United States District Court for the Western District of North Carolina
Encyclopedia
The United States District Court for the Western District of North Carolina (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.N.C.) 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...

 which covers the western third of North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...

.

Appeals from the Western District of North Carolina are taken to the United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...

 (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...

).

Jurisdiction

The court's jurisdiction comprises the following counties: Alexander
Alexander County, North Carolina
-Demographics:As of the census of 2000, there were 33,603 people, 13,137 households, and 9,747 families residing in the county. The population density was 129 people per square mile . There were 14,098 housing units at an average density of 54 per square mile...

, Anson
Anson County, North Carolina
-See also:*National Register of Historic Places listings in Anson County, North Carolina-External links:*...

, Ashe
Ashe County, North Carolina
- History :Historical evidence shows that Ashe county was inhabited by Native Americans, which included the Cherokee, Creek, and Shawnee tribes. Pieces of broken pottery, arrowheads, and other Native American artifacts have been found, indicating their presence...

, Avery
Avery County, North Carolina
- Climate :As a result of its relatively high elevation, Avery County has a Humid continental climate enjoying considerably cooler summers than most of the rest of the Eastern US. Likewise, winters are longer, colder and snowier than most other locations in the region. This can be evidenced by the...

, Buncombe
Buncombe County, North Carolina
-Demographics:As of the census of 2000, there were 206,330 people, 85,776 households, and 55,668 families residing in the county. The population density was 314 people per square mile . There were 93,973 housing units at an average density of 143 per square mile...

, Burke
Burke County, North Carolina
-Demographics:As of the census of 2000, there were 89,148 people, 34,528 households, and 24,342 families residing in the county. The population density was 176 people per square mile . There were 37,427 housing units at an average density of 74 per square mile...

, Caldwell
Caldwell County, North Carolina
-Demographics:As of the census of 2000, there were 77,415 people, 30,768 households, and 22,399 families residing in the county. The population density was 164 people per square mile . There were 33,430 housing units at an average density of 71 per square mile...

, Catawba
Catawba County, North Carolina
-Demographics:As of the census of 2010, there were 160,000 people, 55,533 households, and 39,095 families residing in the county. The population density was 354 people per square mile . There were 59,919 housing units at an average density of 150 per square mile...

, Cherokee
Cherokee County, North Carolina
- Transportation :Cherokee County is well known in North Carolina as the westernmost of the state's 100 counties. Several US and state highways serve the county, linking it with other regions of North Carolina, along with the neighboring states of Georgia and Tennessee.US 64 - the longest highway...

, Clay
Clay County, North Carolina
-Communities and Townships:Hayesville, with a 2000 population of 297, is the only incorporated town in the county, the county seat, and center of economic activity for Clay County...

, Cleveland
Cleveland County, North Carolina
-Demographics:As of the census of 2010, there were 98,078 people, 37,046 households, and 27,006 families residing in the county. The population density was 207 people per square mile . There were 40,317 housing units at an average density of 87 per square mile...

, Gaston
Gaston County, North Carolina
Gaston County is a county located just west of Charlotte in the southern Piedmont in the U.S. state of North Carolina. It is the third largest county, by population, in the Charlotte Metropolitan Area, officially designated the Charlotte-Gastonia-Concord Metropolitan Statistical Area . As of...

, Graham
Graham County, North Carolina
-Demographics:As of the census of 2000, there were 7,993 people, 3,354 households, and 2,411 families residing in the county. The population density was 27 people per square mile . There were 5,084 housing units at an average density of 17 per square mile...

, Haywood
Haywood County, North Carolina
-National protected areas:* Blue Ridge Parkway * Great Smoky Mountains National Park * Pisgah National Forest -Major Highways & Roads:* Interstate 40* U.S. Highway 19* U.S. Highway 23* U.S. Highway 74* U.S...

, Henderson
Henderson County, North Carolina
Henderson County is a county located in the U.S. state of North Carolina. It is part of the Asheville, North Carolina, Metropolitan Statistical Area. As of 2008, the population was 102,367. Its county seat is Hendersonville.- History :...

, Iredell
Iredell County, North Carolina
Iredell County, along with Moore County in the eastern Piedmont, are among a very few counties in the United States sharing borders with nine adjacent counties.-Demographics:...

, Jackson
Jackson County, North Carolina
Jackson County is a county located in the southwest of the U.S. state of North Carolina. As of 2010, the population was 40,271. Since 1913 its county seat has been Sylva, replacing Webster.-History:...

, Lincoln
Lincoln County, North Carolina
-Demographics:As of the census of 2010, there were 71,498 people, 24,041 households, and 18,174 families residing in the county. The population density was 214 people per square mile . There were 25,717 housing units at an average density of 86 per square mile...

, Macon
Macon County, North Carolina
- Geographic features :Of the in Macon County, are federal lands that lie within the Nantahala National Forest and are administered by the United States Forest Service. Of the of USFS land, lie in the Highlands Ranger District and the remaining lie in the Wayah Ranger District...

, Madison
Madison County, North Carolina
-Demographics:As of the census of 2000, there were 19,635 people, 8,000 households, and 5,592 families residing in the county. The population density was 44 people per square mile . There were 9,722 housing units at an average density of 22 per square mile...

, McDowell
McDowell County, North Carolina
-Cities and towns:*Marion *Old Fort-Unincorporated places:*West Marion*Little Switzerland*Nebo*Glenwood*Pleasant Gardens*North Cove-Education:The following is a list of schools located in McDowell County:*Marion Elementary School...

, Mecklenburg
Mecklenburg County, North Carolina
-Air:The county's primary commercial aviation airport is Charlotte Douglas International Airport in Charlotte.- Intercity rail :With twenty-five freight trains a day, Mecklenburg is a freight railroad transportation center, largely due to its place on the NS main line between Washington and Atlanta...

, Mitchell
Mitchell County, North Carolina
-National protected areas:* Blue Ridge Parkway * Pisgah National Forest -Demographics:As of the census of 2000, there were 15,687 people, 6,551 households, and 4,736 families residing in the county. The population density was 71 people per square mile . There were 7,919 housing units at an...

, Polk
Polk County, North Carolina
Polk County is a county located in the U.S. state of North Carolina. As of 2010, the population was 20,510. Its county seat is Columbus.-History:The county was formed in 1855 from parts of Henderson County and Rutherford County...

, Rutherford
Rutherford County, North Carolina
-Demographics:As of the census of 2000, there were 62,899 people, 25,191 households, and 17,935 families residing in the county. The population density was 112 people per square mile . There were 29,535 housing units at an average density of 52 per square mile...

, Swain
Swain County, North Carolina
Swain County is a county located in the U.S. state of North Carolina. As of 2000, the population was 12,968. Its county seat is Bryson City.Swain County is home of the Nantahala River . The Nantahala is one of the most popular whitewater rafting rivers in the nation...

, Transylvania
Transylvania County, North Carolina
Transylvania County is a county located in the U.S. state of North Carolina. As of 2010, the population was 33,090. Its county seat is Brevard.- History :The county was formed in 1861 from parts of Henderson County and Jackson County...

, Union
Union County, North Carolina
-Demographics:As of the census of 2000, there were 123,677 people, 43,390 households, and 34,278 families residing in the county. The population density was 194 people per square mile . There were 45,695 housing units at an average density of 72 per square mile...

, Watauga
Watauga County, North Carolina
-Demographics:As of the census of 2000, there were 42,695 people, 16,540 households, and 9,411 families residing in the county. The population density was 137 people per square mile . There were 23,155 housing units at an average density of 74 per square mile...

, Wilkes
Wilkes County, North Carolina
Wilkes County is a county located in the U.S. state of North Carolina. The 2000 U.S. Census listed the county's population at 65,632; the 2010 U.S. Census listed the population at 69,340...

 and Yancey
Yancey County, North Carolina
-Demographics:As of the census of 2000, there were 17,774 people, 7,472 households, and 5,372 families residing in the county. The population density was 57 people per square mile . There were 9,729 housing units at an average density of 31 per square mile...

. It has jurisdiction over the cities of Asheville
Asheville, North Carolina
Asheville is a city in and the county seat of Buncombe County, North Carolina, United States. It is the largest city in Western North Carolina, and the 11th largest city in North Carolina. The City is home to the United States National Climatic Data Center , which is the world's largest active...

, Charlotte
Charlotte, North Carolina
Charlotte is the largest city in the U.S. state of North Carolina and the seat of Mecklenburg County. In 2010, Charlotte's population according to the US Census Bureau was 731,424, making it the 17th largest city in the United States based on population. The Charlotte metropolitan area had a 2009...

, Hickory
Hickory, North Carolina
Hickory is a city in Catawba County, North Carolina. Hickory has the 162nd largest urban area in the United States. As of the 2000 census, the Metropolitan Statistical Area had a population of 341,851, making it the 4th largest metropolitan area in North Carolina. The city's population was 37,222...

, and Statesville
Statesville, North Carolina
Statesville is a city located in Iredell County, North Carolina, United States and was named an All-America City in 1997 and 2009. The population was 24,633 at the 2010 census...

.

The United States Attorney's Office for the Western District of North Carolina represents the United States in civil and criminal litigation in the court.

History

The United States District Court for the District of North Carolina was established on June 4, 1790, by 1 Stat. 126. On June 9, 1794 it was subdivided into three districts by 1 Stat. 395, but on March 3, 1797, the three districts were abolished and the single District restored by 1 Stat. 517, until April 29, 1802, when the state was again subdivided into three different districts by 2 Stat. 156.

In both instances, these districts, unlike those with geographic designations that existed in other states, were titled by the names of the cities in which the courts sat. After the first division, they were styled the District of Edenton, the District of New Bern, and the District of Wilmington; after the second division, they were styled the District of Albemarle, the District of Cape Fear, and the District of Pamptico. However, in both instances, only one judge was authorized to serve all three districts, causing them to effectively operate as a single district. The latter combination was occasionally referred to by the cumbersome title of the United States District Court for the Albemarle, Cape Fear & Pamptico Districts of North Carolina.

On June 4, 1872, North Carolina was re-divided into two Districts, Eastern
United States District Court for the Eastern District of North Carolina
The United States District Court for the Eastern District of North Carolina is the United States District Court that serves the eastern 44 counties in North Carolina. Appeals from the Eastern District of North Carolina are taken to the United States Court of Appeals for the Fourth Circuit The...

 and Western, by 17 Stat. 215. The presiding judge of the District of North Carolina, George Washington Brooks
George Washington Brooks
George Washington Brooks was a United States federal judge.Born in Elizabeth City, North Carolina, Brooks read law to enter the Bar in 1846...

, was then reassigned to preside over only the Eastern District, allowing President Ulysses S. Grant
Ulysses S. Grant
Ulysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America...

 to appoint Robert P. Dick
Robert P. Dick
Robert Paine Dick was an attorney, North Carolina Supreme Court justice , and United States District Court judge . Originally a Democrat, Dick served as United States attorney for the District of North Carolina from 1853 to 1861...

 to be the first judge of the Western District of North Carolina. The Middle
United States District Court for the Middle District of North Carolina
The U.S. District Court for the Middle District of North Carolina is a United States district court with jurisdiction over 24 counties in the center of North Carolina...

 District was created from portions of the Eastern and Western Districts on March 2, 1927, by 44 Stat. 1339.

Current judges

  • Three magistrate judges serve the District: David Cayer; Dennis L. Howell; and David C. Keesler.


Former judges

Judge Appointed by Began active
service
Ended active
service
Ended senior
status
End reason
James Edmund Boyd
James Edmund Boyd
James Edmund Boyd was a United States federal judge.Boyd was born in Alamance County, North Carolina, a child of Archibald J. Boyd and Margaret Wetherly Brannock. He served in the Civil War as a private in the Confederate States Army...

William McKinley
William McKinley
William McKinley, Jr. was the 25th President of the United States . He is best known for winning fiercely fought elections, while supporting the gold standard and high tariffs; he succeeded in forging a Republican coalition that for the most part dominated national politics until the 1930s...

}||||–||death
|-
| James Braxton Craven, Jr.
James Braxton Craven, Jr.
James Braxton Craven, Jr. was a United States federal judge.Craven was born in Lenoir, North Carolina. He received an A.B. from Duke University in 1939 and an LL.B. from Harvard Law School in 1942. He was a Solicitor for Burke County, North Carolina in 1947. He was in private practice of law in...

||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
|-
| Robert P. Dick
Robert P. Dick
Robert Paine Dick was an attorney, North Carolina Supreme Court justice , and United States District Court judge . Originally a Democrat, Dick served as United States attorney for the District of North Carolina from 1853 to 1861...

||Ulysses S. Grant
Ulysses S. Grant
Ulysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America...

||||||–||retirement
|-
| Hamilton G. Ewart
Hamilton G. Ewart
Hamilton Glover Ewart was briefly both a U.S. Representative from North Carolina and a United States federal judge.-Early life, education, and career:...

||William McKinley
William McKinley
William McKinley, Jr. was the 25th President of the United States . He is best known for winning fiercely fought elections, while supporting the gold standard and high tariffs; he succeeded in forging a Republican coalition that for the most part dominated national politics until the 1930s...

||||||–||–
|-
| Hamilton G. Ewart
Hamilton G. Ewart
Hamilton Glover Ewart was briefly both a U.S. Representative from North Carolina and a United States federal judge.-Early life, education, and career:...

||William McKinley
William McKinley
William McKinley, Jr. was the 25th President of the United States . He is best known for winning fiercely fought elections, while supporting the gold standard and high tariffs; he succeeded in forging a Republican coalition that for the most part dominated national politics until the 1930s...

||||||–||–
|-
| David Ezekiel Henderson
David Ezekiel Henderson
David Ezekiel Henderson was a United States federal judge.Born in Deppe, North Carolina, Henderson attended the University of North Carolina at Chapel Hill and read law in 1905. He was in private practice in New Bern, North Carolina from 1905 to 1918, and then in Charlotte, North Carolina from...

||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...

||||||–||resignation
|-
| Woodrow W. Jones
Woodrow W. Jones
Woodrow Wilson Jones was a United States Representative and a federal judge from North Carolina. He was born in Green Hill Township, Rutherford County, North Carolina and attended the public schools of Rutherford 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
|-
| Harold Brent McKnight
Harold Brent McKnight
Harold Brent McKnight was a United States federal judge.Born in Mooresville, North Carolina, McKnight received a B.A. from the University of North Carolina, Chapel Hill in 1974; an M.A. from Magdalen College, Oxford University in 1976; and a J.D. from the University of North Carolina in 1980...

||George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....

||||||–||death
|-
| James Bryan McMillan
James Bryan McMillan
James Bryan McMillan was a United States federal judge.Born in Goldsboro, North Carolina, McMillan received an A.B. from the University of North Carolina, Chapel Hill in 1937 and an LL.B. from Harvard Law School in 1940. He was a Staff attorney of State Attorney General's Office, North Carolina...

||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
|-
| Robert Daniel Potter
Robert Daniel Potter
Robert Daniel Potter was a United States federal judge.Born in Wilmington, North Carolina, Potter was in the United States Army during World War II, from 1944 to 1947. He received an A.B. from Duke University in 1947 and an LL.B. from Duke University School of Law in 1950. He was in private...

||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....

||||||||death
|-
| David B. Sentelle
David B. Sentelle
Judge David Bryan Sentelle is the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit.- Early life and education :...

||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
|-
| Lacy Thornburg
Lacy Thornburg
Lacy Herman Thornburg an American lawyer and judge, was North Carolina attorney general from 1985 to 1993.After serving in the United States Army, Thornburg attended Mars Hill College when it was a junior college. He then earned a law degree at the University of North Carolina at Chapel Hill...

||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...

||||||–||retirement
|-
| Wilson Warlick
Wilson Warlick
Wilson Warlick was a United States federal judge.Warlick was born in Newton, North Carolina. He received a B.S. from Catawba College in 1911 and an LL.B. from the University of North Carolina School of Law in 1913. He was in private practice of law in Newton, North Carolina from 1913 to 1930...

||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
|-
| Edwin Y. Webb||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
|}

U.S. Attorneys for the Western District

The Western and Eastern
United States District Court for the Eastern District of North Carolina
The United States District Court for the Eastern District of North Carolina is the United States District Court that serves the eastern 44 counties in North Carolina. Appeals from the Eastern District of North Carolina are taken to the United States Court of Appeals for the Fourth Circuit The...

 districts were created in 1872. D. H. Starbuck, who was serving as U.S. Attorney for the entire state, continued in office by serving as Attorney for the Western District.
  • D. H. Starbuck
    D. H. Starbuck
    Darius H. Starbuck was a North Carolina lawyer and political figure who served as United States Attorney for the entire state, and then for the Western District of North Carolina after the state was divided into two districts...

     (1870–76)
  • Virgil S. Lusk (1876–80)
  • James E. Boyd (1880–85)
  • Hamilton C. Jones, Jr. (1885–89)
  • Charles Price (1889–93)
  • Robert B. Glenn (1893–97)
  • Alfred E. Holton (1897–1914)
  • William C. Hammer
    William C. Hammer
    William Cicero Hammer was a U.S. Representative from North Carolina.Born near Asheboro, North Carolina, Hammer attended private and common schools....

     (1914–20)
  • Stonewall J. Durham (1920–21)
  • Frank A. Linney (1921–27)
  • Thomas J. Harkins (1927–31)
  • Charles A. Jonas
    Charles A. Jonas
    Charles Andrew Jonas was a U.S. Representative from North Carolina, and the father of Rep. Charles Raper Jonas....

     (1931–32)
  • Frank Caldwell Patton (1932–1933)
  • Marcus Erwin (1933–39)
  • W. Roy Francis (1939–40)
  • Theron L. Candle (1940–45)
  • David E. Henderson (1945–48)
  • Thomas E. Uzzell (1948–53)
  • James M. Baley, Jr.
    James M. Baley, Jr.
    James M. Baley, Jr. was a North Carolina lawyer and judge. A Republican, he served in the North Carolina House of Representatives, representing Madison County, in the General Assemblies of 1937-38 and 1939-40. He served as United States Attorney for the Western District of North Carolina under...

     (1953–61)
  • Hugh E. Monteith (1961)
  • William Medford (1961–69)
  • James O. Israel, Jr. (1969)
  • Keith S. Snyder (1969–77)
  • Harold M. Edwards (1977–81)
  • Harold J. Bender (1981)
  • Charles R. Brewer (1981–87)
  • Thomas J. Ashcraft (1987–93)
  • Jerry W. Miller (1993)
  • Mark T. Calloway (1994–2001)
  • Robert J. Conrad, Jr. (2001–2004)
  • Gretchen Shappert
    Gretchen Shappert
    Gretchen C. F. Shappert was United States District Attorney for the western district of North Carolina from 2004-2009.Shappert stressed tough prosecution of drug offenders while in office. Shappert also served as chair of the Justice Department's subcommitee on Native American issues...

     (2004–2009)
  • Edward R. Ryan (acting; 2009–2010)
  • Anne Tompkins
    Anne Tompkins
    Anne Magee Tompkins is an American lawyer who serves as the United States Attorney for the Western District of North Carolina.- Early life and education :...

     (2010–Present)

See also


External links

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