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LCrR 57.2 Review of Order of Magistrate Judge

    A motion for review of a release or detention order as provided in 18 U.S.C. ยง 3145 (a) and (b) entered by a magistrate judge in a preliminary criminal proceeding which has not been assigned to a district judge shall be heard and decided by the district judge who was the presiding judge on the date the magistrate judge's order was entered. If that judge is not available, the motion will be heard and decided by a district judge selected by random method. If the judge selected is not available, the motion will be heard and decided by the district judge who was the presiding judge on the date the motion was filed.

Comment: As an example of a matter covered by LCrR 57.2, an appeal of a magistrate judge's bond order is properly before the judge who was presiding judge on the date the bond order was entered if the case has not been assigned to a district judge.

Pursuant to LR 77.2(c), if the district judge who was the presiding judge on the date the motion was filed is not available, and no arrangements have been made for another judge to act as presiding judge, the Clerk's Office will contact judges, beginning with the most senior district judge in active service in Detroit until an available judge is found to act as presiding judge.

July 01, 2001


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