where the district court sits.<ref group="note">Nearly all district courts have a Local Rule 11.1 or 83.1 that describes the appropriate state judicial institution which admits attorneys to practice (either the state bar association or an office or committee of the state supreme court).</ref> | In order to represent a party in a case in a district court, a person must be an [[Attorney at law (United States)|attorney at law]] and generally must be admitted to the bar of that particular court. The United States usually does not have a separate [[bar examination]] for federal practice (except with respect to patent practice before the [[United States Patent and Trademark Office]]). [[Admission to the bar in the United States|Admission to the bar]] of a district court is generally available to any attorney who is admitted to practice law in the state where the district court sits.<ref group="note">Nearly all district courts have a Local Rule 11.1 or 83.1 that describes the appropriate state judicial institution which admits attorneys to practice (either the state bar association or an office or committee of the state supreme court).</ref> | ||
56 districts (around 60% of all district courts) require an attorney to be admitted to practice in the state where the district court sits. The other 39 districts (around 40% of all district courts) extend admission to certain lawyers admitted in other states, although conditions vary from court to court. For example, the district courts in | 56 districts (around 60% of all district courts) require an attorney to be admitted to practice in the state where the district court sits. The other 39 districts (around 40% of all district courts) extend admission to certain lawyers admitted in other states, although conditions vary from court to court. For example, the district courts in New York City ([[United States District Court for the Southern District of New York|Southern District of New York]] and [[United States District Court for the Eastern District of New York|Eastern District of New York]]) extend admission to attorneys admitted to the bar in Connecticut or Vermont and to the district court in that state, but otherwise require attorneys to be admitted to the New York bar. Only 13 districts extend admission to attorneys admitted to any U.S. state bar.<ref name=":0">{{Cite web|url=http://www.msba.org/uploadedFiles/MSBA/Member_Groups/Sections/Litigation/USDCTMDSurvey0115.pdf|title=Survey of Admission Rules in Federal District Courts|year=2015|website=U.S. District Court for the District of Maryland|access-date=April 28, 2020|archive-url=https://web.archive.org/web/20151017234736/http://www.msba.org/uploadedFiles/MSBA/Member_Groups/Sections/Litigation/USDCTMDSurvey0115.pdf|archive-date=October 17, 2015|url-status=dead}}</ref><ref>{{cite web|url=http://www.fedbar.org/Resources_1/Federal-Lawyer-Magazine/2016/September/Attorney-Admission-Practices-in-the-US-Federal-Courts.aspx?FT=.pdf|title=Attorney Admission Practices in the U.S. Federal Courts|last=Okray|first=John|date=September 2016|publisher=The Federal Lawyer|archive-url=https://web.archive.org/web/20190625225523/http://www.fedbar.org/Resources_1/Federal-Lawyer-Magazine/2016/September/Attorney-Admission-Practices-in-the-US-Federal-Courts.aspx?FT=.pdf|archive-date=June 25, 2019|url-status=dead}}</ref> | ||
The attorney generally submits an application with a fee and takes the oath of admission. Local practice varies as to whether the oath is given in writing or in open court before a judge of the district. A "sponsor" admitted to the court's bar is often required. Several district courts require attorneys seeking admission to their bars to take an additional bar examination on federal law, including the following: the Southern District of Ohio,<ref>Local Rule 83.3, Local Rules of the Southern District of Ohio.</ref> the Northern District of Florida,<ref>Local Rule 11.1, Local Rules of the Northern District of Florida,</ref> and the [[United States District Court for the District of Puerto Rico|District of Puerto Rico]].<ref>Local Rule 83.1, Local Rules of the District of Puerto Rico.</ref> | The attorney generally submits an application with a fee and takes the oath of admission. Local practice varies as to whether the oath is given in writing or in open court before a judge of the district. A "sponsor" admitted to the court's bar is often required. Several district courts require attorneys seeking admission to their bars to take an additional bar examination on federal law, including the following: the Southern District of Ohio,<ref>Local Rule 83.3, Local Rules of the Southern District of Ohio.</ref> the Northern District of Florida,<ref>Local Rule 11.1, Local Rules of the Northern District of Florida,</ref> and the [[United States District Court for the District of Puerto Rico|District of Puerto Rico]].<ref>Local Rule 83.1, Local Rules of the District of Puerto Rico.</ref> | ||
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==Largest and busiest district courts== | ==Largest and busiest district courts== | ||
[[File:U.S. Court House, Los Angeles.JPG|thumb|United States Court House in downtown [[Los Angeles|Los Angeles, California]], one of several sites used by the [[United States District Court for the Central District of California|Central District of California]].]] | [[File:U.S. Court House, Los Angeles.JPG|thumb|United States Court House in downtown [[Los Angeles|Los Angeles, California]], one of several sites used by the [[United States District Court for the Central District of California|Central District of California]].]] | ||
The [[United States District Court for the Central District of California|Central District of California]] is the largest federal district by population;<ref>[https://www.justice.gov/usao-cdca/our-district Our District - USAO-CDCA]</ref> it includes all five counties that make up [[Greater Los Angeles]]. By contrast, | The [[United States District Court for the Central District of California|Central District of California]] is the largest federal district by population;<ref>[https://www.justice.gov/usao-cdca/our-district Our District - USAO-CDCA]</ref> it includes all five counties that make up [[Greater Los Angeles]]. By contrast, New York City and the surrounding [[New York metropolitan area|metropolitan area]] are divided between the [[United States District Court for the Southern District of New York|Southern District of New York]] (which includes [[Manhattan]], [[The Bronx]] and [[Westchester County, New York|Westchester County]]) and the [[United States District Court for the Eastern District of New York|Eastern District of New York]] (which includes [[Brooklyn]], [[Queens]], [[Staten Island]], [[Nassau County, New York|Nassau County]] and [[Suffolk County, New York|Suffolk County]]). New York suburbs in [[Connecticut]] and [[New Jersey]] are covered by the [[United States District Court for the District of Connecticut|District of Connecticut]] and [[United States District Court for the District of New Jersey|District of New Jersey]], respectively. | ||
The Southern District of New York and the Central District of California are the largest federal districts by number of judges, with 28 judges each.<ref>{{usc|28|133}}</ref> | The Southern District of New York and the Central District of California are the largest federal districts by number of judges, with 28 judges each.<ref>{{usc|28|133}}</ref> | ||