RULE 21:
Assignment of cases
A.Assignment of Original Filings and Subsequent Motions.
Upon the original filing of a case, the case shall be assigned by lot to a specific Judge and Magistrate of this Court. A case that is reactivated by motion maintains its assignment with the original Judge and Magistrate unless the Administrative Judge determines that cases must be reassigned to balance caseloads between judges / magistrates, or if the original action was filed prior to January 1, 1991, the case shall be assigned in the same manner as an original filing.
B. Assignment of Subsequent Filings Involving Same or Similar Parties
In the event separate or multiple parentage, custody, support or visitation cases are filed involving the same mother, subsequent case(s) filed shall be assigned to the same judge and magistrate as the first parentage, custody, support or visitation case that was filed.
In the event any parentage, custody, support, or visitation case is filed subsequent to the filing of a domestic violence civil protection order case, and the parentage, custody, support or visitation case involves the same parties as the domestic violence civil protection order case, the same judge shall be assigned to the subsequent parentage, custody, support, or visitation case.
In the event separate or multiple abuse, neglect, dependency, or permanent custody cases are filed involving the same mother, the agency filing the subsequent cases shall submit the appropriate judge and magistrate assignment as the first abuse, neglect, dependency, or permanent custody case that was filed. The agency may also request assignment based on other familial connections in subsequent or multiple filings.
In the event a defendant is involved in subsequent or multiple delinquency/unruly, traffic or adult cases, the subsequent case(s) filed shall be assigned to the same judge as the first delinquency, unruly, traffic or adult case that was filed.
Judicial Assignment shall be as follows:
(1) All traffic cases shall be assigned by lot to
an individual judge and magistrate of this court; however, if any traffic case that is filed is related to a pending or prior delinquency case involving the youth, or the youth has any prior delinquency case history of record, the traffic case shall be assigned to the same judge and magistrate as the delinquency case, regardless of which was filed first;
(2) All other non-traffic cases shall be assigned to the same judge and magistrate as the first delinquency, unruly, traffic or adult case that was filed.
In the event a child is involved in both delinquency/unruly and abuse/neglect/ dependency/permanent custody cases, the first case filed shall be assigned by lot to a specific judge and magistrate. The subsequent case(s) shall be assigned to the same judge and magistrate.
C. Assignment of Refiled Cases Involving the Same Parties and Actions.
In any instance where a previously filed and dismissed case is refiled, that case shall be reassigned to the Judge and Magistrate originally assigned by lot to hear it, unless for good cause shown, that Judge or Magistrate is precluded from hearing the case.
D. Reassignment of Dockets to Successors; Creation of New Dockets
When a Judge or Magistrate leaves the Court his or her cases will be assigned to their successor.
When a docket is newly created for a judge or magistrate following the policies set forth by the Court and as directed by the Rules of Superintendence, it is intended that all cases meeting single assignment rules shall also be transferred to the newly created docket. Any cases that were not reassigned at the time of docket creation shall be transferred if it is determined that a case meets single assignment rules set forth in this Rule. Any case transferred after the creation of a docket shall automatically result in a new case assignment the following month to the transferring docket to equalize the transfer.
E. Responsibility for Assigned Cases; Discretion of Judges and Magistrates
Once assigned a case, the assigned Judge becomes primarily responsible for the determination of every issue and proceeding in the case. All preliminary matters, including requests for continuances, must be submitted for disposition to the Judge or Magistrate to whom the case or motion is assigned or, if the assigned judge or magistrate is unavailable, to the Duty Judge or Duty Magistrate.
If the judges (as it relates to their specific assignment) or magistrates (as it relates to their specific assignment) are impacted by this single assignment rule in a specific case and jointly agree that the best interests of a family, youth, or the interests of justice are served by either:
(1) transferring of a case NOT in accordance with this rule, or
(2) failing to transfer a case in accordance with this rule,
and such action does not violate any other statute or rule of procedure, they may so transfer or retain such case as to their specific assignment. Any case transferred shall automatically result in a new case assignment the following month to the transferring docket to equalize the transfer.
F. Assignment of Cases or Hearings to Judges
None of the above language shall be construed to limit the reference of cases to Magistrates pursuant to Juvenile Rule 40, Civil Rule 53 or Local Juvenile Rule 20. Notwithstanding those rules the following matters shall be docketed for and heard only by the assigned Judge, or another Judge willing to hear the matter, except with permission of the Administrative Judge of this Court, a Judge may refer specific cases to a Magistrate if the case cannot be heard due to unavailability of docket time:
(1) Juvenile cases involving: Murder, Aggravated Murder, Vehicular Homicide, Aggravated Vehicular Homicide, Negligent Homicide, Consent to Marry, Abortion Notification, Habeas Corpus, Permanent Surrender for Adoption, Bindover for Trial as an Adult, Manslaughter, Voluntary Manslaughter, Involuntary Manslaughter, Offenses against Human Corpse.
(2) All criminal charges against adults in which a demand for a jury trial has not been filed.
(Effective January 1, 1991; Amended effective 7/1/93; 11/1/04;03/01/24)