United States District Court for the Western District of Missouri

Western District of Missouri
Eighth Circuit
Judgeships
Posts: 7
Judges: 6
Vacancies: 1
Judges
Chief: Mary Elizabeth Phillips
Active judges: Stephen R. Bough, M. Douglas Harpool, David Kays, Roseann A. Ketchmark, Mary Elizabeth Phillips, Brian C. Wimes Senior judges: Gary Fenner, Fernando Gaitan, Nanette Laughrey, Howard Sachs, Rodney Sippel, Ortrie Smith, Dean Whipple

The United States District Court for the Western District of Missouri is one of 94 United States district courts. Courthouses are located in Kansas City, Jefferson City, and Springfield. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Eighth Circuit, based in downtown St. Louis, Missouri, at the Thomas F. Eagleton Federal Courthouse and Building.

Vacancies

See also: Current federal judicial vacancies

There is one current vacancy on the United States District Court for the Western District of Missouri, out of the court's seven judicial positions.

Pending nominations

There are no pending nominees for this court.

Active judges

Article III judges

Judge	Appointed By	Assumed Office	Bachelors	Law
David Kays	George W. Bush (R)	June 19, 2008 -	Southwest Missouri State University, 1985	University of Arkansas School of Law, 1987
Mary Elizabeth Phillips	Barack Obama (D)	March 22, 2012 -	University of Chicago, 1991	University of Missouri Law, 1996
Brian C. Wimes	Barack Obama (D)	April 30, 2012 -	University of Kansas, 1990	Texas Southern University, 1994
M. Douglas Harpool	Barack Obama (D)	March 28, 2014 -	Missouri State University, 1977	University of Missouri, Columbia Law, 1980
Stephen R. Bough	Barack Obama (D)	December 19, 2014 -	Missouri State University, 1993	University of Missouri-Kansas City School of Law, 1997
Roseann A. Ketchmark	Barack Obama (D)	September 14, 2015 -	University of Oklahoma, 1986	University of Kansas, School of Law, 1990

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: 5
• Republican appointed: 1

Senior judges

Judge	Appointed By	Assumed Office	Bachelors	Law
Howard Sachs	Jimmy Carter (D)	October 31, 1992 -	Williams College, 1947	Harvard Law School, 1950
Dean Whipple	Ronald Reagan (R)	April 30, 2007 -	Drury College, 1961	University of Missouri-Kansas City School of Law, 1965
Ortrie Smith	Bill Clinton (D)	April 30, 2011 -	University of Missouri, Columbia, 1968	University of Missouri-Kansas City School of Law, 1971
Nanette Laughrey	Bill Clinton (D)	August 27, 2011 -	University of California, Los Angeles, 1967	University of Missouri, Columbia School of Law, 1975
Fernando Gaitan	George H.W. Bush (R)	January 3, 2014 -	Pittsburg State University, Pittsburg, Kansas, 1970	University of Missouri-Kansas City School of Law, 1974
Gary Fenner	Bill Clinton (D)	September 8, 2015 -	University of Kansas, Lawrence, 1970	University of Missouri-Kansas City School of Law, 1973
Rodney Sippel		January 28, 2023 -	University of Tulsa, 1978	Washington University School of Law, 1981

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: 5
• Republican appointed: 2

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.

Judge	Appointed By	Assumed Office	Bachelors	Law
James England	United States District Court for the Western District of Missouri	November 15, 1976 -	University or Missouri, 1969	University of Missouri Law, 1972
David P. Rush	United States District Court for the Western District of Missouri	December 1, 2012 -	Missouri State University, 1983	University of Iowa, 1986
Willie Epps	United States District Court for the Western District of Missouri	July 17, 2017 -	Amherst College, 1992	Harvard Law School, 1995
Lajuana Counts	United States District Court for the Western District of Missouri	September 2, 2018 -	University of Missouri, Columbia, 1982	University of Missouri, Kansas City, 1988
Jill Morris	United States District Court for the Western District of Missouri	August 3, 2020 -
Brian Gaddy	United States District Court for the Western District of Missouri	September 25, 2020 -		University of Missouri, Kansas City, 1994

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.

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.

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.

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.

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.

David Kays - (2014 - 2019) Fernando Gaitan - (2007 - 2014) Dean Whipple - (2000 - 2007) Brook Bartlett - (1995 - 2000) Joseph Stevens - (1992 - 1995) Howard Sachs - (1990 - 1992) Scott Wright - (1985 - 1990) Russell Clark - (1980 - 1985) Elmo Hunter - (1980 - 1980)

John Oliver - (1977 - 1980) William Becker - (1965 - 1977) Floyd Gibson - (1962 - 1965) Randle Smith - (1961 - 1962) Albert Ridge - (1959 - 1961) Richard Duncan - (1954 - 1959) Albert Reeves - (1948 - 1954)

Former judges

For more information on the judges of the court, see former federal judges of the Western District of Missouri.

Jurisdiction

Western District of Missouri counties (click for larger map)

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

There are five court divisions, each covering the following counties:

The Western Division, covering Bates, Carroll, Cass, Clay, Henry, Jackson, Johnson, Lafayette, Ray, St. Clair, and Saline counties.

The Central Division, covering Benton, Boone, Callaway, Camden, Cole, Cooper, Hickory, Howard, Miller, Moniteau, Morgan, Osage, and Pettis counties.

The Southern Division, covering Cedar, Christian, Dade, Dallas, Douglas, Greene, Howell, Laclede, Oregon, Ozark, Polk, Pulaski, Taney, Texas, Webster, and Wright counties.

The St. Joseph Division, covering Andrew, Atchison, Buchanan, Caldwell, Clinton, Daviess, DeKalb, Gentry, Grundy, Harrison, Holt, Livingston, Mercer, Nodaway, Platte, Putnam, Sullivan, and Worth counties.

The Southwestern Division, covering Barry, Barton, Jasper, Lawrence, McDonald, Newton, Stone, and Vernon counties.

Caseloads

This section contains court management statistics dating back to 2010. It was last updated in August 2023. 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

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	3,473	3,259	2,899	6	0	579	24	12	8	35	2
2011	3,275	3,043	2,695	6	12	546	23	14	9	60	3
2012	3,999	3,774	3,300	6	6	667	20	14	7	56	3
2013	3,633	3,548	3,403	6	8	606	19	14	10	47	2
2014	3,447	3,517	3,332	6	8	575	27	15	10	53	3
2015	3,333	3,632	3,031	6	0	556	38	17	9	71	4
2016	3,657	3,636	3,079	6	0	610	32	16	9	74	4
2017	3,311	3,683	2,711	6	0	552	33	15	8	92	6
2018	3,144	3,116	2,704	6	0	524	31	17	7	83	6
2019	3,281	3,165	2,824	6	0	547	31	15	7	117	8
2020	3,102	2,770	3,140	6	0	517	21	17	7	130	8
2021	3,072	3,093	3,161	6	0	512	19	19	7	125	8
2022	3,102	2,770	3,140	6	0	517	21	17	7	130	8
Average	3,371	3,308	3,032	6	3	562	26	16	8	83	5

History

Congress established the State of Missouri as one judicial district on March 16, 1822, with one post to cover the entire state. The district court in Missouri was not yet assigned to a judicial circuit, and therefore was granted the same jurisdiction as the United States circuit courts, excluding appeals or writs of error, which are the jurisdiction of the United States Supreme Court.

On March 3, 1837, following Statute 5 Stat. 176, Congress repealed the circuit court jurisdiction of the district court of Missouri. Missouri was assigned to the Eighth Circuit and the U.S. Circuit Court for the District of Missouri was created. On March 3, 1857, Statute 11 Stat. 197 divided the U.S. Circuit Court for the District of Missouri into two judicial districts, known as the Eastern and the Western. One judgeship was authorized to each district, and the district judge who served the District of Missouri was assigned to serve the Western District of Missouri.

Congress assigned Missouri to the Ninth Circuit on July 15, 1862, and then assigned Missouri to the Eighth Circuit on July 23, 1866.

Over time, five additional judicial posts were added for a total of seven posts.

Judicial posts

The following table highlights the development of judicial posts for the Western District of Missouri:

Year	Statute	Total Seats
March 3, 1857	11 Stat. 197	1
September 14, 1922	42 Stat. 838	2
June 22, 1936	49 Stat. 1804	3
December 24, 1942	56 Stat. 1083	4
May 19, 1961	75 Stat. 80	5
June 2, 1970	84 Stat. 294	7
October 20, 1978	92 Stat. 1629	7
July 10, 1984	98 Stat. 333	7
December 1, 1990	104 Stat. 5089	7

Noteworthy cases

For a searchable list of opinions, click here.

• Death row prisoner's stay of execution denied, then granted (2014)      Judge(s):Mary Elizabeth Phillips (U.S. v. Bucklew)	Click for summary→
On May 19, 2014, Judge Mary Elizabeth Phillips refused to issue a stay in the execution of Russell Bucklew, over his lawyers’ arguments that the death-row inmate’s rare birth defect would cause him to suffer cruel and unusual punishment if he were to be lethally injected. Bucklew, who was convicted on rape and murder charges, suffered from a congenital medical condition that caused a tumor to grow on his face and head. His attorneys alleged the tumor caused Bucklew to "experience bleeding, intense pain, and difficulty breathing." They further alleged that because of Bucklew’s medical condition, the lethal injection drugs would likely cause him to hemorrhage, choke, or suffocate to death. Judge Phillips refused to grant a stay, noting that Bucklew failed to offer feasible suggestions for an alternative method of execution: “ His complaint does not include any reference to a feasible and more humane alternative method of execution. Rather, the complaint appears to allege that there is currently no constitutional method of executing Bucklew. ” Bucklew’s attorneys appealed to a panel of the United States Court of Appeals for the Eighth Circuit, which granted a stay of execution in a 2-1 vote on May 21, 2014, the day Bucklew was scheduled to be put to death. The Missouri Attorney General’s Office appealed the ruling, and later that day, the full circuit court reversed its earlier stay. Bucklew’s legal team then appealed to the Supreme Court as a last resort, and Justice Samuel Alito issued an emergency order to stay Bucklew’s execution. There were five hours left on Bucklew’s death warrant when the Supreme Court issued its stay. In March 2018, the Supreme Court issued another order staying Bucklew's execution a second time. On April 1, 2019, the U.S. Supreme Court affirmed an earlier Eighth Circuit ruling, holding Bucklew did not meet criteria under previous U.S. Supreme Court rulings requiring a death-row inmate to show both that a feasible and readily implemented alternative method existed and also that the state refused to use the method without a good reason. Click here for more information. Bucklew was executed on October 1, 2019.

• Death row inmate's appeal over execution drugs denied (2014)      Judge(s):Mary Elizabeth Phillips (U.S. v. Taylor)	Click for summary→
On February 24, 2014, Judge Mary Elizabeth Phillips denied a stay of execution for Michael Taylor, a convicted rapist and murderer. Taylor's lawyers argued that Missouri's execution protocols put their client at a high risk of experiencing Eighth Amendment violations in the form of cruel and unusual punishment. Using past execution drug failures as examples, and pentobarbital's failures in particular, members of Taylor's defense team alleged their client would experience "severe, unnecessary, lingering and ultimately inhumane pain." Taylor's lawyers also argued that Missouri officials violated prisoners' rights by executing them prior to all legal appeals reaching their conclusion. Judge Phillips twice denied Taylor's petitions, saying his constitutional arguments would likely be unsuccessful: “ Taylor has not set forth any binding legal authority to suggest that, even if there was a change to the protocol, death row inmates have a due process right to review an execution protocol or be notified of a change to it. ” Taylor was subsequently executed on February 26, 2014.

• Mandatory drug testing of college students found unconstitutional (2013)      Judge(s):Nanette Laughrey (Barrett, et al v. Claycomb, et al, 2:11-CV-04242-NKL)	Click for summary→
On September 13, 2013, Judge Nanette Laughrey ruled that mandatory and suspicionless drug testing of college students was unconstitutional as an unreasonable search. In the underlying case, Linn State Technical College instituted a drug-testing program in 2011 that required that incoming freshmen and students who had been away from campus for six months or more submit to urine testing for drug screens. The college said that the drug tests would prepare students for employment in fields where such tests may be required. The ACLU filed suit on behalf of six students, alleging that the drug tests violated their Fourth Amendment rights against unreasonable searches and seizures. Judge Laughrey granted the students an injunction, and Linn State filed an interlocutory appeal to the United States Court of Appeals for the Eighth Circuit, claiming that the school needed to perform these drug tests to prevent safety risks to its students. The appeals court lifted the injunction and sent the case back to the trial court, where Judge Laughrey ruled that the school had used "illusory safety concerns to mask unconstitutional purposes." Noting that it was settled law that urine tests are searches under the Fourth Amendment, Judge Laughrey found that Linn State's drug-testing policy was unconstitutional. A lawyer for the school said further appeal in the case was likely.

Federal courthouse

Three separate courthouses serve the Western District of Missouri located in Jefferson City, Kansas City, and Springfield.

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.

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.

Appointments by president

The chart below shows the number of district court judges confirmed by the U.S. Senate through July 1 of the fourth year of each president's term in office. At this point in the term, President Joe Biden had the most district court appointments with 156.

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.

Step	A Candidacy Proceeds	A 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.

See also

• United States Court of Appeals for the Eighth Circuit
• United States District Court for the Eastern District of Arkansas
• United States District Court for the Western District of Arkansas
• United States District Court for the Northern District of Iowa
• United States District Court for the Southern District of Iowa
• United States District Court for the District of Minnesota
• United States District Court for the Eastern District of Missouri
• United States District Court for the District of Nebraska
• United States District Court for the District of North Dakota
• United States District Court for the District of South Dakota

External links

• Search Google News for this topic
• Official website of the Western District of Missouri
• Opinions of the Western District of Missouri
• U.S. Attorney's Office for the Western District of Missouri