Local Rule LCvR 40.6: OTHER TRANSFERS AND REASSIGNMENTS

LCvR 40.6 OTHER TRANSFERS AND REASSIGNMENTS

(a) TRANSFERS BY CONSENT.

A judge, upon written advice to the Calendar and Case Management Committee, may transfer directly all or part of any case on the judge's docket to any consenting judge.

(b) DEATH, RETIREMENT, APPOINTMENT OF NEW JUDGES, ETC.

When reassignments are necessitated by the death, retirement, resignation or incapacity of any judge or by the appointment of a new judge, or by any other circumstances, the Calendar and Case Management Committee shall determine and indicate by order the method by which such reassignments shall be made.

Reassignment of any criminal case, and matters arising therefrom, previously assigned to a judge who no longer sits on the district court shall be made by random assignment.

(c) REASSIGNMENT OF CRIMINAL CASES.

If the Calendar and Case Management Committee, giving due consideration to LCrR 45.1 of these Rules, determines in its discretion that the interests of justice require the transfer of any criminal case from one judge to another, it may reassign the case.

(d) CALENDAR AND CASE MANAGEMENT COMMITTEE CALENDAR.

Any criminal case in which the only defendant is a fugitive or is mentally incompetent to stand trial shall be assigned to the Calendar and Case Management Committee by the judge upon whose calendar it appears after the case has been pending for 90 days or more. In cases involving two or more defendants, in the event that one or more are fugitives or are mentally incompetent to stand trial, the case may go to trial as to those defendants who are not fugitives and are not mentally incompetent to stand trial. Upon the entry of a final judgment as to such defendants, the case shall be assigned to the Calendar and Case Management Committee for further action as to those defendants who are fugitives or mentally incompetent to stand trial. Additionally, the case of any criminal defendant who becomes a fugitive subsequent to a guilty plea but prior to sentencing shall be assigned to the Calendar and Case Management Committee by the judge upon whose calendar the case appeared after such a fugitive has been an absconder for 90 days or more. The Calendar and Case Management Committee may assign one or more judges for the purpose of making a periodic call of such cases. The judge or judges so assigned shall from time to time consult with the United States Attorney to ascertain whether dismissals of particular criminal actions or civil commitment of defendants incompetent to stand trial shall be deemed advisable. If the reasons which made a case untriable cease to exist, the case shall be reassigned for trial to the transferring judge.

(e) TRANSFERS NOT PROVIDED FOR BY OTHER RULES. CALENDAR If a case is transferred to the Calendar and Case Management Committee for any reason not otherwise provided for in this title, and the Calendar and Case Management Committee approves the transfer, it shall cause the case to be reassigned by random lot or otherwise as these Rules provide.