IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
IN THE MATTER OF GENERAL RULES
FOR THE ASSIGNMENT OF CASES TO JUDGES ORDER
BY THE CLERK'S OFFICE
The clerk of court is hereby directed to implement a case assignment system for the court
pursuant to the guidelines in this order.
1. Except as otherwise provided in this order, random selection will control the
assignment of cases. The clerk of court wiII establish separate random assignment
decks for the following case types: criminal, pro se civil, patent, social security,
counseled civil rights, non-magistrate judge, and other civil. For purposes of case
assignment, pro se cases include any case in which one ot more plaintiffs are not
represented by counsel. Non-magistrate judge cases include bankruptcy appeals,
federal collection and foreclosure actions, and petitions for writ of habeas corpus
pursuant to 28 U.S.C. § 2241 or 2254. The percentage of cases assigned to each
judge within each category will be set by the chief judge and may be changed by
the chief judge at any time.
2. Any new case that is related to an earlier filed case should be assigned in non-
random fashion to the judge who received the earlier case. The civil case
information sheet or criminal cover sheet should be of assistance to the clerk of
court in identifying related cases. In addition, the personnel in the clerk's office
are expected to attempt to identify related cases based on their own understanding
of pending litigation.
3. All cases filed by the same individual within five years of a prior filing should be
assigned to the judge who received the first such case. All criminal cases against
an individual defendant should be assigned to the same judge who received the first
such case. All motions brought pursuant to 28 U.S.C. § 2255 should be assigned
to the sentencing judge.
4. All cases, whether appeals or otherwise, arising out of the same or related
bankruptcy matters should be assigned to the judge who received the first such case.
The clerk of court may seek assistance from the bankruptcy court in identifying
matters arising out of the same or related bankruptcy cases.
5. In the event of a recusal, the clerk of court will reassign the case in accordance with
assignment percentages set by the chief judge. Cases that a.re assigned in a fifty-
fifty spilt will be automatically reassigned to the non-recusing judge. In some
circumstances the clerk of court will know at the time of case filing that recusal will
be necessary if a particular judge should receive that case, as for example, when a
judge owns stock in a company involved in the case. In such circumstances the
clerk of court shall reassign the case without express recusal by that judge.
6. Whenever a case is assigned to a magistrate judge and written consent of all parties
is not obtained per 28 U.S.C. § 636, the clerk of court will assign the case in
accordance with assignment percentages set by the chief judge.
7. Whenever the clerk of court assigns a case to a judge other than as a result of the
random selection process, a notation should be placed on the docket sheet that the
assignment was made in non-random fashion.
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8. If a deputy clerk is uncertain about the application of this order to an assignment,
the deputy clerk should seek the advice of the clerk of court or chief deputy clerk.
If the clerk of court or chief deputy clerk thinks that this order is ambiguous as
applied to the assignment of a case, the chief judge should be consulted.
9. Any party who questions the assignment of a case should first inquire of the clerk
of court or chief deputy clerk concerning the method that was used in assigning that
case. Thereafter a motion may be filed with the judge to whom the case is assigned
challenging the case assignment as having been made in a manner inconsistent with
this order. The court may at any time direct that any case or cases be reassigned to
a different judge.
10. This order vacates the order of October 19, 2015 on the subject of general rules for
the assignment of cases to judges .
. ;sr-
Entered tills __ day of May, 2018.
BY THE COURT:
JASO. PETERSON
Chief Judge
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