(a) through (j) [Reserved]
(k) Detention Order Review Protocol
18 USC § 3145 (a) & (b) provide that parties may obtain prompt review by a District Judge of a
Magistrate Judge’s detention or release order.
(1) Once the Magistrate Judge has conducted a bail hearing pursuant to 18 USC § 3142 and has advised
the parties, either orally or in writing, of his/her decision, any party seeking review of the detention
or release order shall immediately notify the Magistrate Judge and opposing counsel. In those
instances in which a stay of the Magistrate Judge’s decision is desired, the motion for a stay shall be
filed with the Magistrate Judge pending review by a District Judge.
(2) The Magistrate Judge shall then have the discretion to enter an order staying his/her detention or
release decision pending review by a District Judge. Notwithstanding the entry of a stay order, the
Magistrate Judge shall retain jurisdiction over the detention or release matter until the hearing before
the District Judge occurs.
(3) The party seeking review shall promptly docket with the Clerk a motion for review noting a date and
time for review of the detention or release order before the assigned District Judge. If the case is not
yet assigned to a District Judge, or if the assigned District Judge is unavailable, the motion for review
shall be noted for hearing by the Chief Judge or the Chief Judge’s designee. The party seeking
review shall promptly notify the Magistrate Judge and opposing counsel of the date and time for
review.
