As of May 5, 2022[update], the United States attorney for the Western District of Michigan is Mark Totten.[1]
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.[2] 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 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 On March 3, 1837, Congress passed an act that repealed the circuit court jurisdiction of the U.S. District Court for the District of Michigan, assigned the District of Michigan to the Seventh Circuit, and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.[2]
On July 15, 1862, Congress reorganized the circuits and assigned Michigan to the Eighth Circuit by 12 Stat. 576,[2] and on January 28, 1863, the Congress again reorganized Seventh and Eight Circuits and assigned Michigan to the Seventh Circuit, by 12 Stat. 637.[2] 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.[2] The Western District was later further divided into a Southern Division and a Northern Division.
In the 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,[3] it no longer is.[4]
^Recess appointment; formally nominated on December 8, 1925, confirmed by the United States Senate on December 18, 1925, and received commission the same day.
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 24, 1863 by 12 Stat. 660