United States District Court for the Western District of North Carolina

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Western District of North Carolina
Fourth Circuit
NC-WD.gif
Judgeships
Posts: 5
Judges: 5
Vacancies: 0
Judges
Chief:Martin Reidinger
Active judges:Kenneth Bell,Max O. Cogburn Jr.,Matthew Orso,Martin Reidinger,Susan Rodriguez

Senior judges:
Robert Conrad,Graham Mullen,Richard Voorhees,Frank Whitney


TheUnited States District Court for the Western District of North Carolina is one of 94United States district courts. When decisions of the court are appealed, they are appealed to theUnited States Court of Appeals for the Fourth Circuit based in downtownRichmond, Virginia, at the Lewis F. Powell Federal Courthouse.

Vacancies

See also:Current federal judicial vacancies

There are no current vacancies on theUnited States District Court for the Western District of North Carolina, out of the court's five judicial positions.

Pending nominations

There are no pending nominees for this court.


Active judges

Article III judges

JudgeAppointed ByAssumed OfficeBachelorsLaw

Martin Reidinger

George W. Bush (R)

 September 12, 2007 -

University of North Carolina, 1981

University of North Carolina School of Law, 1984

Max O. Cogburn Jr.

Barack Obama (D)

 March 11, 2011 -

University of North Carolina, 1973

Samford University Cumberland Law, 1976

Kenneth Bell

Donald Trump (R)

 June 12, 2019 -

Wake Forest University, 1980

Wake Forest University School of Law, 1983

Susan Rodriguez

Donald Trump (R)

 December 6, 2025 -

Centre College, 2003

George Mason University School of Law, 2009

Matthew Orso

Donald Trump (R)

 December 12, 2025 -

University of Dayton, 2001

St. Louis University School of Law, 2009

Veach Baley Federal Complex in Asheville, NC

Active Article III judges by appointing political party

  • Democratic appointed: 1
  • Republican appointed: 4

Senior judges

JudgeAppointed ByAssumed OfficeBachelorsLaw

Graham Mullen

George H.W. Bush (R)

 December 1, 2005 -

Duke University, 1962

Duke University Law, 1969

Richard Voorhees

Ronald Reagan (R)

 August 31, 2017 -

Davidson College, 1963

University of North Carolina School of Law, 1968

Robert Conrad

 May 17, 2023 -

Clemson University, 1980

University of Virginia Law, 1983

Frank Whitney

George W. Bush (R)

 December 1, 2024 -

Wake Forest University, 1982

University of North Carolina School of Law, 1987


Senior judges by appointing political party

The list below displays the number of senior judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

  • Democratic appointed: 0
  • Republican appointed: 3

Magistrate judges

Federal magistrate judges are federal judges who serve inUnited States district courts, but they are not appointed by the president and they do not serve life terms. Magistrate judges are assigned duties by the district judges in the district in which they serve. They may preside over most phases of federal proceedings, except for criminal felony trials. The specific duties of a magistrate judge vary from district to district, but the responsibilities always include handling matters that would otherwise be on the dockets of the district judges. Full-time magistrate judges serve for renewable terms of eight years. Some federal district courts have part-time magistrate judges, who serve for renewable terms of four years.[1]

JudgeAppointed ByAssumed OfficeBachelorsLaw

David C. Keesler

 April 30, 2004 -

University of North Carolina, Chapel Hill, 1984

University of Virginia Law, 1987

W. Carleton Metcalf

 November 1, 2018 -


Former chief judges

In order to qualify for the office ofchief judge in an Article III circuit or district court, or on theUnited States Court of International Trade, a judge must be in active service and hold seniority over the court's commissioned judges who are 64 years of age or under, have served one year or more, and have not previously served as chief judge.[2]

In the event that no judge on the court meets those qualifications, the youngest judge in regular active service aged 65 years or more and who has served as a judge for one year or more shall become chief judge. If no judge meets those qualifications, the judge holding seniority in active service who has not served as chief before shall become the chief judge.[3][4][5]

The chief judge serves for a term of seven years until another judge becomes eligible to serve in the position. No judge is permitted to serve as chief judge after reaching the age of 70 years unless no other judge is qualified to serve.[3][4][5]

Unlike the chief justice of the United States, a chief judge returns to active service after the expiration of their term and does not create a vacancy on the court by the fact of their promotion.[2][3][4][5]

On theUnited States Court of Federal Claims, the chief judge is selected by thepresident of the United States. The judge must be less than 70 years of age. A chief may serve until they reach age 70 or until another judge is designated by the president as the new chief judge. If the president selects a new chief judge, the former chief judge may continue active service on the court for the remainder of their appointed term.[6]


Former judges

For more information on the judges of the Western District of North Carolina, seeformer federal judge of the Western District of North Carolina.

Jurisdiction

The Counties of the Western District of North Carolina (click for larger map)

The Western District of North Carolina hasoriginal jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.

The geographic jurisdiction of the Western District of North Carolina consists of all the followingcounties in the western part of the state ofNorth Carolina.

There are four court divisions, each covering the following counties:

TheAsheville Division, coveringAvery,Buncombe,Burke,Cleveland,Haywood,Henderson,Madison,McDowell,Mitchell,Polk,Rutherford,Transylvania, andYancey counties

TheBryson Division, coveringCherokee,Clay,Graham,Jackson,Macon, andSwain counties

TheCharlotte Division, coveringAnson,Gaston,Mecklenburg, andUnion counties

TheStatesville Division, coveringAlexander,Alleghany,Ashe, Caldwell, andCatawba,Iredell,Lincoln,Watauga, andWilkes counties

Caseloads

This section contains court management statistics dating back to 2010. It was last updated in September 2025. Click[show] below for more information on caseload terms and definitions.

Caseload statistics explanation
TermExplanation
Cases filed and terminatedThe number of civil and criminal lawsuits formally initiated or decided by the court in a calendar year. The chart below reflects the table columnsCases filed andCases terminated.
Average time from filing to dispositionThe average amount of time, in months, from a case's date of filing to date of disposition (acquittal, sentencing, dismissal, etc.). The chart below reflects the table columnsMedian time (Criminal) andMedian time (Civil).
Starting case loadThe number of cases pending from the previous calendar year.
Cases filedThe number of civil and criminal lawsuits formally initiated in a calendar year.
Cases terminatedThe total number of civil and criminal lawsuits decided by the court in a calendar year.
Remaining casesThe number of civil and criminal cases pending at the end of a given year.
Median time (Criminal)The average amount of time, in months, from a case's date of filing to the date of disposition. In criminal cases, the date of disposition occurs on the day of sentencing or acquittal/dismissal.
Median time (Civil)The average amount of time, in months, from a case's date of filing to the date of disposition.
Three-year civil casesThe number and percent of civil cases that were filed more than three years before the end of the given calendar year.
Vacant postsThe number of months during the year an authorized judgeship was vacant.
Trial/PostThe number of trials completed divided by the number of authorized judgeships on the court. Trials include evidentiary trials, hearings on temporary restraining orders, and preliminary injunctions.

Source:United States Courts, "Explanation of the Judicial Caseload Profiles for United States District Courts," accessed September 25, 2018

United States District Court for the Western District of North Carolina caseload stats, 2010-2024
YearCases FiledCases TerminatedCases PendingNumber of JudgeshipsVacant Judgeship MonthsAverage Total Filings per JudgeshipTrials Completed per JudgeshipMedian time from filing to disposition, criminalMedian time from filing to disposition, civilThree-year civil cases (#)Three-year civil cases (%)
20101,8631,7871,65751237325147384
20111,8931,7151,6465237821139474
20122,4392,0402,2825048824148353
20132,1662,3192,1325043322169403
20142,0212,2891,8425040421159293
20151,9952,2691,5445039913139404
20162,2962,0791,7645045913109454
20172,2692,1021,938544541599504
20182,1402,3191,7425042815109515
20192,1772,1201,797554351711101019
20202,2021,9652,063504409119736
20211,9372,1991,809504409119736
20221,8652,2371,4475037313139495
20232,1001,9581,6005042019136535
20242,3272,2961,65251346518156505
Average2,1132,1131,7945242617138525

History

The District of North Carolina was established by Congress on June 4, 1790, with one post to cover the entire state. On June 4, 1872, Congress divided the district into theEastern District of North Carolina and theWestern District of North Carolina with one post for each district. On March 2, 1927, Congress split theMiddle District of North Carolina off from the existing districts. Over time, Congress added four posts to theWestern District of North Carolina to reach the current total of five posts.[7]

Judicial posts

The following table highlights the development of judicial posts for the Western District of North Carolina:[7]

YearStatuteTotal Seats
June 4, 17901 Stat. 1261 (Whole state)
June 4, 187217 Stat. 2151
May 19, 196175 Stat. 802
October 20, 197892 Stat. 16293
November 2, 2002116 Stat. 17585(1 Temporary)

Noteworthy cases

  • Judge approves payout from ponzi scheme (2014)Click for summary→
FederalJudge Graham Mullen gave ZeekRewards.com permission to begin paying victims of its ponzi scheme, a total of 2.2 million people. Judge Mullen approved the method used to determine the amount of the payout for each person, as well - here, the rising-tide method. It attempts to leave as many investors as possible with the same percentage recovery of their total investment. ZeekRewards.com, Zeekler, and Rex Venture Group LLC, all owned by Paul Burks, were shut down by the Securities and Exchange Commission in August 2012 after being accused of raising $850 million through unregistered securities.

Articles:

  • Water contamination case allowed to move forward (2014)
     Judge(s):Max O. Cogburn, Jr. (Catawba Riverkeeper Foundation v. Duke Energy Carolinas, LLC, 3:13-cv-00355-MOC-DSC)
Click for summary→

On April 11, 2014, JudgeMax O. Cogburn, Jr. overruled with prejudice Magistrate JudgeDavid Cayer's recommendation that a lawsuit filed by the Catawba Riverkeeper Foundation (Catawba) against Duke Energy (Duke) over alleged coal ash contamination of a reservoir be dismissed.[8]


In the underlying case, Catawba filed suit against Duke in June 2013 over alleged pollution and water contamination caused by the Riverbend power plant. At or about same time, the North Carolina Department of Environment and Natural Resources also filed suit against Duke over alleged contamination caused by fourteen power plants, including Riverbend. Suits filed by citizens are typically permitted under the Clean Water Act, so long as state authorities are not involved in enforcement actions on the same grounds.[8] In December 2013, Magistrate Judge Cayer recommended that Catawba's suit be dismissed, as the state was involved in a "diligent prosecution" of the same issues against Duke.[9]


Judge Cogburn overruled that recommendation, primarily because attorneys for Catawba claimed that the allegations brought by the environmental group were different from those of the state. In his opinion, Cogburn wrote:[8]


“While the court does not disagree with the magistrate judge’s conclusion that the state is diligently pursuing a substantial action, the court is not yet certain that the requirements of [the exceptions to the citizen suit rule under the Clean Water Act] have been met.[10]”


Cogburn further noted that the case should be dismissed if, and only if, the state and the federal Environmental Protection Agency joined forces to "enforce the same Clean Water Act standards which [Catawba] [sought] to enforce."[8]

Noteworthy events

Federal Judicial Conference recommendation (2019)

In March 2019, the Federal Judicial Conference (FJC) recommended that one temporary judgeship in the district be made permanent.[11] Based on FJC data, the district handled 396 weighted filings per judgeship from September 2017 to September 2018. Weighted filings are a specific metric used by the federal judiciary that accounts for the different amounts of time judges require to resolve types of civil and criminal cases. The national average in that period for weighted filings per judgeship was 513.[12]

The FJC is the policy-making body for the United States federal courts system. It was first organized as the Conference of Senior Circuit Judges in 1922.[13] The Chief Justice of the Supreme Court of the United States serves as chair of the conference. The members of the conference are the chief judge of each judicial circuit, the Chief Judge of the Court of International Trade, and a district judge from each regional judicial circuit.[14]

Federal courthouse

There are four federal courthouses that serve the Western District of North Carolina and are located in Charlotte, Asheville, and Statesville.[15]

About United States District Courts

TheUnited States district courts are the generaltrial courts of theUnited States federal courts. There are 94 such courts. Bothcivil andcriminal cases are filed in the district court, which is a court of both law and equity.

There is aUnited States bankruptcy court and a number ofbankruptcy judges associated with each United States district court. Eachfederal judicial district has at least one courthouse, and most districts have more than one.

There is at least one judicial district for each state, and one each for Puerto Rico and the District of Columbia. District courts in three insular areas—the United States Virgin Islands, Guam, and the Northern Mariana Islands—exercise the same jurisdiction as U.S. district courts. Despite their name, these courts are technically not District Courts of the United States. Judges on theseterritorial courts do not enjoy the protections ofArticle III of the Constitution, and serve terms of 10 years rather than for life.

There are677 U.S. District Court judgeships.[16][17]

The number of federal district judge positions is set by the U.S. Congress in Title 28 of the U.S. Code, Section 133, which authorizes a set number of judge positions, or judgeships, making changes and adjustments in these numbers from time to time.

In order to relieve the pressure of trying the hundreds of thousands of cases brought before the federal district courts each year, many trials are tried by juries, along with a presiding judge.[18]

Appointments by president

The chart below shows the number of district court judges confirmed by the U.S. Senate through February 1 of the second year of presidents' second term in office. At this point in the term, President Obama had the most district court appointments with 32.


Judges by district

See also:Judicial vacancies in federal courts

The table below displays the number of judges in each district and indicates how many were appointed by presidents from each major political party. It also includes the number of vacancies in a district and how many pending nominations for that district are before theUnited States Senate. The table can be sorted by clicking the column headers above the line, and you can navigate through the pages by clicking the arrows at the top of the table. It is updated every Monday.


Judicial selection

The district courts are served byArticle III federal judges who are appointed for life during "good behavior." They are usually first recommended by senators (or members of the House, occasionally). The President of the United States makes the appointments, which must then be confirmed by the U.S. Senate in accordance withArticle III of the United States Constitution.[17]

StepApprovedA Candidacy ProceedsDefeatedA Candidacy Halts
1. Recommendation made by Congress Member to the PresidentPresident Nominates toSenate Judiciary CommitteePresident Declines Nomination
2. Senate Judiciary Committee interviews CandidateSends candidate to Senate for confirmationReturns candidate to President, who may re-nominate to Committee
3. Senate votes on candidate confirmationCandidate becomes federal judgeCandidate does not receive judgeship

Magistrate judges

The district courts are also served by magistrate judges. Congress created the judicial office offederal magistrate in 1968. In 1990, the position title was changed tomagistrate judge. The chief judge of each district appoints one or more magistrate judges, who discharge many of the ancillary duties of district judges so judges can handle more trials. There are both full-time and part-time magistrate judge positions, and these positions are assigned to the district courts according to caseload criteria (subject to funding by Congress). A full-time magistrate judge serves a term of eight years; a part-time magistrate judge's term of office is four years.[19]


See also

External links


Footnotes

  1. ↑Federal Judicial Center, "Magistrate Judgeships," accessed April 29, 2021
  2. ↑2.02.1United States Courts, "Frequently Asked Questions," accessed January 25, 2022
  3. ↑3.03.13.2Cornell Law School Legal Information Institute, "28 U.S. Code § 136 - Chief judges; precedence of district judges," accessed January 25, 2022
  4. ↑4.04.14.2Cornell Law School Legal Information Institute, "28 U.S. Code § 258 - Chief judges; precedence of judges," accessed January 25, 2022
  5. ↑5.05.15.2Cornell Law School Legal Information Institute, "28 U.S. Code § 45 - Chief judges; precedence of judges," accessed January 25, 2022
  6. ↑Cornell Law School Legal Information Institute, "28 U.S. Code § 171 - Appointment and number of judges; character of court; designation of chief judge," accessed January 25, 2022
  7. ↑7.07.1Federal Judicial Center, "History of the Districts of North Carolina," accessed May 13, 2021
  8. ↑8.08.18.28.3Charlotte Observer, "Judge lets Duke Energy ash lawsuit continue," April 11, 2014
  9. ↑Charlotte Business Journal, "Judge delays ruling in Mountain Island Lake coal ash case," March 12, 2014
  10. ↑Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  11. ↑Federal Judicial Conference, "March 2019 Recommendations," accessed July 25, 2019
  12. ↑US Courts, "Table X-1A—Other Judicial Business (September 30, 2018)," accessed July 24, 2019
  13. ↑US Courts, "Governance & the Judicial Conference," accessed July 25, 2019
  14. ↑US Courts, "About the Judicial Conference," accessed July 25, 2019
  15. ↑Western District of North Carolina, "Court Locations," accessed May 14, 2021
  16. ↑US Courts, "Federal Judgeships," accessed May 10, 2021 (archived)
  17. ↑17.017.1U.S. Courts, "United States District Court Federal Judiciary Frequently Asked Questions," accessed May 10, 2021 (archived)
  18. ↑United States District Courts, "District Courts," accessed May 10, 2021
  19. ↑The 'Lectric Law Library, "Understanding the U.S. federal courts"


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Federal judges who have served theUnited States District Court for the Western District of North Carolina
Active judges

Chief Judge: Martin Reidinger  •  Max O. Cogburn, Jr.  •  Kenneth Bell (North Carolina)  •  Matthew Orso  •  Susan Rodriguez

Senior judges

Robert Conrad  •  Graham Mullen  •  Frank Whitney  •  Richard Voorhees  •  

Magistrate judgesDavid Keesler  •  W. Carleton Metcalf  •  
Former Article III judges

Robert Paine Dick  •  James Edmund Boyd  •  Hamilton Glover Ewart  •  Lacy Thornburg  •  Edwin Yates Webb  •  James Craven  •  David Ezekiel Henderson (Federal judge)  •  Woodrow Jones  •  Harold Brent McKnight  •  James McMillan  •  Wilson Warlick  •  Robert Potter  •  

Former Chief judges

Graham Mullen  •  Richard Voorhees  •  James Craven  •  Woodrow Jones  •  Wilson Warlick  •  Robert Potter  •  


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