(a) Assignment of Criminal Cases. Unless otherwise provided in these Rules
or ordered by the Court, the Clerk must assign criminal cases to District Judges within
each division by automated random selection and in a manner so that neither the Clerk
nor any parties or their attorneys will be able to make a deliberate choice of a particular
Judge. At the conclusion of the preliminary hearing and detention hearing in Tucson, or
at the conclusion of the grand jury return in Phoenix, the Clerk must randomly refer the
criminal case to a Magistrate Judge. The cases so assigned or referred will remain with
the Judges to whom assigned or referred unless otherwise ordered by the Court. With the
exception of defense counsel, any officer of the Court who determines that a new charge
has been filed against a defendant who is under federal Court supervision must
immediately notify the presiding judge before whom the new case is pending.
(1) New Cases in Which the Defendant is on Supervised Release or
Probation. The Clerk of Court must directly assign new cases in which the defendant is
already on probation or supervised release to the judge to whom the probation or
supervised release case is assigned, except as provided in subsections (A), (B), and (C)
below.
(A) If the judge to whom the probation or supervised release case
is assigned is on Senior Status and declines to accept both cases, or if the judge is retired
or otherwise unavailable, the Clerk of Court must randomly assign both the new case and
the petition to revoke probation or supervised release to a District Judge, except as
provided in subsections (B) and(C) below.
(B) If the new case and the probation or supervised release case
are in different divisions, the new case will remain in its division, and the petition to
revoke probation or supervised release must be reassigned to that division’s judge, unless
the judge to whom the probation or supervised release case is assigned wants to keep the
petition.
(C) In the case of a consolidated plea agreement which resolves
both a new felony illegal reentry after deportation, and a probation or supervised release
violation for illegal reentry, alien smuggling, or drug trafficking, the judge to whom the
new offense is assigned must also decide the request for unsuccessful termination of
supervision, unless the judge to whom the supervised release violation is assigned
objects, in which case both the new case and the supervised release case must be assigned
to the objecting judge. In all such cases, defense counsel must be assigned to handle the
entire consolidated proceeding, the sentencing and disposition must be consolidated, and
the clerk must file the minutes in both cases.
(2) Inter-District Probation and Supervised Release Transfer Cases. The
Clerk of Court must randomly assign probation or supervised release cases transferred
from another district to a District Judge in accordance with these rules, except that if a
criminal case involving the same defendant has been filed in this district, the transferred
case must be assigned to the same District Judge.
(3) Escape Cases. In all cases filed that allege an escape in violation of
18 U.S.C. § 751 and/or § 4082, the Clerk of Court shall directly assign the escape case to
the judge who issued the Judgment and Commitment that ordered the original
confinement. If the judge who issued the Judgment and Commitment is on Senior Status
and declines to accept the new escape case, or if the judge who issued the Judgment and
Commitment is retired or otherwise unavailable, the Clerk of Court must randomly assign
the new case to a District Judge. If the new escape case is in a different division than the
original confinement case, the new case will remain in its division.
(b) Assignment of Juvenile Matters and Related Cases. Except as provided
in subsection (1) below, the Clerk of Court must assign juvenile matters to the District
Judges within each division by automated random selection and in a manner so that
neither the Clerk nor any parties or their attorneys will be able to make a deliberate
choice of a particular Judge. The cases so assigned will remain with the Judge to whom
assigned unless otherwise ordered by the Court.
(1) Upon filing an indictment against an adult or an information against
a juvenile(s) for conduct that arises from substantially the same event as a case already
pending against a juvenile or an adult, the United States Attorney must file a Notice of
Related Case in all affected cases. The judicial officer to whom the lowest numbered
case is assigned will make a determination as to reassignment of these cases based on the
factors set forth in LRCiv 42.1(a) and (d) and, if appropriate, direct the Clerk to reassign
the cases accordingly.
(2) If there are multiple juveniles charged with conduct that arises from
substantially the same event, the United States Attorney must file a Notice of Related
Case with each juvenile information. The judicial officer to whom the lowest numbered
case is assigned will make a determination as to reassignment of these cases based on the
factors set forth in LRCiv 42.1(a) and (d) and, if appropriate, direct the Clerk to reassign
the cases accordingly.
(3) If the government moves to transfer a juvenile to adult status and the
motion to transfer is granted, the Clerk of Court must reassign the case and any related
cases by automated random selection to one District Judge upon return of an indictment
by the grand jury.
(c) Assignment of Misdemeanor Cases. All misdemeanor cases filed by
indictment, complaint, or information must be assigned to a Magistrate Judge who will
proceed in accordance with 18 U.S.C. § 3401 and Rule 58 of the Federal Rules of
Criminal Procedure. Class A misdemeanor cases filed by indictment or information must
be assigned to a Magistrate Judge by automated random selection, with the exception of
cases brought before the Magistrate Judges sitting in Flagstaff and in Yuma, which must
be directly assigned such cases. In the Phoenix Division, Class B and C misdemeanors
must be assigned to the Magistrate Judge who signed the complaint. In the Tucson
Division, misdemeanors initiated by complaint must be assigned to the Magistrate Judge
who signed the complaint but may be heard by any Magistrate Judge designated to try
misdemeanors. Any Magistrate Judge may act in the absence or unavailability of the
assigned Magistrate Judge. In the case of a Class A misdemeanor, if the defendant does
not waive trial, judgment, and sentencing before a District Judge of the District Court and
does not consent to those proceedings before the Magistrate Judge, the case will be
promptly referred to the Clerk of Court for assignment to a District Judge and the
defendant will be directed to appear before the assigned District Judge.
(d) Temporary Reassignment of Cases. With regard to temporary
reassignment of cases above, see Rule 3.7(g) of the Local Rules of Civil Procedure.
(e) Cases Refiled After Dismissal. With regard to cases refiled after
dismissal, see Rule 3.7(a)(2) of the Local Rules of Civil Procedure.
(f) Voluntary Judicial Reassignment of Cases. With regard to voluntary
judicial reassignment of cases, see Rule 42.1(e) of the Local Rules of Civil Procedure.
(g) Assignment of Judge to Changes of Plea Hearings. All changes of plea
are automatically referred to an available United States Magistrate Judge who shall,
provided that the defendant and government consent in writing, thereafter conduct plea
proceedings and make findings and recommendations pursuant to Rule 11, Federal Rules
of Criminal Procedure.
