FILED
2018 MAY 09 AM 10:03
IN THE UNITED STATES DISTRICT COURT CLERK
FOR THE DISTRICT OF UTAH U.S. DISTRICT COURT
THIRD AMENDED
IN RE:
GENERAL ORDER
ESTABLISHMENT OF SOUTHERN
(May 9, 2018)
REGION OF CENTRAL DIVISION
No. 18-01
Background. The Court has two divisions established by statute. The statute also defines
locations of holding court for each division. 1
A Southern Region of the Central Division has become necessary to fulfill the Court’s
mission. Many factors compel this conclusion, including:
• the growing population of Southern Utah;
• the fact that Utah has only one full-service federal court location in Salt Lake City;
• the distance between Salt Lake City and Southern Utah areas;
• the District of Utah’s successful handling of bankruptcy, felony, and misdemeanor
cases in St. George for the past 22 years;
• the convenience of parties, witnesses, victims, defendants, and their families; and
• the convenience and cost savings for attorneys and staff; and
• the presence of many federal agencies in Southern Utah.
Establishment of the Southern Region. IT IS HEREBY ORDERED that the Southern
Region of the Central Division of the District of Utah with locations of holding court in St.
George and Salt Lake City is established effective March 1, 2018. The Clerk of Court shall
assign case numbers to civil and criminal cases arising in the Southern Region of the Central
Division based on the county in which the case arises.
Case Number Counties Current
Prefixes Locations of
Holding Court
1. Northern Box Elder, Cache, Davis, Morgan, Rich, and Salt Lake
Weber.
2. Central Carbon, Daggett, Duchesne, Juab, Salt Lake, Salt Lake
Summit, Tooele, Uintah, Utah, and Wasatch. St. George
4. Southern Beaver, Emery, Garfield, Grand, Iron, Kane, Salt Lake
Region Millard, Piute, San Juan, Sanpete, Sevier, St. George
Washington, and Wayne.
1
28 U.S.C. § 125.
1
IT IS FURTHER ORDERED that until local rules on these subjects are adopted, the
following procedures are established for cases in the Southern Region:
Motion to change location of holding court for civil cases in the Southern Region:
The location of holding court for civil cases in the Southern Region is presumptively St.
George. A party to a civil case assigned to the Southern Region who desires hearings to
be held in Salt Lake City may, after meeting and conferring with other counsel, file a
motion identifying the reasons for changing location. Hearings should proceed in the
location most convenient for disposition of the action. Video conferencing is available in
the Salt Lake City and St. George courthouses. A motion for change of location is not
governed by rules and case law for change of venue. A change of judge is not presumed
with a change of location for proceedings.
Motion to change location of holding court for criminal cases in the Southern
Region: Criminal cases are assigned a case number on the basis of the Place of Offense
as listed in the AO257 form “Defendant Information Relative to a Criminal Action,” but
the location of holding court for criminal cases in the Southern Region may be designated
in the “Comments” field of that form, and the location will be entered on the docket.
A defendant in a criminal case arising in the Southern Region who desires hearings to be
held in a different location may, after meeting and conferring with the prosecution, file a
motion identifying the reasons for change of location. Fed. R. Crim. P. 18 provides, “The
court must set the place of trial within the district with due regard for the convenience of
the defendant, any victim, and the witnesses, and the prompt administration of justice.”
Considerations such as resources of counsel, investigating agencies, and court facilities
and security may be appropriate. Video conferencing is available in the Salt Lake City
and St. George courthouses. Change of location is not governed by rules and case law for
change of venue. A change of judge is not presumed with a change of location for
proceedings.
Judge assignment in the Southern Region cases: Until a district judge is based in St.
George, a district judge based in Salt Lake City will be assigned to cases in the Southern
Region. To minimize travel expense, to ensure proceedings are actually held in St.
George, to provide centralized management for cases in the Southern Region, and to
satisfy the factors identified above in this Order, random assignment under DUCivR 83-2
is not used in the Southern Region.
Currently, all criminal cases in the Southern Region with St. George designated as the
location of holding court are assigned to District Judge Ted Stewart. Criminal cases in the
Southern Region with Salt Lake City designated as the location of holding court are
assigned to Chief District Judge David Nuffer. After December 31, 2018, all criminal
cases in the Southern Region will be assigned to Judge Nuffer.
All Southern Region civil cases are assigned to Chief District Judge David Nuffer, except
that:
a. until May 2019, appeals from decisions of administrative law judges
regarding Social Security benefits shall be assigned, subject to the parties’
consent, to Magistrate Judge Dustin Pead; and
2
b. cases arising under 28 U.S.C. § 2555 shall be assigned to the presiding
judge in the criminal matter.
In the event that Judge Nuffer recuses or a party sends a Request for Change of Judge (as
provided in the next paragraph), the case shall be reassigned to District Judge Dee
Benson, or if he is unable to take the reassignment, the case shall be reassigned to District
Judge Ted Stewart. Generally, proceedings in a case will be held in the location of
holding court designated for that case.
Change of district judge in Southern Region cases: Any party may change the
assigned district judge for a case in the Southern Region by sending a Request for
Change of Judge to
[email protected]. The request must be made within 28 days
after the first defendant’s appearance but cannot be made after a scheduling order has
been entered in a civil case. The request shall not specify any reason for the change of
judge, shall not be filed on the docket, and shall not be served on other parties. The
assigned district judge shall not be notified which party sent the request. If a timely
request is received, the clerk shall reassign the case as provided in this Order. Only one
change of judge in an action is allowed under this procedure, though other means of
challenging an assigned judge are available. 2
Cases filed before March 1, 2018, that arose in the Southern Region area: Any party
to a case filed before March 1, 2018, which after that date would have been assigned to
the Southern Region, may move for change of location of holding court to St. George. If
the motion is granted, the case will be reassigned to the judge who handles that type of
case in the Southern Region, unless otherwise directed by the court. The judge currently
presiding in the case shall determine the motion.
It is SO ORDERED this 9th day of May. 2018.
BY THE COURT:
______________________________
DAVID NUFFER,
Chief United States District Judge
2
DUCivR83-2; 28 USC § 144; 28 USC § 455.
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