Local Rule 72.1: Magistrate Judges: Selection of Chief Magistrate Judge

Local Rule 72.1 Magistrate Judges: Selection of Chief Magistrate Judge.

(a) Qualifications and Term:

(1) Chief Magistrate Judge: The Chief Magistrate Judge of the district shall be the Magistrate Judge in regular active service who is senior in commission of those Magistrate Judges who--

(A) are sixty-four years of age or under;

(B) have served for one year or more as a Magistrate Judge; and

(C) have not served previously as Chief Magistrate Judge.

(2) Acting Chief Magistrate Judge:

(A) In any case in which no Magistrate Judge meets the qualifications of paragraph (1), the youngest Magistrate Judge in regular active service who is sixty-five years of age or over and who has served as Magistrate Judge for one year or more shall act as the Chief Magistrate Judge.

(B) In any case under subparagraph (A) in which there is no Magistrate Judge in regular active service who has served as a Magistrate Judge for one year or more, the Magistrate Judge in regular active service who is senior in commission and who has not served previously as Chief Magistrate Judge shall act as the Chief Magistrate Judge.

(3) Term of Service:

(A) Except as provided in subparagraph (c), the Chief Magistrate Judge of the district appointed under paragraph (1) shall serve for a term of seven years and shall serve after expiration of such term until another Magistrate Judge is eligible under paragraph (1) to serve as Chief Magistrate Judge of the district.

(B) Except as provided in subparagraph (c), a Magistrate Judge acting as Chief Magistrate Judge under subparagraph (A) or (B) of paragraph (2) shall serve until a Magistrate Judge has been appointed who meets the qualifications under paragraph (1).

(C) No Magistrate Judge may serve or act as Chief Magistrate Judge of the district after attaining the age of seventy years unless no other Magistrate Judge is qualified to serve as Chief Magistrate Judge of the district under paragraph (1) or is qualified to act as Chief Magistrate Judge under paragraph (2).

(b) Precedence among Magistrate Judges: The Chief Magistrate Judge shall have precedence over the other Magistrate Judges and preside at any session which he/she attends with only the other Magistrate Judges. Other Magistrate Judges shall have precedence and preside according to the seniority of their commissions. Magistrate Judges whose commissions bear the same date shall have precedence according to seniority in age.

(c) Relief from Duties: If the Chief Magistrate Judge desires to be relieved of his/her duties as Chief Magistrate Judge while retaining his/her active status as Magistrate Judge, he/she may so certify to the Chief District Judge of the district and thereafter, the Chief Magistrate Judge of the district shall be such other Magistrate Judge who is qualified to serve or act as Chief Magistrate Judge under subsection (a).

(d) Temporary Disability: If a Chief Magistrate Judge is temporarily unable to perform his/her duties as such, they shall be performed by the Magistrate Judge in active service, present in the district and able and qualified to act, who is next in precedence.