Local Rule LR72.4: Magistrate Judges - Criminal Proceedings

LR72.4 Magistrate Judges - Criminal Proceedings

(a) Misdemeanor Jurisdiction. Pursuant to 18 U.S.C. § 3401 and subject to the consent of the parties pursuant to Federal Rule of Criminal Procedure 58(b), the magistrate judges of this district are designated to exercise jurisdiction to try persons accused of, and sentence persons convicted of, misdemeanors committed in this district.

(b) Interlocutory Appeal. In those cases where an interlocutory appeal is taken within 14 days as provided in Federal Rule of Criminal Procedure 58(g)(2)(A), the statement specifying the decision or order from which the appeal is taken shall also set forth the reasons why the appealing party believes such decision or order is erroneous. An opposing party shall have 14 days within which to file a reply. The Clerk shall then refer the appeal to a district judge, who may or may not require oral argument. The district judge may dismiss the appeal for lack of jurisdiction, or may affirm, modify, or reverse the magistrate judge's decision or order, or remand the case to the magistrate judge for further proceedings.

Any appeal from a magistrate judge's order on a nondispositive motion in a felony criminal case shall be taken within 14 days of service of the order. Notice of appeal shall be filed with the Clerk within the time indicated. A brief in support of the appeal shall be filed setting forth the reasons why the magistrate judge's order is clearly erroneous or contrary to law. The Court will then reconsider the matter as set forth in 28 U.S.C. § 636(b)(1)(A).

(c) Appeal from Conviction or Sentence. In those cases where an appeal is taken within 14 days from a judgment of conviction or sentence as provided in Federal Rule of Criminal Procedure 58(g)(2)(B), the appealing party shall within 14 days of the filing of the notice of appeal file an assignment of errors and a brief and argument in support thereof. The opposing party shall have 14 days within which to file a reply brief. The Clerk shall then refer the appeal to a district judge for decision. The district judge may or may not require oral argument and may affirm, or reverse and remand to the magistrate judge for a new trial, or reverse and dismiss the prosecution.

(d) Conviction Affirmed. In the event a district judge affirms a judgment of conviction, and the defendant does not file a notice of appeal to the Sixth Circuit Court of Appeals within 14 days of the entry of the order appealed from, the Clerk shall return the case to the magistrate judge for the entry of an appropriate order putting into effect the judgment of conviction.

(e) Appointment of Counsel. As provided in subsections (b), (c) and (d) of 18 U.S.C. § 3006A, the magistrate judge or a district judge may appoint counsel to assist a defendant with an appeal to a district judge. No defendant is eligible for appointment of counsel if the charge is a petty offense and no sentence of imprisonment has been imposed by the magistrate judge or, in the case of an interlocutory appeal, if the magistrate judge has stated on the record that no sentence of imprisonment will be imposed in the event of conviction.

(f) Record on Appeal. If the appellant intends to rely on all or a portion of the transcript or sound recording of the proceeding before the magistrate judge, it shall be his or her responsibility to provide the district court with a transcript of the relevant evidence or to obtain permission from the district court, through the Clerk, to use the sound recording in connection with his or her appeal. However, the provisions of Federal Rule of Criminal Procedure 58(g) shall apply if the appellant establishes his or her indigency. If the appellant files a portion of the transcript of the proceedings before the magistrate judge, the government may file any other portion of the transcript within the time allowed for its reply brief or may move the Court for an order requiring the appellant to file the entire or designated portions of the transcript.

(g) Pro Se Defendant. The requirement for the content of the statement required by Federal Rule of Criminal Procedure 58(g)(2)(A), the requirement for the filing of briefs as provided in subsection (b) of this rule, and the requirement for providing the record on appeal as provided in subsection (f) of this rule may be relaxed by the Court in those cases where a defendant is proceeding pro se.

(h) Notice to Appellant and Appellee. In the case of a pro se appellant, immediately upon the filing of an appeal pursuant to Federal Rule of Criminal Procedure 58(g), the Clerk shall mail a copy of the appellant's statement to the United States Attorney and shall forward a copy to the magistrate judge.