(a) Designation of the Emergency Magistrate Judge. At all times there shall be at least one magistrate judge of the Court assigned to act as emergency magistrate judge and perform the duties specified in LR 77.2. Only a magistrate judge whose duty station is in the Eastern Division shall be assigned the duties of emergency magistrate judge. No magistrate judge shall serve as emergency magistrate judge within the six months immediately after taking the oath of office.

(b) Terms of Service. The term of service of an emergency magistrate judge shall be two weeks. It shall start at 12:01 A.M. on Monday and end at midnight on the Sunday immediately preceding the Monday starting the next term of service.

(c) Preliminary Assignment Schedules. The chief magistrate judge in consultation with the other magistrate judges whose duty stations are in the Eastern Division shall be responsible for preparing a preliminary schedule of the assignments of emergency magistrate judge and federal enclave magistrate judge. These shall be prepared semi-annually in the form of an order to be signed by the chief judge on behalf of the Executive Committee. A copy of the schedule covering the period from the first Monday in July through the Sunday before the first Monday in January shall be delivered to the clerk by 1 May. A copy of the schedule covering the period from the first Monday in January through the Sunday before the first Monday in July shall be delivered to the clerk by 1 November. The clerk will place the preliminary schedule on the agenda of the next meeting of the Executive Committee scheduled after receipt of the preliminary schedules.

(d) Formal Schedule Not Published. With the approval of the Executive Committee the chief judge shall sign an order establishing assignment of emergency and federal enclave magistrate judges. The order signed by the chief judge constitutes the formal schedule of emergency and federal enclave magistrate judge assignments for the period covered by the order. To minimize the potential for judge shopping, the formal schedule is not made public. At the beginning of each week the name of the emergency magistrate judge is made available for that week. 

(e) Adjustments to Schedule. Should two or more magistrate judges agree to change all or part of their service periods after the order fixing the schedule has been entered, they must notify the chief judge, the chief magistrate judge, and the clerk. Where the change involves more than a few days, an amended order will be entered incorporating the change.

(f) Absence of Emergency Magistrate Judge. In the event that the emergency magistrate judge will be out of town or otherwise unavailable, the emergency magistrate judge will arrange for another magistrate judge to act as emergency magistrate judge. Where such an arrangement is made, the emergency magistrate judge will promptly inform the chief judge, the chief magistrate judge, and the clerk of the substitution. The chief magistrate judge with the approval of the chief judge may make such substitution if for any reason it has not been made and the scheduled emergency judge is unavailable.

Amended 11/22/2022