 On June 1, 1897, President William McKinley nominated De Haven to a seat on the United States District Court for the Northern District of California vacated by Judge William W. Morrow, who had been elevated to the Ninth Ciruit.De Haven was confirmed as a federal judge by the United States Senate on June 8, 1897, and received his commission the same day.He served on the federal bench until his death of apoplexy on January 26, 1913.