United States District Court for the Western District of Virginia
Encyclopedia
The United States District Court for the Western District of Virginia (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. Va.) is a United States 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...

.

Appeals from the Western District of Virginia 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...

).

The court is seated at multiple locations in Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...

: Abingdon
Abingdon, Virginia
Abingdon is a town in Washington County, Virginia, USA, 133 miles southwest of Roanoke. The population was 8,191 at the 2010 census. It is the county seat of Washington County and is a designated Virginia Historic Landmark...

, Big Stone Gap
Big Stone Gap, Virginia
Big Stone Gap is a town in Wise County, Virginia, United States. The population was 5,643 at the 2010 census.-History:The community was formerly known as "Meneral City" and "Three Forks." The "Big Stone Gap" refers to the valley which has been created on the Appalachia Straight, located between...

, Charlottesville
Charlottesville, Virginia
Charlottesville is an independent city geographically surrounded by but separate from Albemarle County in the Commonwealth of Virginia, United States, and named after Charlotte of Mecklenburg-Strelitz, the queen consort of King George III of the United Kingdom.The official population estimate for...

, Danville
Danville, Virginia
Danville is an independent city in Virginia, United States, bounded by Pittsylvania County, Virginia and Caswell County, North Carolina. It was the last capital of the Confederate States of America. The Bureau of Economic Analysis combines the city of Danville with Pittsylvania county for...

, Harrisonburg
Harrisonburg, Virginia
Harrisonburg is an independent city in the Shenandoah Valley region of Virginia in the United States. Its population as of 2010 is 48,914, and at the 2000 census, 40,468. Harrisonburg is the county seat of Rockingham County and the core city of the Harrisonburg, Virginia Metropolitan Statistical...

, Lynchburg
Lynchburg, Virginia
Lynchburg is an independent city in the Commonwealth of Virginia. The population was 75,568 as of 2010. Located in the foothills of the Blue Ridge Mountains along the banks of the James River, Lynchburg is known as the "City of Seven Hills" or "The Hill City." Lynchburg was the only major city in...

 and Roanoke
Roanoke, Virginia
Roanoke is an independent city in the Mid-Atlantic U.S. state of Virginia and is the tenth-largest city in the Commonwealth. It is located in the Roanoke Valley of the Roanoke Region of Virginia. The population within the city limits was 97,032 as of 2010...

.

History

The United States District Court for the District of Virginia was one of the original 13 courts established by the Judiciary Act of 1789
Judiciary Act of 1789
The United States Judiciary Act of 1789 was a landmark statute adopted on September 24, 1789 in the first session of the First United States Congress establishing the U.S. federal judiciary...

, 1 Stat. 73, on September 24, 1789.

On February 13, 1801, the Judiciary Act of 1801, 2 Stat. 89, divided Virginia into three judicial districts: the District of Virginia, which included the counties west of the Tidewater and south of the Rappahannock River
Rappahannock River
The Rappahannock River is a river in eastern Virginia, in the United States, approximately in length. It traverses the entire northern part of the state, from the Blue Ridge Mountains in the west, across the Piedmont, to the Chesapeake Bay, south of the Potomac River.An important river in American...

; the District of Norfolk, which included the Tidewater counties south of the Rappahannock; and the District of Potomac
United States District Court for the District of Potomac
The United States District Court for the District of Potomac was a short-lived United States federal court. Named for the Potomac River, it had jurisdiction over the District of Columbia and pieces of Maryland and Virginia, making it the first United States district court to cross state lines...

, which included the counties north and east of the Rappahannock as well as Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...

 counties along the Potomac. Just over a year later, on March 8, 1802, the Judiciary Act of 1801 was repealed and Virginia became a single District again, 2 Stat. 132, effective July 1, 1802.

The District of Virginia was subdivided into Eastern
United States District Court for the Eastern District of Virginia
The United States District Court for the Eastern District of Virginia is one of two United States district courts serving the Commonwealth of Virginia...

 and Western Districts on February 4, 1819, by 3 Stat. 478. At that time, West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...

 was still part of Virginia, and was encompassed in Virginia's Western District, while the Eastern District essentially covered what is now the entire state of Virginia. With the division of West Virginia from Virginia during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...

, the Western District of Virginia became the District of West Virginia, and those parts of the Western District that were not part of West Virginia were combined with the Eastern District to form again a single District of Virginia on June 11, 1864, by 13 Stat. 124. Congress again divided Virginia into Eastern and the Western Districts on February 3, 1871, by 16 Stat. 403.

Judges, U.S. Attorney, and Jurisdiction

The U.S. attorney for the Western District of Virginia represents the federal government in the court. The United States Attorney is Tim Heaphy
Tim Heaphy
Tim Heaphy is a white-collar criminal defense attorney, law professor and current United States Attorney for the Western District of Virginia.- Education and Early Career :...

. The last, John L. Brownlee
John L. Brownlee
John L. Brownlee is a former United States Attorney for the Western District of Virginia and a former Republican candidate for the office of Attorney General of Virginia.-Personal:...

, resigned in May 2008 to run for the Republican Party
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

 nomination for Attorney General of Virginia
Attorney General of Virginia
The Attorney General of Virginia is an executive office in the Government of Virginia. Attorneys General are elected for a four-year term in the year following a presidential election . There are no term limits restricting the number of terms someone can serve as Attorney General...

.

The U.S. Marshal for the Western District of Virginia is Wayne Pike.

The Western District of Virginia covers the counties of Albemarle, Alleghany, Amherst, Appomattox, Augusta, Bath, Bedford, Bland, Botetourt, Buchanan, Buckingham, Campbell, Carroll, Charlotte, Clarke, Craig, Culpeper, Cumberland, Dickenson, Floyd, Fluvanna, Franklin, Frederick, Giles, Grayson, Greene, Halifax, Henry, Highland, Lee, Louisa, Madison, Montgomery, Nelson, Orange, Page, Patrick, Pittsylvania, Pulaski, Rappahannock, Roanoke, Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Tazewell, Warren, Washington, Wise, and Wythe; and the independent cities of Bedford, Bristol, Buena Vista, Charlottesville, Covington, Danville, Galax, Harrisonburg, Lexington, Lynchburg, Martinsville, Norton, Radford, Roanoke, Salem, Staunton, Waynesboro, and Winchester.

External links

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