(a) Introduction. The periodic calendar adjustment program for magistrate judges provides for a magistrate judge not to receive new referrals in civil or criminal cases, new civil cases reassigned on consent of the parties, or new criminal misdemeanor cases for a period of three months after five years of service.

(b) Participation. In order to participate in the program, a magistrate judge of the District must meet the following criteria:

(1) The magistrate judge is a full-time magistrate judge.

(2) The magistrate judge has not previously participated in the program and entered on duty sixty months preceding the months during which the magistrate judge is to be removed from the assignment process as part of the program.

(3) The magistrate judge has previously participated in the program and an aggregate of fifty-one months (forty-eight months plus the three months of the previous adjustment period) has elapsed from the date the magistrate judge was last eligible to participate in the program.

(4) Where two or more magistrate judges are eligible to be removed from the assignment process under these procedures, the magistrate judge who has previously been removed the fewest times under this program will be scheduled first. Where two or more magistrate judges are eligible to be removed from the assignment process under these procedures and each was previously removed the same number of times, the most senior magistrate judge will be scheduled first.

(5) Where two or more magistrate judges are eligible to be removed from the assignment process under these procedures, they may agree to exchange scheduled adjustment periods for which they have been scheduled in accordance with (4) above provided each of the magistrate judges is eligible to serve in the exchanged period.

(6) A magistrate judge may request to be removed from the assignment process during a period later than that for which the magistrate judge would be scheduled under these procedures provided that no magistrate judge is eligible for that later period.

(c) Order of Magistrate Judges Within Cycle. From time to time, the Executive Committee will enter an order directing the clerk to remove magistrate judges from the assignment process for periods of three months. The first magistrate judge to be removed shall be the most senior magistrate judge who meets the criteria set out in (b) above. The second magistrate judge to be removed shall be the next most senior magistrate judge meeting the criteria, etc.

(d) Sequence of Magistrate Judge Name Confidential. In order to permit the magistrate judges to plan to take best advantage of the opportunities offered by the program, a tentative list for three years will be issued to each magistrate judge at the time a copy of the order implementing the current periods is adopted. However, because knowledge that a magistrate judge may be removed from the assignment process might be used to permit magistrate judge shopping, the sequence should not be publicized.

(e) Order of Executive Committee. The Executive Committee will enter an order annually covering the next four periods. If two or more magistrate judges tentatively scheduled for the next year agree to change periods with other eligible magistrate judges as provided by (b)(6) above, those involved should notify the Chief Judge so that the order can incorporate the agreement.

(f) Conflicts Between Sabbatical and Magistrate Judge Assignment Cycles.  A magistrate judge shall not serve as emergency magistrate judge, duty magistrate judge or federal enclave magistrate judge during a period when he or she is participating in the calendar adjustment program.

(g) Referrals and Reassignments on Consent Where the Designated Magistrate Judge is on Sabbatical.  Except as provided for in section (h) below, during periods when a magistrate judge is participating in the calendar adjustment program, referrals and reassignments in cases where the magistrate judges has been designated pursuant to LR72.1 shall be randomly referred or reassigned to another magistrate judge. 

The magistrate judge who receives a referral or case as provided for by this section shall become the designated magistrate judge in that case.

(h) Subsequent Referrals and Reassignments on Consent in Cases with Pending Referrals. Where a referral is pending in a case before a designated magistrate judge and either the case is to be reassigned on consent or a subsequent referral is to be made in that case during the period when the magistrate judge is participating in the calendar adjustment program, the reassignment or referral shall be made to that magistrate judge. Similarly, where a referral is pending before a designated magistrate judge in one or more cases in a related set of cases and a referral is to be made in another case that is part of the related set during the period when the magistrate judge is participating in the calendar adjustment program, the referral shall be made to that magistrate judge.

(i) Continuation of Designation at Filing. A magistrate judge who is participating in the periodic calendar adjustment program shall not be removed from the designation cycle provided for by LR72.1.

(Adopted October 13, 2004 and March 22, 2019)