Local Rule LCrR5.1: Timing of Initial Appearances

LCrR5.1 Timing of Initial Appearances.

(a) Unless otherwise specifically set, initial appearances will be conducted by the duty magistrate judge at 3:00 p.m. each business day. The following procedures are implemented to facilitate this docket:

(1) The government shall present complaints to the duty magistrate judge as early as possible, but no later than noon of each business day, absent exceptional circumstances;

(2) The arresting agency shall present a defendant in custody to the U.S. Marshal for processing no later than noon on the day of the defendant's first court appearance; and

(3) A written pretrial services report shall be presented to the duty magistrate judge and made available to defense counsel and the government as soon as practicable on the day of the defendant's first court appearance. The use and disclosure of the pretrial services report, and any information obtained by the pretrial service officer while performing the pretrial services function, are governed by 18 U.S.C. § 3153(c). A copy of the pretrial services report and all supplemental reports prepared by the Probation Office may be retained by defense counsel and the attorney for the government, but shall not be copied or distributed to agents, defendants, or third parties.

(b) In the event an arrest occurs during regular business hours but at such time that the government is unable to comply with subsection (a)(1), the government shall promptly present the complaint to the duty magistrate judge, who shall schedule any necessary court appearance.

(c) This rule does not change the current procedure whereby the government may, when necessary, contact the duty magistrate judge or other available magistrate judge after regular business hours, or weekends and holidays.