(a) Petty Offenses and Misdemeanors.
(1) As authorized by subsection (d) of Fed. R. Crim. P. 58, the offenses named in the
Schedule of Offenses designated by the Court may be disposed of by payment of
the fixed sum provided in the schedule in lieu of a personal appearance before a
Magistrate Judge. The proceeding shall be terminated on receipt of payment by the
Central Violations Bureau.
(2) In all other offense proceedings, unless otherwise authorized in a specific case by
the Magistrate Judge to whom the case has been assigned, or pursuant to Fed. R.
Crim. P. 43(c), the defendant must personally appear before the Magistrate Judge for
disposition of the charges or for other proceedings directed by law.
(3) The Magistrate Judge may direct the Probation Office of the Court to conduct a pre-
sentence investigation and report in accordance with 18 U.S.C. § 3401(c).
(4) Each Magistrate Judge is specifically designated to conduct trial and sentencing in
misdemeanor cases as defined in 18 U.S.C. § 3401.
(b) Central Violations Bureau. The Clerk of Court shall maintain a Central Violations
Bureau. The Bureau shall keep a record of violation notices transmitted by enforcement
agencies, a record of all payments made pursuant to Local Criminal Rule 58(a) and shall
give appearance notices to those violators whose offenses are not disposed of under a
Schedule of Offenses as provided in Local Criminal Rule 58(a). The Bureau shall transmit
to the Magistrate Judges notices for personal appearance and shall maintain other records
needed to effect the prompt disposition of petty offenses.
APPENDIX
NOTICE REGARDING COMPLAINTS OF
JUDICIAL MISCONDUCT OR DISABILITY
To improve the administration of justice in the federal courts, Congress passed the Judicial
Conduct and Disability Act of 1980, codified at 28 U.S.C. § 372 (c). The law authorizes complaints
against United States Circuit, District, Bankruptcy, and Magistrate Judges who have “engaged in
conduct prejudicial to the effective and expeditious administration of the business of the courts” or
who are “unable to discharge all the duties of office by reason of mental or physical disability.” The
conduct to which the law is addressed does not include making wrong judicial decisions, for the law
provides that a complaint may be dismissed if it is “directly related to the merits of a decision or
procedural ruling.”
The Judicial Council of the Fifth Circuit has adopted Rules Governing Complaints of Judicial
Misconduct or Disability. These rules apply to Judges of the United States Court of Appeals for
the Fifth Circuit and to the District, Bankruptcy, and Magistrate Judges of federal courts within the
Fifth Circuit. The Fifth Circuit includes the states of Texas, Louisiana, and Mississippi. These Rules
may be obtained from, and written complaints filed at, the following office:
Clerk
United States Court of Appeal
for the Fifth Circuit
600 Camp Street, Room 102
New Orleans, LA 70130
