CRIMINAL RULE - NO. 3
Assignment of Cases
New cases shall be randomly assigned by the Clerk of the District Court, except
for domestic violence cases, cases of capital, first degree and second degree
murder, and any special categories of misdemeanor and felony cases assigned to
specialty courts. All such new criminal cases (except those noted above) shall
be subject to assignment or re-assignment to one judge for purposes of
efficiency and consistency.
Any case, at any time, may be transferred between divisions of the criminal
court department by agreement of the assigned judges.
When two or more cases are filed (arrest warrants issued) against one defendant,
all cases involving the same defendant shall be assigned to the division with
the lowest-numbered case. When co-defendant cases are filed, all co-defendants
shall be assigned to the same judge which division has the lowest-numbered case
as determined by random assignment. Consolidation of co-defendant cases shall
take precedence over the assignment of multiple cases against one defendant to
one division or judge.
In the event a defendant is on probation or felony DUI post-imprisonment
supervision (i.e., “open cases”) from any case filed in this district court, any
new case(s) against this defendant shall be transferred to the division assigned
to the open case(s). If the defendant has more than one open case in different
divisions when any new case(s) is filed against this defendant, the new case(s)
shall be assigned to the division that has the lowest case number of the open
cases. Once a defendant has been sent to the Department of Corrections to serve
the sentence imposed or the defendant has completed his/her probation and been
released, any subsequently filed criminal case against such defendant shall be
Domestic violence cases shall be assigned to the District Court Judge who has
the responsibility for the Domestic Violence Docket, except for sexual abuse and
homicide cases which shall be randomly assigned.
Cases involving allegations of domestic violence will be designated as Domestic
Violence cases. “Domestic Violence” is any harmful physical contact, threat of
harmful contact, harassment or destruction of property between associated
individuals or formerly associated individuals used as a method of coercion,
control, revenge or punishment which includes:
- Spouses, whether residing together or not;
- Former spouses, whether residing together or not;
- Persons who are involved in ongoing, intimate relationships with each other,
regardless of whether they currently live together or have done so in the past;
- Persons who have in the past had an ongoing, intimate relationship with each
other, regardless of whether they lived together or not;
- Persons, eighteen years of age or older who are blood or step-related to one
another (e.g., father/daughter, step-son/step-father, brother/sister, etc.).
Cases involving any murder charge captioned above shall be assigned on a
rotating basis by criminal division number in ascending order beginning with the
lowest numbered court. Co-defendants will be assigned to the same court.
At the call of the first appearance, court assignment of each case shall be
announced, and each case shall be set down for a second appearance or other
proceedings in the assigned court.
|Revised May, 2015