# United States District Court for the Southern District of California

The United States District Court for the Southern District of California (in case citations, S.D. Cal.) is a federal court in the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).
The District was created on September 28, 1850, following the passage of the California Statehood Act on September 9, 1850. The state was divided into a Northern and Southern district. The Judicial Circuits Act of 1866 abolished the Northern and Southern districts, re-organizing California as a single circuit district. On August 5, 1886 the Southern district was re-established, following the division of the state into Northern and Southern districts. The district was further divided on March 18, 1966 with the creation of the Central and Eastern districts.
The United States Attorney's Office for the Southern District of California represents the United States in civil and criminal litigation in the court. As of February 12, 2025 the acting United States attorney is Andrew R. Haden.

## Organization of the court

The United States District Court for the Southern District of California is one of four federal district courts in California. Court for the District is held at El Centro and the Edward J. Schwartz U.S. Courthouse and U.S. Courthouse Annex in San Diego. The district comprises Imperial and San Diego counties.

## Current judges

As of January 28, 2025:
| # | 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 |
| 67 | Chief Judge | Cynthia Bashant | San Diego | 1960 | 2014–present | 2025–present | — | Obama |
| 58 | District Judge | Dana Sabraw | San Diego | 1958 | 2003–present | 2021–2025 | — | G.W. Bush |
| 62 | District Judge | Janis Lynn Sammartino | San Diego | 1950 | 2007–present | — | — | G.W. Bush |
| 65 | District Judge | Cathy Ann Bencivengo | San Diego | 1958 | 2012–present | — | — | Obama |
| 68 | District Judge | Todd W. Robinson | San Diego | 1967 | 2020–present | — | — | Trump |
| 69 | District Judge | Linda Lopez | San Diego | 1968 | 2021–present | — | — | Biden |
| 70 | District Judge | Jinsook Ohta | San Diego | 1976 | 2021–present | — | — | Biden |
| 71 | District Judge | Ruth Bermudez Montenegro | San Diego | 1967 | 2022–present | — | — | Biden |
| 72 | District Judge | Robert S. Huie | San Diego | 1976 | 2022–present | — | — | Biden |
| 73 | District Judge | Andrew G. Schopler | San Diego | 1971 | 2023–present | — | — | Biden |
| 74 | District Judge | James E. Simmons Jr. | San Diego | 1979 | 2023–present | — | — | Biden |
| 75 | District Judge | Benjamin J. Cheeks | San Diego | 1977 | 2025–present | — | — | Biden |
| 76 | District Judge | vacant | — | — | — | — | — | — |
| 50 | Senior Judge | Marilyn L. Huff | San Diego | 1951 | 1991–2016 | 1998–2005 | 2016–present | G.H.W. Bush |
| 53 | Senior Judge | Barry Ted Moskowitz | San Diego | 1950 | 1995–2019 | 2012–2019 | 2019–present | Clinton |
| 54 | Senior Judge | Jeffrey T. Miller | San Diego | 1943 | 1997–2010 | — | 2010–present | Clinton |
| 55 | Senior Judge | Thomas J. Whelan | San Diego | 1940 | 1998–2010 | — | 2010–present | Clinton |
| 56 | Senior Judge | M. James Lorenz | San Diego | 1935 | 1999–2009 | — | 2009–present | Clinton |
| 59 | Senior Judge | William Q. Hayes | San Diego | 1956 | 2003–2021 | — | 2021–present | G.W. Bush |
| 60 | Senior Judge | John A. Houston | San Diego | 1952 | 2003–2018 | — | 2018–present | G.W. Bush |
| 61 | Senior Judge | Roger Benitez | San Diego | 1950 | 2004–2017 | — | 2017–present | G.W. Bush |
| 63 | Senior Judge | Michael Anello | San Diego | 1943 | 2008–2018 | — | 2018–present | G.W. Bush |
| 64 | Senior Judge | Anthony J. Battaglia | San Diego | 1949 | 2011–2021 | — | 2021–present | Obama |
| 66 | Senior Judge | Gonzalo P. Curiel | San Diego | 1953 | 2012–2023 | — | 2023–present | Obama |
* ↑ By virtue of his seniority of age, Judge Schopler holds seniority over Judge Simmons despite their identical commission dates.

## Vacancies and pending nominations

| Seat | Prior judge's duty station | Seat last held by | Vacancy reason | Date of vacancy | Nominee | Date of nomination |
| 23 | San Diego | William Q. Hayes | Senior status | August 1, 2021 | — | — |

## Former judges

| # | Judge | State | Born–died | Active service | Chief Judge | Senior status | Appointed by | Reason for termination |
| 1 | James McHall Jones | CA | 1823–1851 | 1850–1851 | — | — | Fillmore | death |
| 2 | Ogden Hoffman Jr. | CA | 1822–1891 | 1852–1854 | — | — | Fillmore/Operation of law | seat abolished |
| 3 | Isaac Stockton Keith Ogier | CA | 1819–1861 | 1854–1861 | — | — | Pierce | death |
| 4 | Fletcher Mathews Haight | CA | 1799–1866 | 1861–1866 | — | — | Lincoln | death |
| 5 | Erskine Mayo Ross | CA | 1845–1928 | 1887–1895 | — | — | Cleveland | elevation to 9th Cir. |
| 6 | Olin Wellborn | CA | 1843–1921 | 1895–1915 | — | — | Cleveland | retirement |
| 7 | Benjamin Franklin Bledsoe | CA | 1874–1938 | 1914–1925 | — | — | Wilson | resignation |
| 8 | Oscar A. Trippet | CA | 1856–1923 | 1915–1923 | — | — | Wilson | death |
| 9 | William P. James | CA | 1870–1940 | 1923–1940 | — | — | Harding | death |
| 10 | Paul John McCormick | CA | 1879–1960 | 1924–1951 | 1948–1951 | 1951–1960 | Coolidge | death |
| 11 | Edward J. Henning | CA | 1868–1937 | 1925–1929 | — | — | Coolidge | resignation |
| 12 | George Cosgrave | CA | 1870–1945 | 1930–1940 | — | 1940–1945 | Hoover | death |
| 13 | Harry Aaron Hollzer | CA | 1880–1946 | 1931–1946 | — | — | Hoover | death |
| 14 | Albert Lee Stephens Sr. | CA | 1874–1965 | 1935–1937 | — | — | F. Roosevelt | elevation to 9th Cir. |
| 15 | Leon Rene Yankwich | CA | 1888–1975 | 1935–1964 | 1951–1959 | 1964–1966 | F. Roosevelt | reassignment to C.D. Cal. |
| 16 | Ralph E. Jenney | CA | 1883–1945 | 1937–1945 | — | — | F. Roosevelt | death |
| 17 | Campbell E. Beaumont | CA | 1883–1954 | 1939–1954 | — | — | F. Roosevelt | death |
| 18 | Benjamin Harrison | CA | 1888–1960 | 1940–1960 | 1959–1959 | — | F. Roosevelt | death |
| 19 | James Francis Thaddeus O'Connor | CA | 1886–1949 | 1940–1949 | — | — | F. Roosevelt | death |
| 20 | Peirson Mitchell Hall | CA | 1894–1979 | 1942–1966 | 1959–1964 | — | F. Roosevelt | reassignment to C.D. Cal. |
| 21 | William Carey Mathes | CA | 1899–1967 | 1945–1965 | 1964–1965 | 1965–1967 | Truman | death |
| 22 | Jacob Weinberger | CA | 1882–1974 | 1946–1958 | — | 1958–1974 | Truman | death |
| 23 | James Marshall Carter | CA | 1904–1979 | 1949–1967 | 1966–1967 | — | Truman | elevation to 9th Cir. |
| 24 | Harry Clay Westover | CA | 1894–1983 | 1949–1965 | — | 1965–1983 | Truman | death |
| 25 | William Matthew Byrne Sr. | CA | 1896–1974 | 1950–1966 | 1965–1966 | 1966 | Truman | reassignment to C.D. Cal. |
| 26 | Ernest Allen Tolin | CA | 1904–1961 | 1951–1961 | — | — | Truman | death |
| 27 | Gilbert H. Jertberg | CA | 1897–1973 | 1955–1958 | — | — | Eisenhower | elevation to 9th Cir. |
| 28 | Thurmond Clarke | CA | 1902–1971 | 1955–1966 | 1966 | — | Eisenhower | reassignment to C.D. Cal. |
| 29 | Fred Kunzel | CA | 1901–1969 | 1959–1969 | 1967–1969 | — | Eisenhower | death |
| 30 | Myron Donovan Crocker | CA | 1915–2010 | 1959–1966 | — | — | Eisenhower | reassignment to E.D. Cal. |
| 31 | Albert Lee Stephens Jr. | CA | 1913–2001 | 1961–1966 | — | — | Kennedy | reassignment to C.D. Cal. |
| 32 | Charles Hardy Carr | CA | 1903–1976 | 1962–1966 | — | — | Kennedy | reassignment to C.D. Cal. |
| 33 | Jesse William Curtis Jr. | CA | 1905–2008 | 1962–1966 | — | — | Kennedy | reassignment to C.D. Cal. |
| 34 | Elisha Avery Crary | CA | 1905–1978 | 1962–1966 | — | — | Kennedy | reassignment to C.D. Cal. |
| 35 | Francis C. Whelan | CA | 1907–1991 | 1964–1966 | — | — | L. Johnson | reassignment to C.D. Cal. |
| 36 | Irving Hill | CA | 1915–1998 | 1965–1966 | — | — | L. Johnson | reassignment to C.D. Cal. |
| 37 | A. Andrew Hauk | CA | 1912–2004 | 1966 | — | — | L. Johnson | reassignment to C.D. Cal. |
| 38 | William Percival Gray | CA | 1912–1992 | 1966 | — | — | L. Johnson | reassignment to C.D. Cal. |
| 39 | Edward Joseph Schwartz | CA | 1912–2000 | 1968–1982 | 1969–1982 | 1982–2000 | L. Johnson | death |
| 40 | Howard Boyd Turrentine | CA | 1914–2010 | 1970–1984 | 1982–1984 | 1984–2010 | Nixon | death |
| 41 | Gordon Thompson Jr. | CA | 1929–2015 | 1970–1994 | 1984–1991 | 1994–2015 | Nixon | death |
| 42 | J. Clifford Wallace | CA | 1928–present | 1970–1972 | — | — | Nixon | elevation to 9th Cir. |
| 43 | Leland Chris Nielsen | CA | 1919–1999 | 1971–1985 | — | 1985–1999 | Nixon | death |
| 44 | William Benner Enright | CA | 1925–2020 | 1972–1990 | — | 1990–2020 | Nixon | death |
| 45 | Judith Keep | CA | 1944–2004 | 1980–2004 | 1991–1998 | — | Carter | death |
| 46 | Earl Ben Gilliam | CA | 1931–2001 | 1980–1993 | — | 1993–2001 | Carter | death |
| 47 | J. Lawrence Irving | CA | 1935–2024 | 1982–1990 | — | — | Reagan | resignation |
| 48 | Rudi M. Brewster | CA | 1932–2012 | 1984–1998 | — | 1998–2012 | Reagan | death |
| 49 | John Skylstead Rhoades Sr. | CA | 1925–2007 | 1985–1995 | — | 1995–2007 | Reagan | death |
| 51 | Irma Elsa Gonzalez | CA | 1948–present | 1992–2013 | 2005–2012 | 2013 | G.H.W. Bush | retirement |
| 52 | Napoleon A. Jones Jr. | CA | 1940–2009 | 1994–2007 | — | 2007–2009 | Clinton | death |
| 57 | Larry Alan Burns | CA | 1954–present | 2003–2021 | 2019–2021 | 2021–2024 | G.W. Bush | retirement |
* ↑ Jointly appointed to the Northern and Southern Districts of California.
* ↑ Recess appointment; formally nominated on December 8, 1925, confirmed by the United States Senate on December 15, 1925, and received commission on December 15, 1925.
* ↑ Recess appointment; formally nominated on November 27, 1950, confirmed by the Senate on December 13, 1950, and received commission on December 21, 1950.
* ↑ Recess appointment; formally nominated on March 3, 1952, confirmed by the Senate on June 10, 1952, and received commission on June 11, 1952.

## 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 September 28, 1850 by 9 Stat. 521 ||
| J. Jones | 1850–1851 |
| Seat abolished on August 31, 1852 by 10 Stat. 76, 84 ||
| Seat reestablished on January 18, 1854 by 10 Stat. 265 ||
| Ogier | 1854–1861 |
| Haight | 1861–1866 |
| Seat abolished on July 27, 1866 by 14 Stat. 300 ||
| Seat reestablished on August 5, 1886 by 24 Stat. 308 ||
| Ross | 1887–1895 |
| Wellborn | 1895–1915 |
| Trippet | 1915–1923 |
| McCormick | 1924–1951 |
| Tolin | 1952–1961 |
| Crary | 1962–1966 |
| Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75 ||
Seat 2 :
| Seat assigned on August 31, 1852 by 10 Stat. 76, 84 (concurrent with Northern District) ||
| Hoffman, Jr. | 1852–1854 |
| Seat reassigned solely to Northern District on January 18, 1854 by 10 Stat. 265 ||
Seat 3 :
| Seat established on July 30, 1914 by 38 Stat. 580 ||
| Bledsoe | 1914–1925 |
| Henning | 1925–1929 |
| Cosgrave | 1930–1940 |
| Hall | 1942–1966 |
| Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75 ||
Seat 4 :
| Seat established on September 14, 1922 by 42 Stat. 837 (temporary) ||
| Seat made permanent on August 19, 1935 by 49 Stat. 659 ||
| James | 1923–1940 |
| O'Connor | 1940–1949 |
| Byrne, Sr. | 1950–1966 |
| Hauk | 1966 |
| Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75 ||
Seat 5 :
| Seat established on July 27, 1930 by 46 Stat. 819 ||||
| Hollzer | 1931–1946 |
| Weinberger | 1946–1958 |
| Kunzel | 1959–1969 |
| Turrentine | 1970–1984 |
| Brewster | 1984–1998 |
| Lorenz | 1999–2009 |
| Battaglia | 2011–2021 |
| Simmons, Jr. | 2023–present |
Seat 6 :
| Seat established on August 2, 1935 by 49 Stat. 508 ||
| A.L. Stephens, Sr. | 1935–1937 |
| Jenney | 1937–1945 |
| Mathes | 1945–1965 |
| Hill | 1965–1966 |
| Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75 ||
Seat 7 :
| Seat established on August 2, 1935 by 49 Stat. 508 ||
| Yankwich | 1935–1964 |
| F. Whelan | 1964–1966 |
| Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75 ||
Seat 8 :
| Seat established on May 31, 1938 by 52 Stat. 584, 585 ||
| Beaumont | 1939–1954 |
| Jertberg | 1955–1958 |
| Crocker | 1959–1966 |
| Seat reassigned to Eastern District on September 18, 1966 by 80 Stat. 75 ||
Seat 9 :
| Seat established on May 24, 1940 by 54 Stat. 219, 220 ||
| Harrison | 1940–1960 |
| A.L. Stephens, Jr. | 1961–1966 |
| Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75 ||
Seat 10 :
| Seat established on August 3, 1949 by 63 Stat. 493 ||
| Westover | 1949–1965 |
| Gray | 1966 |
| Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75 ||
Seat 11 :
| Seat established on August 3, 1949 by 63 Stat. 493 ||||
| Carter | 1949–1967 |
| Schwartz | 1968–1982 |
| Irving | 1982–1990 |
| Gonzalez | 1992–2013 |
| Bashant | 2014–present |
Seat 12 :
| Seat established on February 10, 1954 by 68 Stat. 8 ||
| Clarke | 1955–1966 |
| Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75 ||
Seat 13 :
| Seat established on May 19, 1961 by 75 Stat. 80 ||
| Carr | 1962–1966 |
| Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75 ||
Seat 14 :
| Seat established on May 19, 1961 by 75 Stat. 80 ||
| Curtis, Jr. | 1962–1966 |
| Seat reassigned to Central District on September 18, 1966 by 80 Stat. 75 ||
Seat 15 :
| Seat established on June 2, 1970 by 84 Stat. 294 ||||
| Wallace | 1970–1972 |
| Enright | 1972–1990 |
| Huff | 1991–2016 |
| Robinson | 2020–present |
Seat 16 :
| Seat established on June 2, 1970 by 84 Stat. 294 ||||
| Thompson, Jr. | 1970–1994 |
| Miller | 1997–2010 |
| Bencivengo | 2012–present |
Seat 17 :
| Seat established on June 2, 1970 by 84 Stat. 294 ||||
| Nielsen | 1971–1985 |
| Rhoades, Sr. | 1985–1995 |
| T. Whelan | 1998–2010 |
| Curiel | 2012–2023 |
| Cheeks | 2025–present |
Seat 18 :
| Seat established on October 20, 1978 by 92 Stat. 1629 ||||
| Keep | 1980–2004 |
| Sammartino | 2007–present |
Seat 19 :
| Seat established on October 20, 1978 by 92 Stat. 1629 ||||
| Gilliam | 1980–1993 |
| N. Jones, Jr. | 1994–2007 |
| Anello | 2008–2018 |
| Huie | 2022–present |
Seat 20 :
| Seat established on December 1, 1990 by 104 Stat. 5089 ||||
| Moskowitz | 1995–2019 |
| Ohta | 2021–present |
Seat 21 :
| Seat established on November 2, 2002 by 116 Stat. 1758 ||||
| Burns | 2003–2021 |
| Schopler | 2023–present |
Seat 22 :
| Seat established on November 2, 2002 by 116 Stat. 1758 ||||
| Sabraw | 2003–present |
Seat 23 :
| Seat established on November 2, 2002 by 116 Stat. 1758 ||||
| Hayes | 2003–2021 |
| vacant | 2021–present |
Seat 24 :
| Seat established on November 2, 2002 by 116 Stat. 1758 ||||
| Houston | 2003–2018 |
| Montenegro | 2022–present |
Seat 25 :
| Seat established on November 2, 2002 by 116 Stat. 1758 ||||
| Benitez | 2004–2017 |
| Lopez | 2021–present |

## List of U.S. attorneys

The U.S. Attorney is the chief law-enforcement officer for the district.
* J. M. Jones (1850)
* Alfred Wheeler (1851–1853)
* Isaac S. K. Ogier (1853–1854)
* Pacificus Ord (1854–1858)
* J. R. Gitchell (1858–1861)
* Kimball H. Dimmick (1861)
* Billington C. Whiting (1861)
* J. Marion Brooks (1887–1888)
* George J. Davis (1888–1889)
* Aurelius W. Hutton (1889–1890)
* Willoughby Cole (1890–1892)
* Matthew J. Allen (1892–1893)
* George J. Denis (1893–1897)
* Frank P. Flint (1897–1901)
* L. H. Valentine (1901–1905)
* Oscar Lawler (1905–1909)
* Aloysuis McCormick (1909–1913)
* Albert Schoonover (1913–1917)
* John R. O'Connor (1917–1921)
* Joseph C. Burke (1921–1925)
* Samuel W. McNabb (1925–1933)
* John R. Layng (1933)
* Pierson M. Hall (1933–1937)
* Benjamin Harrison (1937–1940)
* William F. Palmer (1940–1942)
* Leo W. Silverstein (1942–1943)
* Charles H. Carr (1943–1946)
* James M. Carter (1946–1949)
* Ernest A. Tolin (1949–1951)
* Walter S. Binns (1951–1953)
* Laughlin E. Waters (1953–1961)
* Francis C. Whelan (1961–1964)
* Thomas R. Sheridan (1964)
* Manuel L. Real (1964–1966)
* Edwin L. Miller Jr. (1966–1969)
* Harry D. Steward (1969–1975)
* Terry J. Knoepp (1975–1977)
* Michael J. Walsh (1977–1980)
* M. James Lorenz (1980–1981)
* William H. Kennedy (1981–1982)
* Peter K. Nunez (1982–1988)
* William Braniff (1988–1993)
* Alan Bersin (1993-1998)
* Charles La Bella (1998-1999)
* Greg Vega (1999-2001)
* Patrick O’Toole (acting 2001-2002)
* Carol Lam (2002-2007)
* Karen Hewitt (2007-2010)
* Laura Duffy (2010-2017)
* Robert S. Brewer Jr. (2019-2021)
* Randy Grossman (2021-2023)
* Tara McGrath (2023-2025)