(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 th e 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.
