The United States attorney for the District of South Carolina represents the United States in civil and criminal litigation in the court. As of July 26, 2022[update], the United States attorney is Adair Ford Boroughs.[1]
The District of South Carolina was one of the original 13 courts established by the Judiciary Act of 1789, 1 Stat.73, on September 24, 1789.[2] It was subdivided into the United States District Court for the Eastern District of South Carolina and the United States District Court for the Western District of South Carolina Districts on February 21, 1823, by 3 Stat.726.[2] The Eastern District was headquartered at Florence,[3] and the Western District was headquartered in Greenville.[4] The division was solely for the purposes of holding court – a single judge presided over both districts, and the act authorized no additional court staff.[2]
In 1898 the United States Supreme Court held in Barrett v. United States[5] that South Carolina legally constituted a single judicial district. Congress made another effort to subdivide the District on March 3, 1911, by 36 Stat.1087 and 36 Stat.1123. South Carolina was again split into Eastern and the Western Districts, with one judgeship authorized to serve both districts, effective January 1, 1912.[2] Congress finally authorized an additional judgeship for the Western District, and assigned the sitting judge exclusively to the Eastern District, on March 3, 1915, by 38 Stat.961.[2] However, on October 7, 1965, by 79 Stat.951, South Carolina was reorganized as a single judicial district with four judgeships authorized for the district court.[2] It has since remained a single District.
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.
The U.S. Attorney for South Carolina is the chief law enforcement officer for the United States District Court for the District of South Carolina. Between 1918 and 1968, the district was separated into western and eastern districts of South Carolina and then reunited.[15]
^Recess appointment; formally nominated on February 8, 1790, confirmed by the United States Senate on February 10, 1790, and received commission on February 10, 1790.
^Recess appointment; formally nominated on January 29, 1840, confirmed by the United States Senate on February 17, 1840, and received commission on February 17, 1840.
^Recess appointment; formally nominated on December 9, 1886, confirmed by the United States Senate on January 13, 1887, and received commission on January 13, 1887.
