LCrR 57.10: Assignment and Reassignment of Criminal Cases to Judges
(1) In Ann Arbor, Detroit and Port Huron, the Clerk shall employ a random method for the assignment of criminal cases to Judges.
(2) In Flint, the Clerk shall assign criminal cases to the Judge regularly holding court in Flint.
(3) In Bay City, the Clerk shall assign criminal cases to the Judge regularly holding court in Bay City.
(4) Assignment of criminal cases to the Chief Judge, to senior Judges, and, in cases of emergency to Judges in active service, shall be as provided by administrative order authorized by the Court.
(b) Reassignment of Criminal Cases.
(1) Cases shall be reassigned only by order of the Court.
(2) To promote docket efficiency, or to conform to the requirement of any case management plan adopted by the Court, or upon consent of the parties, or after notice and hearing, or in the interests of justice, the Chief Judge may order a criminal case to be reassigned, but only with the consent of the Judge to whom the case was originally assigned and with the consent of the Judge to whom it is to be reassigned.
(3) Reassignment of cases because of a change in judicial personnel shall be in accordance with an administrative order authorized by the Court.
(A) Companion cases are those cases in which it appears that:
(i) substantially similar evidence will be offered at trial, or
(ii) the same or related parties are present, and the cases arise out of the same transaction or occurrence. Cases may be companion cases even though one of them may have already been terminated.
(B) Counsel, including the United States Attorney, or a party without counsel shall be responsible for bringing such cases to the attention of the Court by responding to the questions included on the criminal case cover sheet.
(C) When it becomes apparent to the Judge to whom a case is assigned and to a Judge having an earlier case number that two cases are companion cases, upon consent of the Judge having the earlier case number, the Judge shall sign an order reassigning the case to the Judge having the earlier case number.
(5) Matters arising from a criminal case assigned to a judge who no longer receives any criminal cases because of death or retirement will be reassigned under LCrR 57.10(a). If a matter is reassigned under this subrule, matters arising in cases of co-defendants in multi-defendant cases will be reassigned to the judge to whom the first matter was reassigned.
(c) Disqualification of Judge.
(1) In Ann Arbor, Detroit and Port Huron, when a Judge to whom a criminal case is assigned is disqualified from hearing it, the Clerk shall reassign the case by random method.
(2) In Flint, when a Judge to whom a criminal case is assigned is disqualified from hearing it, the Clerk shall reassign the case in accordance with an administrative order authorized by the Court.
(3) In Bay City, when a Judge to whom a case is assigned is disqualified from hearing it, the Clerk shall reassign the case in accordance with an administrative order authorized by the Court.
(d) Superseding Indictments or Informations.
(1) A superseding indictment or information shall be assigned to the Judge to whom the superseded matter was assigned when:
(A) it merely corrects errors in names, dates and places, etc., or
(B) it is a follow-up to an indictment or information terminated on motion of the government, or
(C) it is a follow-up information involving different charges or added counts for purpose of a plea only, or
(D) it is a follow-up to an indictment or information embracing the same subject matter terminated by motion of the defendant or on the Court's motion, or
(E) it is a follow-up to an indictment or information embracing the same subject matter but containing additional defendants or charges.
(2) The United States Attorney shall attach a cover sheet in a form prescribed by the Clerk's Office to permit assignments according to this Rule.
(3) Superseding indictments and informations shall not be filed in closed cases or cases where the last defendant has pleaded guilty and is awaiting sentencing.
COMMENT: The "earlier case number" referred to in (b)(4)(C) will mean the earlier case filed as determined by date and time. (12/4/00)
December 1, 2022