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LR 77.2 Presiding Judge

(a)   Presiding Judge Calendar (Detroit). The presiding judge calendar is compiled by the Chief Judge and is based on the availability of each district judge (including senior judges who consent) in Detroit. The presiding judge normally acts for designated one-week periods. The identity of the presiding judge may not be disclosed before Monday at 8:30 a.m.

(b)   Role of Presiding Judge. The presiding judge may act in the absence or unavailability of the assigned judge. Since judges often make specific arrangements with other judges to act if they are absent or unavailable, counsel or a person without counsel should always contact the chambers of the assigned judge. If it appears that no such arrangements have been made, counsel or a person without counsel may contact the presiding judge. The first presiding judge to act for the assigned judge concerning any case or matter will hear all other issues arising in the case or matter in the absence or unavailability of the assigned judge. Unless other arrangements have been made, the presiding judge normally presides over naturalization ceremonies.

(c)   Judge Absent or Unavailable. The presiding judge will be present in the courthouse during business hours through the week assigned as presiding judge. If the presiding judge is absent or unavailable, counsel or a person without counsel should contact the clerk’s office to determine if arrangements have been made for another judge to act as presiding judge. If it appears that no such arrangements have been made, the clerk’s office will contact judges, beginning with the most senior district judge in Detroit (including senior judges who consent), until an available judge is found to act as presiding judge.

(d)   Ann Arbor and Port Huron. The presiding judge in Detroit acts as presiding judge for the Ann Arbor and Port Huron court locations.

(e)   Bay City. In Bay City, the presiding judge is the resident district judge at that court location. If that judge is not available, the matter will be referred by the Clerk’s Office to the presiding judge in Detroit.

(f)   Flint. In Flint, the presiding judge is the resident district judge at that court location. If that judge is not available, the matter will be referred by the Clerk’s Office to the presiding judge in Detroit.

COMMENT: The role of presiding judge when an appeal of a magistrate judge’s decision in a preliminary criminal proceeding which has not been assigned to a district judge is defined in LCrR 57.2. The role of presiding judge in determining whether exigent circumstances exist in proceedings commenced by attachment and garnishment and actions in rem is defined in LR B.1.

The designated period referred to in LR 77.2(a) begins at 8:30 a.m. on Monday and ends at 8:30 a.m. on the following Monday.

March 1, 2010


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