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Tuesday, May 29, 2018

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The United States District Court for the Western District of Michigan (in case citations, W.D. Mich.) is the Federal district court with jurisdiction over of the western portion of the state of Michigan, including the entire Upper Peninsula.

Appeals from the Western District of Michigan are taken to the United States Court of Appeals for the Sixth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).

The current Acting United States Attorney for the Western District of Michigan is Andrew B. Birge, who was appointed on January 20, 2017.


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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. 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 On March 3, 1837, Congress passed an act that repealed the circuit court jurisdiction of the U.S. District Court for the District of Michigan, assigned the District of Michigan to the Seventh Circuit, and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.

On July 15, 1862, Congress reorganized the circuits and assigned Michigan to the Eighth Circuit by 12 Stat. 576, and on January 28, 1863, the Congress again reorganized Seventh and Eight Circuits and assigned Michigan to the Seventh Circuit, by 12 Stat. 637. 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. The Western District was later further divided into a Southern Division and a Northern Division.

Court was held at the Old Federal Building in Sault Ste. Marie from 1912 until 1941. While the law allows court to be held in Sault Ste. Marie, it no longer is.


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Jurisdiction

The District Court is based in Grand Rapids, courthouses also located in Kalamazoo, Lansing, and Marquette in the Upper Peninsula. The United States Court of Appeals for the Sixth Circuit has appellate jurisdiction over the court.


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Divisions

The Western District comprises two divisions.

The Northern Division

The Northern Division comprises the counties of Alger, Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette, Menominee, Ontonagon, and Schoolcraft.

Court for the Northern Division can be held in Marquette and Sault Sainte Marie.

The Southern Division

The Southern Division comprises the counties of Allegan, Antrim, Barry, Benzie, Berrien, Branch, Calhoun, Cass, Charlevoix, Clinton, Eaton, Emmet, Grand Traverse, Hillsdale, Ingham, Ionia, Kalamazoo, Kalkaska, Kent, Lake, Leelanau, Manistee, Mason, Mecosta, Missaukee, Montcalm, Muskegon, Newaygo, Oceana, Osceola, Ottawa, Saint Joseph, Van Buren, and Wexford.

Court for the Southern Division can be held in Grand Rapids, Kalamazoo, Lansing, and Traverse City.


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Notable cases

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

  • Bogaert v. Land
  • Singapore Dunes LLC v. Saugatuck Township

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Current judges


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Vacancies and pending nominations


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Former judges




Chief judges

Chief judges have administrative responsibilities with respect to their district court, and preside over any panel on which they serve unless circuit judges are also on the panel. 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

  • Courts of Michigan
  • List of United States federal courthouses in Michigan
  • United States District Court for the Eastern District of Michigan



Notes




External links

  • United States District Court for the Western District of Michigan Official Website
  • United States Attorney for the Western District of Michigan Official Website

Source of article : Wikipedia