United States District Court for the Eastern District of Michigan

The United States District Court for the Eastern District of Michigan (in case citations, E.D. Mich.) is the Federal district court with jurisdiction over of the eastern half of the Lower Peninsula of the State of Michigan. The Court is based in Detroit, with courthouses also located in Ann Arbor, Bay City, Flint, and Port Huron. The United States Court of Appeals for the Sixth Circuit has appellate jurisdiction over the court (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).

United States District Court for the Eastern District of Michigan
(E.D. Mich.)
LocationTheodore Levin U.S. Courthouse
(Detroit)
More locations
Appeals toSixth Circuit
EstablishedFebruary 24, 1863
Judges15
Chief JudgeDenise Page Hood
Officers of the court
U.S. AttorneySaima Shafiq Mohsin
U.S. MarshalOwen M. Cypher
www.mied.uscourts.gov
Theodore Levin United States Courthouse in Detroit, taken January 2010.
Federal Building and U.S. Courthouse in Port Huron, taken August 2003.

As of January 21, 2021, the Acting United States Attorney is Saima Shafiq Mohsin.

History

The United States District Court for the District of Michigan was established on July 1, 1836, by 5 Stat. 61, with a single judgeship.[1] The district court was not assigned to a judicial circuit, but was granted the same jurisdiction as United States circuit courts, except in appeals and writs of error, which were the jurisdiction of the Supreme Court. Due to the so-called "Toledo War", a boundary dispute with Ohio, Michigan did not become a state of the Union until January 26, 1837. On March 3, 1837, Congress passed an act that repealed the circuit court jurisdiction of the U.S. District Court for the District of Michigan, assigned the District of Michigan to the Seventh Circuit, and established a U.S. circuit court for the district, 5 Stat. 176.[1]

On July 15, 1862, Congress reorganized the circuits and assigned Michigan to the Eighth Circuit by 12 Stat. 576,[1] and on January 28, 1863, the Congress again reorganized Seventh and Eight Circuits and assigned Michigan to the Seventh Circuit, by 12 Stat. 637.[1] On February 24, 1863, Congress divided the District of Michigan into the Eastern and the Western Districts, with one judgeship authorized for each district, by 12 Stat. 660. Ross Wilkins, who had been the only district judge to serve the District of Michigan, was reassigned to the Eastern District.[1][2] Finally, on July 23, 1866, by 14 Stat. 209, Congress assigned the two Districts in Michigan to the Sixth Circuit, where they remain.[1]

Divisions

The Eastern District comprises two divisions.[3]

The Northern Division

The Northern Division comprises the counties of Alcona, Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Gladwin, Gratiot, Huron, Iosco, Isabella, Midland, Montmorency, Ogemaw, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, and Tuscola.[3]

Court for the Northern Division is held in Bay City.[3]

The Southern Division

The Southern Division comprises the counties of Genesee, Jackson, Lapeer, Lenawee, Livingston, Macomb, Monroe, Oakland, Saint Clair, Sanilac, Shiawassee, Washtenaw, and Wayne.[3]

Court for the Southern Division is held in Ann Arbor, Detroit, Flint, and Port Huron.[3]

Notable cases

Some of the notable cases that have come before the United States District Court for the Eastern District of Michigan include:

Current judges

As of June 29, 2020:

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
49 Chief Judge Denise Page Hood Detroit 1952 1994–present 2015–present — Clinton
50 District Judge Paul D. Borman Detroit 1939 1994–present — — Clinton
54 District Judge Victoria A. Roberts Detroit 1951 1998–present — — Clinton
56 District Judge David M. Lawson Detroit 1951 2000–present — — Clinton
57 District Judge Sean Cox Detroit 1957 2006–present — — G.W. Bush
58 District Judge Thomas Lamson Ludington Bay City 1953 2006–present — — G.W. Bush
59 District Judge Stephen Murphy III Detroit 1962 2008–present — — G.W. Bush
60 District Judge Mark A. Goldsmith Detroit 1952 2010–present — — Obama
61 District Judge Gershwin A. Drain Detroit 1949 2012–present — — Obama
62 District Judge Terrence G. Berg Detroit 1959 2012–present — — Obama
63 District Judge Matthew Frederick Leitman Flint 1968 2014–present — — Obama
64 District Judge Judith Ellen Levy Ann Arbor 1958 2014–present — — Obama
65 District Judge Laurie J. Michelson Detroit 1967 2014–present — — Obama
66 District Judge Linda Vivienne Parker Detroit 1958 2014–present — — Obama
67 District Judge Stephanie D. Davis Flint 1967 2019–present — — Trump
34 Senior Judge Avern Cohn Detroit 1924 1979–1999 — 1999–present Carter
35 Senior Judge Stewart Albert Newblatt inactive 1927 1979–1993 — 1993–present Carter
44 Senior Judge Bernard A. Friedman Detroit 1943 1988–2009 2004–2009 2009–present Reagan
47 Senior Judge Robert Hardy Cleland Port Huron 1947 1990–2013 — 2013–present G.H.W. Bush
48 Senior Judge Nancy Garlock Edmunds Detroit 1947 1992–2012 — 2012–present G.H.W. Bush
51 Senior Judge John Corbett O'Meara inactive 1933 1994–2007 — 2007–present Clinton
52 Senior Judge George Caram Steeh III Detroit 1947 1998–2013 — 2013–present Clinton
53 Senior Judge Arthur Tarnow Detroit 1942 1998–2010 — 2010–present Clinton
55 Senior Judge Marianne O. Battani inactive 1944 2000–2012 — 2012–present Clinton

Vacancies and pending nominations
Seat Prior Judge's Duty Station Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination
14 Detroit Victoria A. Roberts Senior status February 24, 2021[4] – –

Former judges
# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 Ross Wilkins MI 1799–1872 1863–1870[Note 1] — — Jackson/Operation of law retirement
2 John W. Longyear MI 1820–1875 1870–1875 — — Grant death
3 Henry Billings Brown MI 1836–1913 1875–1890 — — Grant elevation to Supreme Court
4 Henry Harrison Swan MI 1840–1916 1891–1911 — — B. Harrison retirement
5 Alexis Caswell Angell MI 1857–1932 1911–1912 — — Taft resignation
6 Arthur J. Tuttle MI 1868–1944 1912–1944 — — Taft death
7 Charles Casper Simons MI 1876–1964 1923–1932 — — Harding elevation to 6th Cir.
8 Edward Julien Moinet MI 1873–1952 1927–1946[Note 2] — 1946–1952 Coolidge death
9 Ernest Aloysius O'Brien MI 1880–1948 1931–1948 — — Hoover death
10 Arthur F. Lederle MI 1887–1972 1936–1960 1948–1959 1960–1972 F. Roosevelt death
11 Frank Albert Picard MI 1889–1963 1939–1959 1959 1959–1963 F. Roosevelt death
12 Arthur A. Koscinski MI 1887–1957 1945–1957 — 1957 Truman death
13 Theodore Levin MI 1897–1970 1946–1970 1959–1967 — Truman death
14 Thomas Patrick Thornton MI 1898–1985 1949–1966 — 1966–1985 Truman death
15 Ralph M. Freeman MI 1902–1990 1954–1973 1967–1972 1973–1990 Eisenhower death
16 Clifford Patrick O'Sullivan MI 1897–1975 1957–1960 — — Eisenhower elevation to 6th Cir.
17 Frederick William Kaess MI 1910–1979 1960–1975 1972–1975 1975–1979 Eisenhower death
18 John Feikens MI 1917–2011 1960–1961[Note 3]
1970–1986		 1979–1986 1986–2011 Eisenhower
Nixon		 not confirmed
death
19 Thaddeus M. Machrowicz MI 1899–1970 1961–1970 — — Kennedy death
20 Wade H. McCree MI 1920–1987 1961–1966 — — Kennedy elevation to 6th Cir.
21 Talbot Smith MI 1899–1978 1961–1971[Note 4] — 1971–1978 Kennedy death
22 Stephen John Roth MI 1908–1974 1962–1974 — — Kennedy death
23 Damon Keith MI 1922–2019 1967–1977 1975–1977 — L. Johnson elevation to 6th Cir.
24 Lawrence Gubow MI 1919–1978 1968–1978 — — L. Johnson death
25 Cornelia Groefsema Kennedy MI 1923–2014 1970–1979 1977–1979 — Nixon elevation to 6th Cir.
26 Philip Pratt MI 1924–1989 1970–1989 1986–1989 — Nixon death
27 Robert Edward DeMascio MI 1923–1999 1971–1988 — 1988–1999 Nixon death
28 Charles Wycliffe Joiner MI 1916–2017 1972–1984 — 1984–2017 Nixon death
29 R. James Harvey MI 1922–2019 1973–1984 — 1984–2019 Nixon death
30 James Paul Churchill MI 1924–2020 1974–1989 1989 1989–2020 Ford death
31 Ralph B. Guy Jr. MI 1929–present 1976–1985 — — Ford elevation to 6th Cir.
32 Patricia Boyle MI 1937–2014 1978–1983 — — Carter resignation
33 Julian A. Cook MI 1930–2017 1978–1996 1989–1996 1996–2017 Carter death
36 Anna Diggs Taylor MI 1932–2017 1979–1998 1996–1998 1998–2017 Carter death
37 Horace Weldon Gilmore MI 1918–2010 1980–1991 — 1991–2010 Carter death
38 George E. Woods MI 1923–2007 1983–1993 — 1993–2004 Reagan retirement
39 Richard Fred Suhrheinrich MI 1936–present 1984–1990 — — Reagan elevation to 6th Cir.
40 George La Plata MI 1924–2010 1985–1996 — — Reagan retirement
41 Lawrence Paul Zatkoff MI 1939–2015 1986–2004 1999–2004 2004–2015 Reagan death
42 Barbara Kloka Hackett MI 1928–2018 1986–1997 — 1997–2000 Reagan retirement
43 Patrick J. Duggan MI 1933–2020 1986–2000 — 2000–2020 Reagan death
45 Paul V. Gadola MI 1929–2014 1988–2001 — 2001–2014 Reagan death
46 Gerald Ellis Rosen MI 1951–present 1990–2016 2009–2015 2016–2017 G.H.W. Bush retirement
  1. Reassigned from the District of Michigan.
  2. Recess appointment; formally nominated on December 6, 1927, confirmed by the United States Senate on December 19, 1927, and received commission the same day.
  3. Recess appointment; the Senate later rejected the appointment.
  4. Recess appointment; formally nominated on January 15, 1962, confirmed by the Senate on February 5, 1962, and received commission on February 9, 1962.

Chief judges

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

See also

References
  1. U.S. District Courts of Michigan, Legislative history, Federal Judicial Center.
  2. Judges of the District of Michigan, Federal Judicial Center.
  3. 28 U.S.C. § 102
  4. Future Judicial Vacancies

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