TITLE IV - ASSIGNMENT RULES

RULE 401

ASSIGNMENT SYSTEM

(a) CASES TO BE ASSIGNED TO A SINGLE JUDGE.

Unless otherwise provided in these Rules, each civil and criminal case shall be assigned to a single judge in the manner provided herein.

(b) CALENDAR COMMITTEE.

The assignment of cases to judges of this Court shall be performed by the Clerk under the direction of the Calendar Committee. The Calendar Committee shall be composed of three active judges appointed by the Chief Judge for one-year terms. No judge shall be required to serve more than two successive one-year terms. All matters dealing with the assignment of cases, including but not limited to any efforts to restrain or avoid the enforcement or application of rules under this Title shall be referred to the Chairman of the Calendar Committee for resolution by the Committee.

(c) EMERGENCY JUDGE.

A judge of this Court will be available, in accordance with a schedule of assignments announced from time to time by the Chief Judge, to hear emergency civil or criminal matters on all legal holidays and weekends. The emergency judge's assignment starts at 4:30 p.m. on the day preceding the weekend and ends at 9:00 a.m. the next business day. The judge designated for emergency assignments will not be present in the Courthouse but will be reasonably available, on call, in the area.

(d) NOTICE OF TRANSFERS AND REASSIGNMENTS.

All case transfers and reassignments shall be accompanied by formal notice to the Chairman of the Calendar Committee and to the Clerk's Office Liaison. The Clerk will notify each of the judges involved and all counsel in the case of the reassignment.

COMMENT TO RULE 401: This Rule incorporates the provisions of former Rules 3-3(a), 3-1, and 1-2(b) without substantive change. References to "calendaring" of cases have been deleted. That term originated prior to the adoption of the single judge assignment system 15 years ago, and no longer describes the matters governed by these Rules.

RULE 402

CLASSES OF CASES

(a) CLASSIFICATION.

In order to assure a more even distribution of each type of case among the judges of this Court, each civil and criminal case will be classified for assignment purposes in accordance with a set of categories established by the Court on the recommendation of the Calendar Committee.

(b) DESIGNATION AT TIME OF FILING.

Upon filing the complaint in a civil action, the attorney for the plaintiff shall note the proper classification of the case on a form provided by the Clerk. In criminal cases the United States Attorney shall, at the time of the return of an indictment, note the proper classification of the case on a form provided by the Clerk.

COMMENT TO RULE 402: Same as former Rule 3-2.

RULE 403

MANNER OF ASSIGNMENT

(a) RANDOM ASSIGNMENT.

Except as otherwise provided by these Rules, civil, criminal and miscellaneous cases shall be assigned to judges of this Court selected at random in the following manner:

  1. The Clerk shall create a separate assignment deck in the automated system for each subclassification of civil and criminal cases established by the Court pursuant to Rule 402 of these Rules and a separate deck for miscellaneous cases1. The decks will be created by the Liaison to the Calendar Committee or the Liaison's backup and access to this function shall be restricted to these individuals to protect the integrity and confidentiality of the random assignment of cases. The Calendar Committee will, from time to time determine and indicate by order the frequency with which each judge's name shall appear in each designated deck, to effectuate an even distribution of cases among the active judges.

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    1 For the purpose of this Rule, miscellaneous cases that will be randomly assigned will include, but not be limited to, these proceedings: (a) actions to perpetuate testimony as in Rule 27, Federal Rules of Civil Procedure; (b) actions to enforce administrative subpoenas and summonses; (c) proceedings ancillary to an action pending in another district; (d) supplementary proceedings brought in aid of execution; (e) motions for return of property in criminal proceedings; and (f) requests for judicial assistance. Grand Jury Miscellaneous cases will continue to be assigned to the Chief Judge and Pen Register Applications will continue to be assigned to magistrate judges.

  2. At the time a civil complaint is filed or an indictment or information is returned in a criminal case, the case shall be assigned to the judge whose name appears on the screen when the appropriate deck is selected. The Clerk shall also stamp on the indictment, information, complaint or other initial pleading of each case, and on the file jacket, the number of the case and the name of the judge to whom it is assigned. The numbering and assignment of each case shall be completed before processing of the next case is begun. Notwithstanding the foregoing, a civil case, requiring an emergency hearing, which is filed after normal business hours, shall not be assigned to a judge until the next business day.

(b) THREE-JUDGE COURT CASES.

Civil cases requested or required to be heard by a Three-Judge Court shall be assigned to a District Court judge, excluding the Chief Judge.

(c) WIRETAP ORDER APPLICATIONS.

Applications by the United States Attorney for orders authorizing interception of wire or oral communications shall be assigned in rotation by seniority among the active judges, excluding the Chief Judge.

(d) BANKRUPTCY MATTERS.

Bankruptcy matters requiring the attention of a District Judge shall be submitted to the Motions Judge, except as otherwise provided in Rule 602(f) and except that appeals from a Bankruptcy Judge's decisions and cases requiring a jury trial shall be randomly assigned.

(e) PRISONER PETITIONS.

Petitions for a writ of habeas corpus and complaints filed pursuant to 42 U.S.C. § 1983 filed by a petitioner incarcerated in the District of Columbia or in Lorton Reformatory shall be randomly assigned, except that related petitions from the same petitioner may be assigned to the judge who received the initial petition after consultation with that judge. Motions filed under 28 U.S.C. § 2255 shall, if possible, be assigned to the sentencing judge.

(f) ASSIGNMENT TO VISITING AND SENIOR JUDGES.

Cases may be assigned to visiting and senior judges in accordance with procedures adopted from time to time by the Calendar Committee.

(g) SPECIAL ASSIGNMENT BY THE CHIEF JUDGE.

If the Chief Judge determines at the time an indictment is returned that the case will be protracted and that the expeditious and efficient disposition of the Court's business requires assignment of the case on a non-random basis, the Chief Judge may specially assign that case to any active judge or to any senior judge who consents. If the fact that a criminal ease will be protracted is brought to the attention of the Chief Judge at any subsequent stage of the proceedings, the Chief Judge may determine whether the case shall remain with the judge to whom it is assigned or whether it shall be reassigned.

(h) PROCEEDINGS AFTER ASSIGNMENT.

All proceedings in a case after its assignment shall be conducted by the judge to whom the case is assigned, except as otherwise provided in these Rules. A judge who declares a mistrial shall retain the case for subsequent proceedings including, where appropriate, retrial.

COMMENT TO RULE 403: To ensure an even distribution of cases filed on the miscellaneous docket these cases will now be randomly assigned to a judge of this Court at the time of filing. The assigned judge will maintain jurisdiction of the miscellaneous case for all purposes. The assignment of miscellaneous cases does not affect the duties of the Motions Judge as specified in Local Rule 408.

RULE 404

SUSPENSION OF NEW ASSIGNMENTS

A judge shall be relieved by the Calendar Committee from any new assignment of indictments and civil cases accompanied by motions for temporary restraining orders and preliminary injunctions or civil cases in which an intention to file a motion for a preliminary injunction is expressed, upon notification by the judge or the Chief Judge to the Committee that the judge: (1) has continued in a protracted trial or hearing for 10 consecutive trial days;1 (2) is confined to a hospital; (3) is confined at home due to illness for seven days; (4) has had a death in the judge's immediate family; or (5) is performing judicial duties out of this jurisdiction pursuant to assignment. New cases shall be assigned to the judge in accordance with normal procedures upon the conclusion of any such condition.

Whenever a judge begins what is expected to be an unusually protracted criminal trial (one lasting four weeks or more) he or she may refer to the Calendar Committee for routine reassignment such other criminal cases assigned to such judge as the judge was unable to dispose of prior thereto and which are expected to require disposition pursuant to the Speedy Trial Act within the time period of the unusually protracted trial.

COMMENT TO RULE 404: This Rule combines former Rules 3-3(d) and (e) without change.

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1 If a judge, after suspension based upon 10 consecutive days in a trial or hearing, thereafter devotes an occasional day to other court business, that judge shall not by virtue thereof be reinstated in the complete draw.

RULE 405

RELATED CASES

(a) DEFINITION.

A related case for the purpose of this Rule means as follows:

  1. Criminal cases are deemed related when (i) a superseding indictment has been filed, or (ii) more than one indictment is filed or pending against the same defendant or defendants, or (iii) prosecution against different defendants arises from a common wiretap, search warrant, or activities which are a part of the same alleged criminal event or transaction. A case is considered pending until a defendant has been sentenced.
  2. If a civil forfeiture proceeding is filed concerning a criminal defendant, or a defendant is charged in a criminal case while a civil forfeiture proceeding is pending concerning that defendant, the civil and criminal cases are to be deemed related.
  3. Civil cases are deemed related when the earliest is still pending on the merits in the District Court and they (i) relate to common property, or (ii) involve common issues of fact, or (iii) grow out of the same event or transaction or (iv) involve the validity or infringement of the same patent. Notwithstanding the foregoing, a case filed by a pro se litigant with a prior case pending shall be deemed related and assigned to the judge having the earliest case. However, if a judge in the interest of judicial economy, consolidates a significant number of similar pro se prisoner complaints, or has a single case with a significant number of pro se prisoner plaintiffs, and any of those prisoners later files a new complaint which is unrelated to the subject matter of the consolidated cases or the multiple plaintiffs' case, the judge who receives the new case as related may, if he or she chooses, refer the new case to the Calendar Committee for random assignment.
  4. Additionally, cases whether criminal or civil shall be deemed related where a case is dismissed, with prejudice or without, and a second case is filed involving the same parties and relating to the same subject matter.

(b) NOTIFICATION OF RELATED CASES.

The parties shall notify the Clerk of the existence of related cases as follows:

  1. At the time of returning an indictment the United States Attorney shall indicate, on a form to be provided by the Clerk, the name, docket number and relationship of any related case pending in this Court or in any other United States District Court. The form shall be mailed to all defense counsel along with the notification of the arraignment. Any objection by the defendant to the related case designation shall be served on the U.S. Attorney and filed with the Clerk within 10 days after arraignment.
  2. At the time of filing any civil action, the plaintiff or his attorney shall indicate, on a form to be provided by the Clerk, the name, docket number and relationship of any related case pending in this Court or in any other United States Court. The plaintiff shall serve this form on the defendant with the complaint. Any objection by the defendant to the related case designation shall be filed and served with the defendant's first responsive pleading or motion.
  3. Whenever an attorney for a party in a civil or criminal action becomes aware of the existence of a related case or cases, the attorney shall immediately notify, in writing, the judges on whose calendars the cases appear and shall serve such notice on counsel for all other parties. Upon receiving information from any source concerning a relationship between pending cases, the Clerk shall transmit that information in writing to the judges on whose calendars the cases appear and to all parties to the proceeding.

(c) ASSIGNMENT OF RELATED CASES.

Related cases noted at or after the time of filing shall be assigned in the following manner:

  1. Where the existence of a related case in this Court is noted at the time the indictment is returned or the complaint is filed, the Clerk shall assign the new case to the judge to whom the oldest related case is assigned. If a judge who is assigned a case under this procedure determines that the cases in question are not related, the judge may transfer the new case to the Calendar Committee. If the Calendar Committee finds that good cause exists for the transfer, it shall cause the case to be reassigned at random. If the Calendar Committee finds that good cause for the transfer does not exist, it may return the case to the transferring judge.
  2. Where the existence of related cases in this Court is revealed after the cases are assigned, the judge having the later- numbered case may transfer that case to the Calendar Committee for reassignment to the judge having the earlier case. If the Calendar Committee finds that good cause exists for the transfer, it shall assign the case to the judge having the earlier case. If the Calendar Committee finds that good cause for the transfer does not exist, it may return the case to the transferring judge.
  3. Where a party objects to a designation that cases are related pursuant to subparagraphs (b)(1) or (b)(2) of this Rule, the matter shall be determined by the judge to whom the case is assigned. Any party may appeal to the Calendar Committee from the trial judge's decision by filing an appropriate motion with the Clerk within three days after notification of the judge's decision. The Calendar Committee in its discretion may grant a hearing or decide the appeal on the papers. The decision of the Calendar Committee shall be final.

(d) MOTIONS TO CONSOLIDATE.

Motions to consolidate cases assigned to different judges of this Court shall be heard and determined by the judge to whom the earlier-numbered case is assigned. If the motion is granted, the later-numbered case shall be reassigned in accordance with section (c) of this Rule.

(e) REFERRALS TO A SINGLE JUDGE BY THE CALENDAR COMMITTEE.

Upon a finding by the Calendar Committee that two or more cases assigned to different judges should be referred for a specific purpose to one judge in order to avoid a duplication of judicial effort, the Calendar Committee may enter such an order of referral. The order shall be with the consent of the judge to whom the cases will be referred and shall set forth the scope of authority of said judge. Unless otherwise provided, such an order shall not transfer any cases nor affect the assignment of future cases.

COMMENT TO RULE 405: The provisions of former Rule 3-4, and of former Rule 3-3(h) which also applies to related cases, has been carried forward without change in substance.

RULE 406

OTHER TRANSFERS AND REASSIGNMENTS

(a) TRANSFERS BY CONSENT.

A judge, upon written advice to the Calendar Committee, may transfer directly all or part of any case on the judge's docket to any consenting judge

(b) DEATH, RETIREMENT, APPOINTMENT OF NEW JUDGES, ETC.

When reassignments are necessitated by the death, retirement, resignation or incapacity of any judge or by the appointment of a new judge, or by any other circumstances, the Calendar Committee shall determine and indicate by order the method by which such reassignments shall be made.

(c) REASSIGNMENT OF CRIMINAL CASES.

If the Calendar Committee, giving due consideration to Rule 306 of these Rules, determines in its discretion that the interests of justice require the transfer of any criminal case from one judge to another, it may reassign the case.

(d) CALENDAR COMMITTEE CALENDAR.

Any criminal case in which the only defendant is a fugitive or is mentally incompetent to stand trial shall be assigned to the Calendar Committee by the judge upon whose calendar it appears after the case has been pending for 90 days or more. In cases involving two or more defendants, in the event that one or more are fugitives or are mentally incompetent to stand trial, the case may go to trial as to those defendants who are not fugitives and are not mentally incompetent to stand trial. Upon the entry of a final judgment as to such defendants, the case shall be assigned to the Calendar Committee for further action as to those defendants who are fugitives or mentally incompetent to stand trial. Additionally, the case of any criminal defendant who becomes a fugitive subsequent to a guilty plea but prior to sentencing shall be assigned to the Calendar Committee by the judge upon whose calendar the case had appeared after such a fugitive has been an absconder for 90 days or more. The Calendar Committee may assign one or more judges for the purpose of making a periodic call of such cases. The judge or judges so assigned shall from time to time consult with the United States Attorney to ascertain whether dismissals of particular criminal actions or civil commitment of defendants incompetent to stand trial shall be deemed advisable. If the reasons which made a case untriable cease to exist, the case shall be reassigned for trial to the transferring judge.

(e) TRANSFERS NOT PROVIDED FOR BY OTHER RULES.

If a case is transferred to the Calendar Committee for any reason not otherwise provided for in this title, and the Calendar Committee approves the transfer, it shall cause the case to be reassigned by random lot or otherwise as these Rules provide.

COMMENT TO RULE 406: Same as former Rule 3-5, except that subparagraphs have been reordered for clarity and paragraph (a) has been modified to reflect current practice.

RULE 407

DUTIES OF THE CHIEF JUDGE

In addition to the trial of such cases as he may undertake and other duties provided by these Rules, the Chief Judge shall:

  1. preside at the assignment of criminal cases;
  2. hear and determine requests for excuse from service on grand and petit juries;
  3. empanel the grand jury and hear and determine all matters relating to proceedings before the grand jury;
  4. receive indictments from the grand jury;
  5. consider applications for allowance under the Criminal Justice Act in a case not already assigned;
  6. dispose of matters requiring immediate action in criminal cases already assigned to any judge of the Court if that judge is unavailable or otherwise unable to hear the matters;
  7. hear and determine requests for review of rulings by magistrate judges in criminal cases not already assigned to a judge of the Court; and
  8. take such other administrative actions, after consultation with appropriate committees of the Court, as in his judgment are necessary to assure the just, speedy and inexpensive determination of cases, and are not inconsistent with these Rules.

The Chief Judge may, from time to time, reassign any of the foregoing duties to an active judge for a reasonable period.

COMMENT TO RULE 407: Same as former Rule 3-6, except that a new paragraph (8) has been added to affirm the power of the Chief Judge to take other appropriate administrative actions not inconsistent with the Rules.

RULE 408

MOTIONS JUDGE

(a) ASSIGNMENT BY ROTATION.

The active judges of this Court except the Chief Judge shall be assigned in rotation according to seniority to serve one month as Motions Judge. Part or all of the Motions Judge assignment may be discharged by a volunteer senior judge designated by the Chief Judge.

(b) MATTERS HEARD BY MOTIONS JUDGE.

The Motions Judge shall hear and determine the following matters:

  1. Any petition, application or other proceeding of a civil nature which is not assigned to a judge of this Court;
  2. Matters requiring action by a District Court Judge in bankruptcy cases, except that appeals from decisions of the Bankruptcy Judge shall be randomly assigned;
  3. Matters requiring immediate action in civil cases already assigned to a judge of the Court, if that judge is absent or indicates that he or she is unavailable or otherwise unable to hear the matter;
  4. Naturalization proceedings; and
  5. Proceedings for admissions to the bar of this Court.

(c) EXTENDED PROCEEDINGS IN MATTERS ASSIGNED TO THE MOTIONS JUDGE.

A judge who first takes a matter described in paragraph (b)(1) of this Rule may decide to retain all further proceedings in the same matter, and in this event the judge shall promptly so advise the Calendar Committee. If the judge determines at the outset that the matter appears to require a substantial investment of judicial time and the judge decides not to retain it for all further proceedings, the judge shall promptly so advise the Calendar Committee for reassignment by lot.

COMMENT TO RULE 408: Same as former Rule 3-7.

RULE 409

SANCTIONS IMPOSED

(a) COURT OFFICERS AND EMPLOYEES.

No officer or employee of the Court may reveal to any other person, other than members of the Calendar Committee, the procedures for creating decks in the automated system or any list that may show the composition of any deck. No Court officer or employee may number or assign any case other than in the manner provided in these Rules or in the manner ordered by the Calendar Committee. An officer or employee who violates this provision shall be subject to discharge from service.

(b) THIRD PARTIES.

No person shall directly or indirectly cause, or procure, or attempt to cause or procure, a Court officer or employee to reveal to any person, other than the members of the Calendar Committee, the sequence of the judges names within each block of assignment cards, or to number or assign any case otherwise than herein provided or as ordered by the Calendar Committee. A violation of this Rule may be punished as a contempt of Court.

COMMENT TO RULE 409: Same as former Rule 3-3(f).

RULE 410

COMPLAINTS AGAINST JUDGES

The Judicial Conduct and Disability Act of 1980, 28 U.S.C. § 372(c), authorizes that 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" may be submitted to a judicial committee for review.

Written complaints may be filed with the Clerk of the United States Court of Appeals for the District of Columbia Circuit, 333 Constitution Avenue, N.W., Room 5409, Washington, D.C. 20001

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3/15/96
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