Rule 8 Assignment of Judges and Duty Judge

8.01 Assignment

At the initial filing of a case or when a case is reopened for which no previous judicial assignment has been made, the Clerk's office shall assign the case to an individual Judge who shall be responsible for determination of every issue and proceeding in the case until its termination.

The Clerk's office shall assign cases as follows: the Judges of the Courts shall be assigned numbers, those numbers printed on cards and the equal number of cards for each Judge randomly shuffled and bound into pads so that the number and the name of the Judge is not visible. When the Clerk's office assigns a Judge they shall assign the case to the Judge whose card is next on the pad, writing the case number on the card and placing the card into the front of the case file. The name of the Judge shall not be revealed until after the case number is written on the back of the card. Separate pads shall be maintained for criminal, domestic and civil cases.

If a criminal defendant has an open case in the Court with a Judge assigned, any additional criminal filings against that defendant shall be assigned to the Judge with the open case, without the need to go through the selection process. A copy of the card from the open case shall be placed in the front of the file jacket. If criminal cases are consolidated they shall be heard by the Judge with the lowest case number. The determination of whether criminal cases shall be consolidated shall be made by the judge with the case with the lowest case number. If an indictment is filed naming multiple defendants in a single indictment, the clerk shall assign a Judge for the first defendant as set forth above. All other defendants in the multiple indictment shall be assigned to the same Judge. A copy of the card pulled for the first defendant in a multiple defendant indictment shall be placed in the front the file for each additional defendant.

If civil cases are consolidated the consolidated case shall be heard by the Judge with the lowest case number. The determination of whether civil cases should be consolidated shall be made by the Judge assigned to the case with the lowest case number.

If a domestic relations case is filed between parties who have an open domestic relations case, the new case shall be assigned to the judge with the pending case without the need to go through the selection process and a copy of the card from the open case shall be placed in the front of the file.

Once a Judge is assigned to a case it may be re-assigned or transferred to another Judge by order of the administrative Judge. All transfers shall be by journal entry properly recorded.

In the absence of the Assigned Judge each Judge of this Court is empowered in the case of an emergency to act on behalf of the other. The fact of the unavailability of the Assigned Judge shall be endorsed on the paperwork signed by the Judge taking such emergency action.

If a case is dismissed and refiled, the refiled complaint shall contain under the space for the new case number the statement "this is a refiled case", the previous case number and the name of the Judge to whom it was previously assigned. The new case shall be assigned to the previously named Judge without the need to go through the selection process and a copy of the card from the previous case shall be placed in the front of the file.

8.02 Duty Judge

Each Judge of the Court shall serve in alternating months as Duty Judge. The duty Judge shall be responsible for ruling on those matters preliminary to the filing of a complaint, (temporary orders in domestic relations cases, protective orders in domestic violence cases, garnishment, orders to appear in contempt proceedings, etc.) and for those routine matter for which an assignment is not necessary (signing of notary applications and miscellaneous filings, etc.,).

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