California was admitted as a state on September 9, 1850, and was initially divided into two districts, the Northern and the Southern, by Act of Congress approved September 28, 1850, 9 Stat. 521. The boundary line was at the 37th parallel of North Latitude. The creating act provided that:
In addition to the ordinary jurisdiction and powers of a District Court of the United States, with which the Southern District Court of New York has been invested, the said Courts be and hereby are invested respectively within the limits of its district with the exercise of concurrent jurisdiction and power in all civil cases now exercised by the Circuit Courts of the United States; and that in all cases where said Courts shall exercise such jurisdiction, appeals may be taken from the judgments, orders or decrees of said Courts to the Supreme Court of the United States.
The Act of August 31, 1852 made the Judge of the Northern District be Judge of the Southern District as well until otherwise provided, by 10 Stat. 76, 84, effectively creating a single District in all but name until an Act of January 18, 1854 provided for the appointment of a Judge for the Southern District. The Southern District of California was abolished and the State made to constitute a single district – the United States District Court for the District of California – by Act of Congress approved July 27, 1866, 14 Stat. 300.
Twenty years later, on August 5, 1886, Congress re-created the Southern District of California by 24 Stat. 308.Erskine M. Ross was appointed Judge of the new district and served until his promotion to the Circuit Judgeship, when he was succeeded by Olin Wellborn. On March 18, 1966, the Eastern and Central Districts were created from portions of the Northern and Southern Districts by 80 Stat. 75.
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.
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