United states district court western district of new york

Western District of New York
Second Circuit
United states district court western district of new york
Judgeships
Posts: 4
Judges: 4
Vacancies: 0
Judges
Chief: Elizabeth A. Wolford
Active judges: Frank P. Geraci Jr., John Sinatra, Lawrence Joseph Vilardo, Elizabeth A. Wolford

Senior judges:
Richard Arcara, David Larimer, Charles Siragusa, William Skretny

The United States District Court for the Western District of New York is one of 94 United States district courts. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Second Circuit based in Lower Manhattan at the Daniel Patrick Moynihan Federal Courthouse.

Vacancies

See also: Current federal judicial vacancies

There are no current vacancies on the United States District Court for the Western District of New York, out of the court's four judicial positions.

Pending nominations

There are no pending nominees for this court.

Active judges

Article III judges

JudgeAppointed ByAssumed OfficeBachelorsLaw

Frank P. Geraci Jr.

Barack Obama (D)

January 2, 2013 -

University of Dayton, 1973

University of Dayton School of Law, 1977

Elizabeth A. Wolford

Barack Obama (D)

December 17, 2013 -

Colgate University, 1989

Notre Dame Law School, 1992

Lawrence Joseph Vilardo

Barack Obama (D)

October 29, 2015 -

Canisius College, 1977

Harvard Law School, 1980

John Sinatra

Donald Trump (R)

December 5, 2019 -

State University of New York, Buffalo, 1993

State University of New York, Buffalo School of Law, 1996

Active Article III judges by appointing political party

The list below displays the number of active 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.

  • Democrat appointed: 3
  • Republican appointed: 1

Senior judges

JudgeAppointed ByAssumed OfficeBachelorsLaw

David Larimer

Ronald Reagan (R)

March 3, 2009 -

St. John Fisher College, 1966

Notre Dame Law School, 1969

Charles Siragusa

Bill Clinton (D)

December 15, 2012 -

LeMoyne College, 1969

Albany Law School, 1976

Richard Arcara

Ronald Reagan (R)

January 3, 2015 -

St. Bonaventure University, 1962

Villanova University School of Law, 1965

William Skretny

George H.W. Bush (R)

March 8, 2015 -

Canisius College, 1966

Howard University School of Law, 1969

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.

  • Democrat appointed: 1
  • Republican appointed: 3

Magistrate judges

Federal magistrate judges are federal judges who serve in United 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

Kenneth Schroeder

June 1, 2000 -

Canisius College

State University of New York, Buffalo

Marian Payson

April 14, 2003 -

Duke University

Northwestern University Law

Jeremiah McCarthy

February 26, 2007 -

University of Notre Dame

Cornell Law

Michael J. Roemer

December 18, 2015 -

West Point

Cornell Law School

Mark Pedersen

November 6, 2019 -

Syracuse University, 1979

State University of New York, Buffalo School of Law, 1982

Former chief judges

In order to qualify for the office of chief judge in an Article III circuit or district court, or on the United 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 the United States Court of Federal Claims, the chief judge is selected by the President 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]

  • Frank P. Geraci, Jr. - (2015-2021)
  • William Skretny - (2010-2015)
  • Richard Arcara - (2003-2010)
  • David Larimer - (1996-2002)
  • Michael Telesca - (1989-1995)
  • John Curtin - (1974-1989)
  • John Henderson - (1967-1974)
  • Harold Burke - (1955-1967)
  • John Knight - (1948-1955)

Former judges

For information about judges of the Western District of New York, see former federal judges of the Western District of New York.

Jurisdiction

United states district court western district of new york

The Counties of the Western District of New York (click for larger map)

The Western District of New York has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.

  • Allegany County
  • Cattaraugus County
  • Chautauqua County
  • Chemung County
  • Erie County
  • Genesee County
  • Livingston County
  • Monroe County
  • Niagara County
  • Ontario County
  • Orleans County
  • Schuyler County
  • Seneca County
  • Steuben County
  • Wayne County
  • Wyoming County
  • Yates County

Caseloads

This section contains court management statistics dating back to 2010. It was last updated in April 2021. Click [show] below for more information on caseload terms and definitions.

Caseload statistics explanation
Term Explanation
Cases filed and terminated The number of civil and criminal lawsuits formally initiated or decided by the court in a calendar year. The chart below reflects the table columns Cases filed and Cases terminated.
Average time from filing to disposition The 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 columns Median time (Criminal) and Median time (Civil).
Starting case load The number of cases pending from the previous calendar year.
Cases filed The number of civil and criminal lawsuits formally initiated in a calendar year.
Cases terminated The total number of civil and criminal lawsuits decided by the court in a calendar year.
Remaining cases The 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 cases The number and percent of civil cases that were filed more than three years before the end of the given calendar year.
Vacant posts The number of months during the year an authorized judgeship was vacant.
Trial/Post The 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 New York caseload stats, 2010-2019
Year Cases Filed Cases Terminated Cases Pending Number of Judgeships Vacant Judgeship Months Average Total Filings per Judgeship Trials Completed per Judgeship Median time from filing to disposition, criminal Median time from filing to disposition, civil Three-year civil cases (#) Three-year civil cases (%)
2010 3,087 3,155 3,755 4 12 772 13 9 8 423 17
2011 2,693 2,866 3,002 4 12 673 6 10 9 396 17
2012 3,140 2,972 3,698 4 12 785 11 9 8 386 16
2013 3,058 3,056 3,678 4 11 765 11 13 9 349 14
2014 2,976 3,011 3,632 4 0 744 12 16 11 358 14
2015 2,907 2,814 3,715 4 19 727 11 15 10 378 14
2016 2,829 2,959 3,580 4 12 707 10 19 13 419 16
2017 3,292 2,903 3,975 4 12 823 14 15 12 442 14
2018 3,625 3,271 4,309 4 12 906 16 14 14 420 12
2019 3,797 3,784 4,309 4 11 949 13 11 14 433 12
Average 3,140 3,079 3,765 4 11 785 12 13 11 400 15

History

The District of New York was established by Congress on September 24, 1789, with one post to cover the entire state. On April 09, 1814, Congress split the district into two, creating the Northern and Southern Districts of New York, each receiving one judgeship. The Eastern District was created on February 25, 1865, with one authorized judgeship. The Western District was created last of the districts on May 12, 1900, receiving one authorized judgeship. Over time three additional judicial posts were added for a total of four current posts.[7]

Judicial posts

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

Year Statute Total Seats
September 24, 1789 1 Stat. 73 1 (District of New York)
May 12, 1900 31 Stat. 175 1
March 3, 1927 44 Stat. 1370 2
March 18, 1966 80 Stat. 75 3
July 10, 1984 98 Stat. 1929 4 (3 permanent, 1 temporary)
December 1, 1990 104 STat. 5089 4 (4 permanent)

Noteworthy cases

For a searchable list of opinions, please see Opinions of the Western District of New York.

Noteworthy events

Federal Judicial Conference recommendation (2019)

In March 2019, the Federal Judicial Conference (FJC) recommended that one judgeship be added to the district.[8] Based on FJC data, the district handled 562 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.[9]

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.[10] 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.[11]

Federal courthouse

The United States District Court for the Western District of New York has two locations. One is located in Buffalo and serves Niagara, Orleans, Genesee, Erie, Wyoming, Allegany, Chautauqua, and Cattaraugus counties. The other is located in Rochester and serves Monroe, Wayne, Ontario, Yates, Seneca, Livingston, Steuben, Schuyler, and Chemung counties.[12]

About United States District Courts

The United States district courts are the general trial courts of the United States federal courts. There are 94 such courts. Both civil and criminal cases are filed in the district court, which is a court of both law and equity.

There is a United States bankruptcy court and a number of bankruptcy judges associated with each United States district court. Each federal 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 these territorial courts do not enjoy the protections of Article III of the Constitution, and serve terms of 10 years rather than for life.

There are 677 U.S. District Court judgeships.[13][14]

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.[15]

Appointments by president

The chart below shows the number of district court judges confirmed by the U.S. Senate through October 1 of the second year of each president's term in office. At this point in the term, President Clinton had the most district court appointments with 83.

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 the United 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 by Article 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 with Article III of the United States Constitution.[14]

Step
United states district court western district of new york
Candidacy Proceeds
United states district court western district of new york
Candidacy Halts
1. Recommendation made by Congress Member to the President President Nominates to Senate Judiciary Committee President Declines Nomination
2. Senate Judiciary Committee interviews Candidate Sends candidate to Senate for confirmation Returns candidate to President, who may re-nominate to Committee
3. Senate votes on candidate confirmation Candidate becomes federal judge Candidate does not receive judgeship

Magistrate judges

The district courts are also served by magistrate judges. Congress created the judicial office of federal magistrate in 1968. In 1990, the position title was changed to magistrate 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.[16]

See also

  • United States Court of Appeals for the 2nd Circuit
  • District of Connecticut
  • Eastern District of New York
  • Northern District of New York
  • Southern District of New York
  • District of Vermont
  • Search Google News for this topic
  • United States District Court for the Western District of New York website

Footnotes

  1. Federal Judicial Center, "Magistrate Judgeships," accessed April 29, 2021
  2. ↑ 2.0 2.1 United States Courts, "Frequently Asked Questions," accessed January 25, 2022
  3. ↑ 3.0 3.1 3.2 Cornell Law School Legal Information Institute, "28 U.S. Code § 136 - Chief judges; precedence of district judges," accessed January 25, 2022
  4. ↑ 4.0 4.1 4.2 Cornell Law School Legal Information Institute, "28 U.S. Code § 258 - Chief judges; precedence of judges," accessed January 25, 2022
  5. ↑ 5.0 5.1 5.2 Cornell 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. ↑ 7.0 7.1 Federal Judicial Center, "U.S. District Courts for the Districts of New York," accessed July 4, 2017
  8. Federal Judicial Conference, "March 2019 Recommendations," accessed July 25, 2019
  9. US Courts, "Table X-1A—Other Judicial Business (September 30, 2018)," accessed July 24, 2019
  10. US Courts, "Governance & the Judicial Conference," accessed July 25, 2019
  11. US Courts, "About the Judicial Conference," accessed July 25, 2019
  12. Western District of New York, "Accessing the court," accessed April 30, 2021
  13. US Courts, "Federal Judgeships," accessed May 10, 2021 (archived)
  14. ↑ 14.0 14.1 U.S. Courts, "United States District Court Federal Judiciary Frequently Asked Questions," accessed May 10, 2021 (archived)
  15. United States District Courts, "District Courts," accessed May 10, 2021
  16. The 'Lectric Law Library, "Understanding the U.S. federal courts"

United states district court western district of new york

v  e

State of New York
Albany (capital)
Elections

What's on my ballot? | Elections in 2022 | How to vote | How to run for office | Ballot measures

Government

Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy

v  e

U.S. Circuit Courts and District Courts
 

First Circuit

District of Maine • District of Massachusetts • District of New Hampshire • District of Puerto Rico • District of Rhode Island

 

Second Circuit

District of Connecticut • Eastern District of New York • Northern District of New York • Southern District of New York • Western District of New York • District of Vermont

 

Third Circuit

District of Delaware • District of New Jersey • Eastern District of Pennsylvania • Middle District of Pennsylvania • Western District of Pennsylvania

 

Fourth Circuit

District of Maryland • Eastern District of North Carolina • Middle District of North Carolina • Western District of North Carolina • District of South Carolina • Eastern District of Virginia • Western District of Virginia • Northern District of West Virginia • Southern District of West Virginia

 

Fifth Circuit

Eastern District of Louisiana • Middle District of Louisiana • Western District of Louisiana • Northern District of Mississippi • Southern District of Mississippi • Eastern District of Texas • Northern District of Texas • Southern District of Texas • Western District of Texas

 

Sixth Circuit

Eastern District of Kentucky • Western District of Kentucky • Eastern District of Michigan • Western District of Michigan • Northern District of Ohio • Southern District of Ohio • Eastern District of Tennessee • Middle District of Tennessee • Western District of Tennessee

 

Seventh Circuit

Central District of Illinois • Northern District of Illinois • Southern District of Illinois • Northern District of Indiana • Southern District of Indiana • Eastern District of Wisconsin • Western District of Wisconsin

 

Eighth Circuit

Eastern District of Arkansas • Western District of Arkansas • Northern District of Iowa • Southern District of Iowa • District of Minnesota • Eastern District of Missouri • Western District of Missouri • District of Nebraska • District of North Dakota • District of South Dakota

 

Ninth Circuit

District of Alaska • District of Arizona • Central District of California • Eastern District of California • Northern District of California • Southern District of California • District of Hawaii • District of Idaho • District of Montana • District of Nevada • District of Oregon • Eastern District of Washington • Western District of Washington

 

Tenth Circuit

District of Colorado • District of Kansas • District of New Mexico • Eastern District of Oklahoma • Northern District of Oklahoma • Western District of Oklahoma • District of Utah • District of Wyoming

 

Eleventh Circuit

Middle District of Alabama • Northern District of Alabama • Southern District of Alabama • Middle District of Florida • Northern District of Florida • Southern District of Florida • Middle District of Georgia • Northern District of Georgia • Southern District of Georgia

United states district court western district of new york

v  e

Federal judges who have served the United States District Court for the Western District of New York
Active judges

Chief Judge: Elizabeth A. Wolford   •  Frank P. Geraci, Jr.  •  Lawrence Joseph Vilardo  •  John Sinatra

Senior judges

Richard Arcara  •  David Larimer  •  Charles Siragusa  •  William Skretny  •  

Magistrate judges Leslie Foschio  •  Jeremiah McCarthy  •  Marian Payson  •  Kenneth Schroeder  •  Michael J. Roemer  •  Mark Pedersen  •  
Former Article III judges

John Curtin  •  Michael Telesca  •  John Raymond Hazel  •  Simon Louis Adler  •  John Knight (New York)  •  Harlan Watson Rippey  •  Harold Burke  •  John Elfvin  •  John Henderson  •  Justin Morgan (New York)  •  

Former Chief judges

Richard Arcara  •  David Larimer  •  John Curtin  •  Michael Telesca  •  John Knight (New York)  •  Harold Burke  •  John Henderson  •  Frank P. Geraci, Jr.  •  

Where is the Western District of New York?

Welcome to the United States Attorney's Office for the Western District of New York which encompasses 17 counties: Erie, Genesee, Niagara, Orleans, Wyoming, Chautauqua, Cattaraugus, Allegany, Livingston, Monroe, Ontario, Seneca, Wayne, Yates, Steuben, Schuyler and Chemung.

What district Court is Buffalo NY?

Western District of New York | United States District Court.

How many districts courts are in New York?

In addition to the four Appellate Division departments, New York State is broken into 12 judicial districts. The Eighth Judicial District includes the Supreme, County, Family and Surrogate Courts in the 8 counties of Western New York: Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, and Wyoming.

What are the New York district courts?

District Courts are located in Nassau County and parts of Suffolk County and handle civil and criminal matters. They have criminal jurisdiction over misdemeanors and lesser offenses (cases that carry a term of imprisonment of no more than one year), and also conduct arraignments in felony cases.