Local Rule Criminal Rule 57.3: Assignment and Designation Procedures Matters to Magistrate Judges

Criminal Rule 57.3 Assignment and Designation Procedures Matters to Magistrate Judges Order of Designation and Assignment. A matter assigned to the magistrate judges either as a matter of course by the Clerk of the United States District Court or by an order of special designation by a district judge of the Court under 28 U.S.C. § 636(b) or (c), precisely stating the nature of the matter, must be assigned to a specific magistrate judge as follows: a. Criminal Cases. 1. Criminal Matters. Where the case has previously been assigned to a specific magistrate judge during the court of criminal complaint duty, the matter will be referred to that magistrate judge. 2. Misdemeanor Cases. All misdemeanor cases must be assigned, upon the filing of an information, complaint or violation notice, or the return of an indictment, to a magistrate judge, who will proceed in accordance with the provisions of 18 U.S.C. § 3401 and Rule 58 of the Federal Rules of Criminal Procedure. 3. Felony Cases. Upon the return of an indictment or the filing of an information, all felony cases must be assigned to a magistrate judge for the conduct of an arraignment and such other pretrial proceedings, or hearings as the assigned district judge will designate. 4. Proceedings. Magistrate judges must conduct all proceedings under Rule 3, 4, 5, and 4.1 of the Federal Rules of Criminal Procedure. 5. Notice of Hearing. A magistrate judge assigned a matter must set the time of hearing, notify all parties and make any further necessary orders consistent with the requirements for the local rules of the Court for the Southern District. 6. Appointment of Counsel. Magistrate judges must appoint counsel for indigent defendants. A magistrate judge may not relieve counsel for a defendant once the case has been set on the calendar of a district judge unless the district judge has specifically referred the matter to the magistrate judge for consideration of relieving counsel and appointing new counsel. 7. Other than: a) Modifying or revoking conditions of release or other applications relating to release; b) Applications to allow persons assisting counsel to enter the facility where the defendant is confined; c) Applications for writs of habeas corpus ad testificandum, and application under Criminal Local Rule 17.1. A magistrate judge will not hear any application or motion in a criminal case on a district judge's calendar unless the district judge refers such application or matter to the magistrate judge for disposition. b. General Nothing in these rules will preclude the Court, or a district judge from reserving any proceedings for conduct by a district judge, rather than a magistrate judge. The Court, moreover, may by general order modify the method of assigning proceedings to a magistrate judge as changing conditions may warrant.