# United States District Court for the Western District of Texas

The United States District Court for the Western District of Texas (in case citations, W.D. Tex.) is a federal district court. The court convenes in San Antonio with divisions in Austin, Del Rio, El Paso, Midland, Pecos, and Waco. It has jurisdiction in over 50 Trans-Pecos, Permian Basin, and Hill Country counties of the U.S. state of Texas. This district covers over 92,000 square miles (240,000 km$^2$) and seven divisions.
Along with the District of New Mexico, Southern District of Texas, and District of Arizona, it is one of the busiest district courts in terms of criminal felony filings.

## History

The first federal judge in Texas was John C. Watrous, who was appointed on May 26, 1846, and had previously served as Attorney General of the Republic of Texas. He was assigned to hold court in Galveston, at the time, the largest city in the state. As seat of the Texas Judicial District, the Galveston court had jurisdiction over the whole state. On February 21, 1857, the state was divided into two districts, Eastern and Western, with Judge Watrous continuing in the Eastern district. Judge Watrous and Judge Thomas H. DuVal, of the Western District of Texas, left the state on the secession of Texas from the Union, the only two federal judges not to resign their posts in states that seceded. When Texas was restored to the Union, Watrous and DuVal resumed their duties and served until 1870.

## Divisions

Appeals from cases brought in the Western District of Texas are taken to the United States Court of Appeals for the Fifth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).
The divisions of the Western District of Texas are:
* Austin Division comprises the following counties: Bastrop, Blanco, Burleson, Burnet, Caldwell, Gillespie, Hays, Kimble, Lampasas, Lee, Llano, Mason, McCulloch, San Saba, Travis, Washington and Williamson.
* Del Rio Division comprises the following counties: Edwards, Kinney, Maverick, Terrell, Uvalde, Val Verde and Zavala.
* El Paso Division comprises the following counties: El Paso and Hudspeth.
* Midland-Odessa Division comprises the following counties: Andrews, Crane, Ector, Martin, Midland and Upton.
* Pecos Division comprises the following counties: Brewster, Culberson, Jeff Davis, Loving, Pecos, Presidio, Reeves, Ward and Winkler.
* San Antonio Division comprises the following counties: Atascosa, Bandera, Bexar, Comal, Dimmit, Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, Real and Wilson.
* Waco Division comprises the following counties: Bell, Bosque, Coryell, Falls, Freestone, Hamilton, Hill, Leon, Limestone, McLennan, Milam, Robertson and Somervell.
The United States Attorney's Office for the Western District of Texas represents the United States in civil and criminal litigation in the court. As of December 9, 2022 the United States Attorney is Jaime E. Esparza.

## Notable cases

* Kocurek Assassination Attempt: Judge Lee Yeakel presided over the case of Chimene Onyeri, an aspiring Houston rapper who in 2015 attempted to assassinate Travis County District Judge Julie Kocurek after she previously sentenced him for probation violation, having shot her as she and her son were returning home from a football game at his high school before she was about to sentence him. The investigation of the attempt revealed a criminal theft and fraud enterprise he ran. After his many associates testified of his schemes, a federal jury convicted Onyeri on 17 counts of fraud, theft, racketeering and attempted murder and sentenced him to life in prison.

## Current judges

As of April 9, 2024:
| # | Title | Judge | Duty station | Born | Term of service | Term of service | Term of service | Appointed by |
| # | Title | Judge | Duty station | Born | Active | Chief | Senior | Appointed by |
| 32 | Chief Judge | Alia Moses | Del Rio | 1962 | 2002–present | 2022–present | — | G.W. Bush |
| 27 | District Judge | Samuel Frederick Biery Jr. | San Antonio | 1947 | 1994–present | 2010–2015 | — | Clinton |
| 29 | District Judge | Orlando Luis Garcia | San Antonio | 1952 | 1994–present | 2016–2022 | — | Clinton |
| 35 | District Judge | Kathleen Cardone | El Paso | 1953 | 2003–present | — | — | G.W. Bush |
| 37 | District Judge | Xavier Rodriguez | San Antonio | 1961 | 2003–present | — | — | G.W. Bush |
| 39 | District Judge | Robert L. Pitman | Austin | 1962 | 2014–present | — | — | Obama |
| 40 | District Judge | David Counts | Midland Pecos | 1961 | 2018–present | — | — | Trump |
| 41 | District Judge | Alan Albright | Waco Austin | 1959 | 2018–present | — | — | Trump |
| 42 | District Judge | Jason K. Pulliam | San Antonio | 1971 | 2019–present | — | — | Trump |
| 43 | District Judge | Leon Schydlower | El Paso | 1971 | 2024–present | — | — | Biden |
| 44 | District Judge | Ernest Gonzalez | Del Rio | 1962 | 2024–present | — | — | Biden |
| 45 | District Judge | vacant | — | — | — | — | — | — |
| 46 | District Judge | vacant | — | — | — | — | — | — |
| 22 | Senior Judge | James Robertson Nowlin | Austin | 1937 | 1981–2003 | 1999–2003 | 2003–present | Reagan |
| 26 | Senior Judge | Sam Sparks | inactive | 1939 | 1991–2017 | — | 2017–present | G.H.W. Bush |
| 30 | Senior Judge | David Briones | El Paso | 1943 | 1994–2009 | — | 2009–present | Clinton |
| 33 | Senior Judge | Robert A. Junell | inactive | 1947 | 2003–2015 | — | 2015–present | G.W. Bush |
| 36 | Senior Judge | Frank Montalvo | inactive | 1956 | 2003–2022 | — | 2022–present | G.W. Bush |
| 38 | Senior Judge | David C. Guaderrama | El Paso | 1954 | 2012–2023 | — | 2023–present | Obama |

## Vacancies and pending nominations

| Seat | Prior judge's duty station | Seat last held by | Vacancy reason | Date of vacancy | Nominee | Date of nomination |
| 2 | Austin | Earl Leroy Yeakel III | Retirement | May 1, 2023 | – | – |
| 5 | El Paso | David C. Guaderrama | Senior status | May 27, 2023 | – | – |

## Former judges

| # | Judge | State | Born–died | Active service | Chief Judge | Senior status | Appointed by | Reason for termination |
| 1 | Thomas Howard DuVal | TX | 1813–1880 | 1857–1880 | — | — | Pierce | death |
| 2 | Ezekiel B. Turner | TX | 1825–1888 | 1880–1888 | — | — | Hayes | death |
| 3 | Thomas Sheldon Maxey | TX | 1846–1921 | 1888–1916 | — | — | Cleveland | retirement |
| 4 | DuVal West | TX | 1861–1949 | 1916–1931 | — | 1931–1949 | Wilson | death |
| 5 | William Robert Smith | TX | 1863–1924 | 1917–1924 | — | — | Wilson | death |
| 6 | Charles Albert Boynton | TX | 1867–1954 | 1924–1947 | — | 1947–1954 | Coolidge | death |
| 7 | Robert Johnston McMillan | TX | 1885–1941 | 1932–1941 | — | — | Hoover | death |
| 8 | Walter Angus Keeling | TX | 1873–1945 | 1942–1945 | — | — | F. Roosevelt | death |
| 9 | Ben Herbert Rice Jr. | TX | 1889–1964 | 1945–1964 | 1948–1962 | — | Truman | death |
| 10 | R. Ewing Thomason | TX | 1879–1973 | 1947–1963 | — | 1963–1973 | Truman | death |
| 11 | Adrian Anthony Spears | TX | 1910–1991 | 1961–1979 | 1962–1979 | 1979–1982 | Kennedy | retirement |
| 12 | Homer Thornberry | TX | 1909–1995 | 1963–1965 | — | — | L. Johnson | elevation to 5th Cir. |
| 13 | Dorwin Wallace Suttle | TX | 1906–2001 | 1964–1979 | — | 1979–2001 | L. Johnson | death |
| 14 | Jack Roberts | TX | 1910–1988 | 1966–1980 | 1979–1980 | 1980–1988 | L. Johnson | death |
| 15 | Ernest Allen Guinn | TX | 1905–1974 | 1966–1974 | — | — | L. Johnson | death |
| 16 | John H. Wood Jr. | TX | 1916–1979 | 1970–1979 | — | — | Nixon | assassination |
| 17 | William S. Sessions | TX | 1930–2020 | 1974–1987 | 1980–1987 | — | Ford | resignation |
| 18 | Lucius Desha Bunton III | TX | 1924–2001 | 1979–1992 | 1987–1992 | 1992–2001 | Carter | death |
| 19 | Harry Lee Hudspeth | TX | 1935–2024 | 1979–2001 | 1992–1999 | 2001–2016 | Carter | retirement |
| 20 | Clyde Frederick Shannon Jr. | TX | 1942–present | 1980–1984 | — | — | Carter | resignation |
| 21 | Hipolito Frank Garcia | TX | 1925–2002 | 1980–2002 | — | — | Carter | death |
| 23 | Edward C. Prado | TX | 1947–present | 1984–2003 | — | — | Reagan | elevation to 5th Cir. |
| 24 | Walter Scott Smith Jr. | TX | 1940–present | 1984–2016 | 2003–2010 | — | Reagan | retirement |
| 25 | Emilio M. Garza | TX | 1947–present | 1988–1991 | — | — | Reagan | elevation to 5th Cir. |
| 28 | William Royal Furgeson Jr. | TX | 1941–present | 1994–2008 | — | 2008–2013 | Clinton | retirement |
| 31 | Philip Ray Martinez | TX | 1957–2021 | 2002–2021 | — | — | G.W. Bush | death |
| 34 | Earl Leroy Yeakel III | TX | 1945–present | 2003–2023 | — | — | G.W. Bush | retirement |
* ↑ Recess appointment; formally nominated on December 14, 1880, confirmed by the United States Senate on December 20, 1880, and received commission the same day.
* ↑ Recess appointment; formally nominated on January 15, 1962, confirmed by the Senate on March 16, 1962, and received commission on March 17, 1962.
* ↑ Judge Thornberry was nominated by President Kennedy but was appointed to the Court by (i.e., received his commission from) President Johnson.

## 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

Seat 1 :
| Seat established on February 21, 1857 by 11 Stat. 164 ||||
| DuVal | 1857–1880 |
| Turner | 1880–1888 |
| Maxey | 1888–1916 |
| West | 1916–1931 |
| McMillan | 1932–1941 |
| Keeling | 1942–1945 |
| Rice, Jr. | 1945–1964 |
| Suttle | 1964–1979 |
| Shannon, Jr. | 1980–1984 |
| Prado | 1984–2003 |
| Rodriguez | 2003–present |
Seat 2 :
| Seat established on February 26, 1917 by 39 Stat. 938 ||||
| W.R. Smith, Sr. | 1917–1924 |
| Boynton | 1924–1947 |
| Thomason | 1947–1963 |
| Thornberry | 1963–1965 |
| Roberts | 1966–1980 |
| Nowlin | 1981–2003 |
| Yeakel III | 2003–2023 |
| vacant | 2023–present |
Seat 3 :
| Seat established on May 19, 1961 by 75 Stat. 80 ||||
| Spears | 1962–1979 |
| Hudspeth | 1979–2001 |
| Moses | 2002–present |
Seat 4 :
| Seat established on March 18, 1966 by 80 Stat. 75 ||||
| Guinn | 1966–1974 |
| Sessions | 1974–1987 |
| Garza | 1988–1991 |
| O. Garcia | 1994–present |
Seat 5 :
| Seat established on June 2, 1970 by 84 Stat. 294 ||||
| Wood, Jr. | 1970–1979 |
| Bunton III | 1979–1992 |
| Briones | 1994–2009 |
| Guaderrama | 2012–2023 |
| vacant | 2023–present |
Seat 6 :
| Seat established on October 20, 1978 by 92 Stat. 1629 ||||
| H. Garcia | 1980–2002 |
| Junell | 2003–2015 |
| Counts III | 2018–present |
Seat 7 :
| Seat established on July 10, 1984 by 98 Stat. 333 ||||
| W.S. Smith, Jr. | 1984–2016 |
| Albright | 2018–present |
Seat 8 :
| Seat established on December 1, 1990 by 104 Stat. 5089 ||||
| Sparks | 1991–2017 |
| Pulliam | 2019–present |
Seat 9 :
| Seat established on December 1, 1990 by 104 Stat. 5089 ||||
| Furgeson, Jr. | 1994–2008 |
| Pitman | 2014–present |
Seat 10 :
| Seat established on December 1, 1990 by 104 Stat. 5089 ||||
| Biery, Jr. | 1994–present |
Seat 11 :
| Seat established on December 21, 2000 by 114 Stat. 2762 ||||
| Martinez | 2002–2021 |
| Gonzalez | 2024–present |
Seat 12 :
| Seat established on November 2, 2002 by 116 Stat. 1758 ||||
| Cardone | 2003–present |
Seat 13 :
| Seat established on November 2, 2002 by 116 Stat. 1758 ||||
| Montalvo | 2003–2022 |
| Schydlower | 2024–present |