LOCAL CRIMINAL RULE 5 - INITIAL
APPEARANCE BEFORE THE MAGISTRATE JUDGE
LCrR5.1E Automatic Referral of
Proceedings in Criminal Cases
LCrR5.1M Referral of Pre-trial Proceedings in Criminal
Cases
LCrR5.1W Referral of Pre-trial Proceedings in Criminal Cases
LCrR5.2E Assignment of Matters to the Magistrate Judge
LCrR5.1E Automatic Referral
of Proceedings in Criminal Cases
All criminal matters of the following
nature shall be heard and conducted by the magistrate judges:
A. All
proceedings including trial and imposition of sentence in petty offense and other
misdemeanor cases, subject to the limitations of 18 USC 3401;
B. Arraignments and
all other non-dispositive proceedings in other criminal cases that may under these rules
be conducted by the magistrate judges, including without limitation, simplified motion
hearings, motions related to deposition, discovery, inspection, subpoenas, bills of
particular and mental or other examinations, but excluding motions to suppress, motions
for trial continuances and motions for withdrawal or substitution of counsel;
C. All proceedings
a magistrate judge is authorized to conduct by Rules 3 , 4, 5, 5.1, 40(b), and 41, Federal Rules of Criminal
Procedure;
D. Proceedings to
order release or detention of arrested persons pursuant to 18 USC 3141 et seq.;
E. Receiving return
of indictments by the grand jury and issuance of bench warrants for defendants named in
the indictment, when necessary.
Nothing in these rules shall preclude a judge from withdrawing the reference of any matter.
LCrR5.1M Referral of Pre-trial
Proceedings in Criminal Cases
Pre-trial proceedings in criminal
matters shall be referred to a magistrate judge for decision or for report and
recommendation, in accordance with 28 USC 636(b)(1)(A)
and (B), by specific
referral of the presiding district judge or by any general or standing orders. [Amended
June 28, 2002]
LCrR5.1W Referral of
Pre-trial Proceedings in Criminal Cases
Pre-trial proceedings in criminal
matters shall be referred to a magistrate judge for decision or for report and
recommendation in accordance with 28 USC 636(b)(1)(A)
and (B), and any
standing orders issued by the judge to whom the case is assigned.
LCrR5.2E Assignment of
Matters to the Magistrate Judge
A magistrate judge will be designated as
the criminal magistrate judge. All magistrate judges shall perform criminal duty
responsibilities on a rotating basis after regular business hours, on weekends, and as the
court specifies. The criminal magistrate judge shall:
1. Conduct
preliminary proceedings in criminal cases, pursuant to Rules 3 , 4, 5, 5.1, 40(b), and 41 of the Federal Rules of
Criminal Procedure;
2. Receive returns
of the Grand Jury;
3. Set conditions
of bail and order release or detention of arrested persons in accordance with 18 USC 3141, except
that the magistrate judge who initially sets the conditions of release shall also conduct
all subsequent proceedings related to detention or release of the defendant;
4. Conduct the
arraignment in criminal cases;
5. Conduct
proceedings in petty offense cases brought pursuant to the Migratory Bird Treaty Act Migratory Bird Treaty Act
and under the Central Violations Bureau.
LCrR12.E Pretrial Motions
Pretrial motions relative to discovery shall be filed within the time set by the magistrate judge, and shall be noticed for hearing on the motion day following the expiration of 15 days. The government shall file its response no later than eight calendar days before the scheduled hearing date.
These discovery motions shall be accompanied by a certificate of counsel for the moving party stating that counsel have conferred in person or by telephone for the purpose of amicably resolving the issues and stating that they are unable to agree or stating that opposing counsel has refused to so confer after reasonable notice. Counsel for the moving party shall arrange the conference. [Adopted March 26, 2001]