As adopted: December 5, 2000

TABLE OF CONTENTS

INTRODUCTION

In 1996, the United States District Courts for the Eastern District and Western District of Kentucky initiated a renumbering project for the Joint Local Rules for the Eastern and Western Districts of Kentucky. This renumbering project represents the first major revamping of the Joint Local Rules for the Eastern and Western Districts since their original promulgation in 1986. The Eastern and Western Districts of Kentucky have for the past ten years cooperated together in promulgating local rules in such a fashion as to maintain uniformity in local federal court practice between the Eastern and Western Districts of Kentucky. No federal statute mandates such uniformity, but it has long been the intent of the federal judges in Kentucky to make the practice of law in the federal courts as simple and understandable as possible for the Kentucky federal practitioner.

The members of the 1996 Joint Local Rules Commission who participated in the renumbering and editing process are as follows:

Douglas L. McSwain, Esq., Chairman, Lexington, Kentucky

Honorable William O. Bertelsman, Chief Judge, Eastern District of Kentucky

Honorable Charles R. Simpson, III, Chief Judge, Western District of Kentucky

Honorable Henry R. Wilhoit, Jr., Judge, Eastern District of Kentucky

Honorable Thomas B. Russell, Judge, Western District of Kentucky

Frank P. Doheny, Jr., Esq., Louisville, Kentucky

Robert F. Houlihan, Jr., Esq., Lexington, Kentucky

Mark C. Whitlow, Esq., Paducah, Kentucky

John G. Prather, Jr., Esq., Somerset, Kentucky

Gregory L. Monge, Esq., Ashland, Kentucky

Edwin J. Walbourn, III, Esq., Covington, Kentucky

Allen W. Holbrook, Esq., Owensboro, Kentucky

James R. Lesousky, Esq., Louisville, Kentucky

Leslie Whitmer, ex officio, Clerk, Eastern District of Kentucky

Jeffrey Apperson, ex officio, Clerk, Western District of Kentucky

In addition to the members of the Joint Local Rules Commission, the following persons also assisted substantially in the preparation of the renumbered local rules:

Scott Wendelsdorf, Federal Public Defender for the Western District of Kentucky

Karla Hall, Chief Law Clerk to the Honorable William O. Bertelsman

The Commission wishes to express its sincere appreciation to both these individuals for their dedicated work toward the completion of this project.

The Judges of the Eastern and Western Districts of Kentucky are grateful to the many lawyers who have worked on the Joint Local Rules Commission and for their ongoing efforts in the review of the Local Rules of Court. The invaluable contribution of these lawyers has made for the success of the Joint Local Rules Project between the Eastern and Western Districts.

Comments and suggestions for the improvements of the Local Rules should be directed to a Clerk of Court for the attention of the Joint Local Rules Commission.

August 1, 1997







JOINT LOCAL RULES OF CRIMINAL PRACTICE

LCrR 1.1 Scope

These Joint Local Rules of Criminal Practice for the United States District Courts for the Eastern District of Kentucky and the Western District of Kentucky provide standardized procedures for the convenience of the bench and bar. These rules do not eliminate the statutory distinction between the United States District Courts for the Eastern and Western Districts of Kentucky.

LcrR 1.2 Definitions

References to "Court" or the "Clerk" mean the United States District Court for the Eastern District of Kentucky -- or the Clerk of that Court -- or the United States District Court for the Western District of Kentucky -- or the Clerk of that Court.

LcrR 2.1 Purpose and Construction

These Joint Local Rules of Criminal Practice must be construed to be consistent with the Federal Rules of Criminal Procedure and to secure simplicity in procedure, fairness in administration and the just, efficient and economical determination of criminal actions.

LcrR 5.1 Duties of United States Magistrate Judges

(a) Duties of the United States Magistrate Judges. All magistrate judges are specially designated within the meaning of 18 U.S.C. § 3401(a) to try persons accused of misdemeanor offenses and to sentence persons convicted of misdemeanor offenses. They are further authorized to perform all duites in regard to extradition proceedings specified in 18 U.S.C. § 3184, including but not limited to cerifications to the Secretary of State and issuance of warrants.

LcrR 12.1 Motions

(a)Generally. All motions must state precisely the relief requested. Except for routine motions -- such as motions for an extension of time -- each motion must be accompanied by a supporting memorandum. Failure to file a supporting memorandum may be grounds for denying the motion.

(b)Motions for an Extension of Time. Extensions of time in criminal actions will be granted only if the party seeking the extension files a motion and affidavit demonstrating good cause. Extensions of time by agreement of the parties are not valid in criminal cases.

(c)Time for Filing Motions. Unless a different time is fixed by statute or the Federal Rules of Criminal Procedure, motions must be filed within the time period ordered by the Court.

(d)Time for Filing Responses and Replies.

(1)Opposing Memorandum. Unless otherwise ordered, an opposing memorandum must be filed within eleven (11) days of service of any motion, except a motion for an extension of time. A memorandum opposing a motion for an extension of time must be filed within five (5) days of service of the motion. Failure to file an opposing memorandum may be grounds for granting the motion.

(2)Reply Memorandum. Except as to motions for an extension of time, a party may choose to file a reply memorandum. A reply memorandum must be limited to matters newly raised in the opposing memorandum. If a party chooses to file a reply, the memorandum must be filed within eleven (11) days of service of the opposing memorandum, unless otherwise ordered by the Court.

(e)Limitations on Memoranda. Memoranda pertaining to motions are limited to a supporting memorandum, an opposing memorandum, and a reply memorandum. Supporting and opposing memoranda must not exceed twenty-five (25) pages without leave of Court. Reply memoranda must not exceed ten (10) pages without leave of Court.

(f) Proposed Order. Each motion and response must be accompanied by a separate proposed order granting the relief requested or denying the motion.

(g) Form of Memoranda. All memoranda must comply with LCrR 49.1.

(h) Hearings or Oral Arguments on Motions. A party may request a hearing or oral argument on a motion. The request must be contained in the underlying motion, opposing memorandum or reply memorandum and must set forth the reasons the hearing or argument may assist the Court in ruling on the motion. If no such request is made -- or is made but not granted -- the motion will be submitted to the Court for decision after the reply memorandum is filed or the time for filing the reply memorandum has expired.

(i) Citation Form. Citations in motions and memoranda must be in a generally accepted citation form.

(j) Copies of Memoranda. Parties must file with the Clerk the original and one copy of each memorandum.

(k) Copies of Cases and Statutes. If a motion or memoranda contains a citation to a case not reported in United States Supreme Court Decision, Federal Reporter, Federal Reporter 2d, Federal Reporter 3d, Federal Supplement, Federal Rules Decisions, Kentucky Reports, or Kentucky Decisions, a copy of that case must be attached. If a motion or memorandum contains a citation to a statute other than a Kentucky or federal statute, a copy of the statute must be attached.

LcrR 18.1 Jury Divisions

(a) United States District Court for the Eastern District of Kentucky. The United States District Court for the Eastern District of Kentucky is divided into the following jury divisions:

(1) Ashland. The following counties are in the Ashland Division: Boyd, Carter, Elliott, Greenup Lawrence, Lewis, Morgan, and Rowan.

(2) Covington. The following counties are in the Covington Division: Boone, Bracken, Campbell, Gallatin, Grant, Kenton, Mason, Pendleton, and Robertson.

(3) Frankfort. The following counties are in the Frankfort Division: Anderson, Carroll, Franklin, Henry, Owen, Shelby, and Trimble.

(4) Lexington. The following counties are in the Lexington Division: Bath, Bourbon, Boyle, Clark, Estill, Fayette, Fleming, Garrard, Harrison, Jessamine, Lee, Lincoln, Madison, Menifee, Mercer, Montgomery, Nicholas, Powell, Scott, Wolfe, and Woodford.

(5) London. The following counties are in the London Division: Bell, Clay, Harlan, Jackson, Knox, Laurel, Leslie, McCreary, Owsley, Pulaski, Rockcastle, Wayne, and Whitley.

(6) Pikeville. The following counties are in the Pikeville Division: Breathitt, Floyd, Johnson, Knott, Letcher, Magoffin, Martin, Perry, and Pike.

(b) United States District Court for the Western District of Kentucky. The United States District Court for the Western District of Kentucky is divided into the following jury divisions:

(1) Louisville. The following counties are in the Louisville Division: Breckinridge, Bullitt, Hardin, Jefferson, Larue, Marion, Meade, Nelson, Oldham, Spencer, and Washington.

(2) Bowling Green. The following counties are in the Bowling Green Division: Adair, Allen, Barren, Butler, Casey, Clinton, Cumberland, Edmonson, Green, Hart, Logan, Metcalf, Monroe, Russell, Simpson, Taylor, Todd, and Warren.

(3) Owensboro. The following counties are in the Owensboro Division: Daviess, Grayson, Hancock, Henderson, Hopkins, McLean, Muhlenberg, Ohio, Union, and Webster.

(4) Paducah. The following counties are in the Paducah Division: Ballard, Caldwell, Calloway, Carlisle, Christian, Crittenden, Fulton, Graves, Hickman, Livingston, Lyon, McCracken, Marshall, and Trigg.

(c) Assignment to a Division. Jury division assignments may be changed by rule or by Court order.

LcrR 18.2 Place of Prosecution and Trial

(a) Assignment of Actions to Jury Divisions. Criminal actions will be assigned to the jury division in which the crime is alleged to have occurred. If it is unclear in which division the alleged crime occurred, the indictment will be assigned to the division in which the first named defendant resides. A corporation is deemed to be a resident of the county in which it has its principal place of business within the district. In any instance not covered by this rule, the action will be assigned to a division in the discretion of the Clerk.

(b) Transfer. Any criminal action or proceeding may, in the discretion of the Court, be transferred from the jury division in which it is pending to any other division for the convenience of the Court, the defendant, witnesses, or in the interest of justice.

LcrR 23.1 Disposition of Exhibits

For information concerning disposition of exhibits after trial, see LCrR 55.2.

LCrR 24.1 Trial Jurors

(a) Contact with Jurors. Unless permitted by the Court, no party or attorney -- or the representative of a party or attorney -- may contact, interview, or communicate with any juror before, during or after trial. No person may contact, interview, or communicate with a juror on any matter relating to the trial before or during the trial.

(b) Peremptory Jury Challenges. Unless the Court orders otherwise, the parties must exercise their peremptory challenges simultaneously.

(c) Attorneys Not to Request any Person's excuse from Jury Service. No attorney or law firm -- or an employee of an attorney or law firm -- may request a judge to excuse any person lawfully summoned for jury service. Any person violating this rule is subject to punishment for contempt.

LCrR 46.1 Release from Custody -- When Surety is Required

(a) General Requirements. The Clerk may -- unless the Court orders otherwise -- accept only the following as surety on a bond:

(1) a surety company approved by the United States Department of Treasury;

(2) cash in an amount set by the Court; or

(3) a personal surety secured by real estate that complies with (d), (e), (f), and (g).

(b) Powers of Attorney. A Treasury Department approved surety company may designate an agent in Kentucky to execute bonds. If so, the power of attorney designating the agent may be on file with the Clerk in the jury division in which the action is pending. In lieu of filing the power of attorney with the Clerk, a copy of the power of attorney must be appended to each bond executed.

(c) Unacceptable Personal Sureties. The Clerk must not accept the following as a personal surety on any bond;

(1) an attorney;

(2) a Court officer or employee; or

(3) the United States Marshal or any deputy marshal.

(d) Personal Surety Secured by Real Estate; Generally. The Clerk must accept a personal surety secured by real estate under the following conditions:

(1) The real estate is located in Kentucky;

(2) The real estate has an unencumbered value of at least 110% of the bond amount;

(3) The real estate is not owned by a corporation or partnership; and

(4) If the property is held jointly, all joint tenants have executed the bond.

(e) Procedure for Posting Real Estate Bond. To post a real estate bond, the sureties must execute an affidavit providing the following information:

(1) the owners' name and address;

(2) affiant's statement as to the assessed value from the Property valuation Administrator's Office or -- if not available -- an appraisal by a licensed appraiser; and

(3) a listing of all liens and mortgages on the property, including all but the current year's real estate taxes.

(f) Affidavit on Appearance Bonds. On appearance bonds, the affidavit required in (e) must be incorporated by reference in the Justification of Sureties portion of the Appearance Bond Form.

(g) Bond Execution and Deed Deposit. All parties to the deed and the bond must execute the bond and take the oath. The deed -- or certified copy of the deed -- must be deposited with the Clerk. Upon receipt of the deed -- or certified copy of the deed -- the Clerk must provide a receipt to the owner in person or by certified mail at the conclusion of the case.

(h) Lis Pendens Notice and Fees. The Clerk must file a lis pendens notice against the property in the County Clerk's Office in the county where the property is located. The required fee for filing the notice and release of lis pendens is required upon the execution of the bond.

LCrR 47.1 Motions

For information concerning motions, see LCrR 12.1.

LCrR 49.1 Form of Pleadings

(a) Name of Counsel. All pleadings, motions and other papers must include the name, address, and telephone number of the filing party's attorney(s) of record or -- if the party is not represented by counsel -- the filing party.

(b) Paper Size. All pleadings, motions and other papers filed with the Court must be on paper that is 8 ½" x 11".

LCrR 49.2 Place of Filing Pleadings and Other Papers

Pleadings, motions and other papers ("pleadings") may be filed in any of the divisional offices of the Clerk for the district in which the action is filed or pending. The Clerk must affix to pleadings which are filed or tendered for filing the official filing stamp showing the Court, the date, and the location of the Clerk's office. If the pleading is filed in the division where the action is pending, the Clerk must enter the pleading on the docket. If the pleading is filed in a division where the action is not pending, the Clerk must accept the filing and forward it to the divisional office where the case is pending for entry on the docket.

LcrR 49.3 Electronic Filing - Applicable in the Western District of Kentucky Only When Authorized by the Court

(a) Electronic Filing Permitted. When authorized by the Court, any pleading, motion, or other paper permitted or required to be filed by the Federal Rules of Civil Procedure or these rules may be filed electronically.

(b) Procedure for Electronic Filing. To file a pleading, motion or other paper electronically, a person must:

(1) Establish an account for payment of filing and administrative fees under procedures promulgated by the Clerk. This account must be established prior to any electronic transmission;

(2) Transmit the pleading, motion or other paper to the Clerk in the form of digital electronic signals -- other than a facsimile transmission -- in accordance with the procedures promulgated by the Clerk for such transmission; and

(3) Maintain an original of the electronically transmitted pleading, motion or other paper. The original must comply with federal and local rules -- if any -- for signing of pleadings, motions and other papers.

(c) Time of Filing. A paper filed under (b) will be deemed filed on the date the transmission is received by the Clerk.

(d) Electronic Filing Accepted in Lieu of Original. The Clerk will file and docket a paper filed under (b) in lieu of the original paper.

(e) Acknowledgment of Filing. Upon receipt of a paper filed under (b), the Clerk will electronically transmit to the filer an acknowledgment indicating the date and receipt of the paper.

LcrR 50.1 Assignment of Cases Among Judges and Calendaring

(a) Assignment of Cases Among Judges. Cases are assigned among the various judges within a district in a manner established by the Court's general order. Unless otherwise ordered, cases are calendared for trial or other appropriate proceedings by the assigned judge.

(b) Judge Not Available. If it appears that any matter demands immediate attention and the judge to whom the case has been assigned is not or will not be available, the Clerk -- upon request -- must determine if another judge is available who will consent to hear the matter.

LCrR 53.1 Courtroom Decorum

(a) Persons Permitted Inside the Bar of the Courtroom. Unless the court orders otherwise, only the following persons are permitted inside the bar of the courtroom during criminal proceedings held in open court:

(1) the parties;

(2) the witnesses -- when actually testifying;

(3) any jurors;

(4) attorneys duly admitted to practice before the Court;

(5) paralegals working under the direction of attorneys duly admitted to practice before the Court;

(6) the bailiffs;

(7) United States Marshals; and

(8) any other officers or employees of the Court.

(b) Possession and Use of Electronic or Photographic Equipment; Generally. Except as permitted by (c), no person may operate or possess any tape recorders, radio or television broadcasting devices, or photographic equipment in any courtroom, hall, corridor or foyer of any building used for holding court. This rule applies regardless of whether court is actually in session.

(c) Permitted Uses of Electronics. The presiding judge may permit the use of electronic or photographic means for presenting evidence or perpetuating the record.

(d) Notice and Penalty. Notice of (b) must be posted in a conspicuous place in all federal court buildings in Kentucky. Any person violating (b) is subject to punishment for contempt.

LcrR 54.1 Application of the Terms "Court" or "Clerk"

For information concerning the application of the terms "Court" or "Clerk" as used in these local rules, see LCrR 1.2.

LcrR 55.1 Original Pleadings

Originals of pleadings, motions, and other papers filed with the Court must not be withdrawn from Court files, unless ordered by the Court.

LcrR 55.2 Disposition of Exhibits

(a) Generally. The Clerk may direct counsel of record to retrieve their exhibits from the Clerk's custody either three (3) months after a final order is entered or -- if the case was appealed -- when the mandate is filed.

(b) X-Rays, Hospital Records and Medical Reports. The Clerk may deliver x-ray negatives, hospital records and medical reports to the witness through whom the exhibit was introduced in evidence.

(c) Contraband. If not claimed within two (2) weeks of final disposition, the Clerk may deliver all contraband filed as exhibits to the appropriate agency for disposition.

(d) Destruction of Exhibits. The Clerk may destroy any exhibits that remain unclaimed two weeks after counsel of record is asked to retrieve them.

LCrR 56.1 Place of Filing Pleadings or Other Papers

For information concerning the place of filing pleadings, motions and other papers, see LCrR 49.2.

LcrR 57.1 Attorney Admission to Practice

(a) Applicant Eligibility. An attorney may apply for admission to the Bar of the Court if:

(1) The attorney has been admitted to practice before the Supreme Court of Kentucky;

(2) The attorney is in good standing with the Supreme Court of Kentucky; and

(3) The attorney is of good moral and professional character.

(b) Admission Procedure. To be considered for admission to the bar, an applicant must provide the Clerk with the following:

(1) an Application for Admission;

(2) an Authorization and Release;

(3) an affidavit of sponsorship signed by a member of the bar; and

(4) the prescribed fee.

(c) Admission. After the Court grants the attorney's application, the applicant may be admitted by mail or by appointment in open court.

(1) Admission by Mail. Once the applicant notifies the Clerk of a desire to be admitted by mail, the Clerk will promptly mail a Certificate of Admission to the applicant.

(2) Admission in Open Court. Once the applicant notifies the Clerk of a desire to be admitted in open court, the Clerk will promptly arrange to have the matter set for hearing. At that hearing, the sponsor will move to admit the applicant to practice before the Court, and the attorney's oath or affirmation will be administered in open court.

LcrR 57.2 Permission to Practice in a Particular Case*

(a) Procedure. An attorney who has not been admitted to the Bar of the Court--but who is in good standing in the Bar of any state, territory, or the District of Columbia--may request permission to practice in a particular case by filing the following with the Clerk:

(1) a motion for admission pro hac vice;

(2) an affidavit identifying the Bar in which the attorney is a member in good standing;

(3) the prescribed fee; and

(4) a written consent to be subject to the jurisdiction and rules of the Kentucky Supreme Court governing professional conduct.

(b) Sanctions. Nothing in this rule detracts from the Court's power to sanction unprofessional conduct.

*The Attorney General or any other officer of the Department of Justice need not seek admission pro hac vice under this rule. See 28 U.S.C. §515(a).

LcrR 57.3 Attorney Discipline

(a) Discipline Generally. Any attorney practicing before the Court is subject to discipline by the Court upon a showing that:

(1) The attorney has been subjected to public discipline in any other court of record; or

(2) The attorney is guilty of unprofessional conduct.

(b) Discipline in Another Court; Procedure.

(1) Attorney's Duty to Notify. An attorney practicing before the Court who is subjected to public discipline in any other court of record must promptly inform the Clerk of that action.

(2) Notice of the Attorney. Upon filing a certified copy of a judgment or order demonstrating that another court has disciplined an attorney, the Court will immediately issue a notice to the attorney containing the following:

(A) a copy of the judgment or order from the other court; and

(B) an order to show cause--within thirty (30) days after service of that order--why the Court's imposition of the identical discipline would be unwarranted. The challenge to the Court's imposition of the identical sanction must be based on one of the grounds contained in (3). The attorney may respond to the show cause order personally or by mail.

(3) Discipline Imposed; Grounds for Challenge. Thirty (30) days after service of the notice provided in (b)(2), the Court will impose the identical discipline as that imposed by the other court unless the Court concludes that the entry of some other order is appropriate. To conclude that the entry of some other order is appropriate, the Court must find that the record underlying the other court's discipline clearly indicates that:

(A) the procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process;

(B) the proof establishing the misconduct was so infirm that the Court could not--consistent with its duty--accept the other court's conclusion as final;

(C) the Court's imposition of the same discipline would result in grave injustice; or

(D) the Court concludes that the misconduct warrants substantially different discipline.

(4) Finality of the Other Court's Action. Unless the Court determines that one of the grounds contained in (3) exists, another court's final adjudication of attorney misconduct conclusively establishes the misconduct for purposes of this Court's discipline. If the discipline in the other court is stayed or is not a final decision, this Court's reciprocal discipline is deferred until the stay expires or the decision becomes final.

(c) Discipline for Unprofessional and Improper Conduct. If it appears to the Court that an attorney practicing before the Court has violated the rules of the Kentucky Supreme Court governing professional conduct or is guilty of other conduct unbecoming an officer of the Court, any judge may order an attorney to show cause -- within a specified time -- why the Court should not discipline the attorney. Upon the expiration of the period specified or upon the attorney's response to the show cause order, the Court will enter an appropriate order. If requested by the responding attorney, the Court will conduct a hearing prior to determining the appropriate order.

(d) Discipline for Contempt. Disbarment from the Court may be utilized as a sanction for contempt of court under the procedures contained in Federal Rule of Criminal Procedure 42. Nothing in this rule shall limit the Court's power to punish contempt.

LcrR 57.4 Local Counsel

If the law practice of an attorney practicing before the Court is not located in proximity to the place where court is held, the Court may -- in its discretion -- require the attorney to designate local counsel. To require local counsel, the Court must enter an order articulating the reasons local counsel is required.

LcrR 57.5 Appearance of Counsel

Unless the Court orders otherwise, an attorney is deemed an attorney of record by:

(a) appearing in court on behalf of a party;

(b) filing an entry of appearance;

(c) signing a pleading, motion or other paper as attorney for a party; or

(d) listing his or her name as an attorney -- other than of counsel -- on a pleading, motion, or other paper.

LcrR 57.6 Withdrawal of Attorney of Record

Unless a compelling reason exists, an attorney of record is not permitted to withdraw within twenty-one (21) days of trial. At any other time, an attorney of record may withdraw from a case only under the following circumstances:

(a) The attorney files a written request, his or her client consents in writing, and another attorney enters his or her appearance; or

(b) The attorney files a written request, notifies the client, makes a showing of good cause, and the Court consents to the withdrawal on whatever terms the Court chooses to impose.

LcrR 57.7 Modification or Amendment of Local Rules

(a) Modification in Particular Case. A judge may modify any local rule in a case by entering a modifying order in that case.

(b) Amendments to the Joint Local Rules. The Courts may amend these rules by entering an appropriate order in each District under the procedures in Federal Rule of Criminal Procedure 57. The Courts have agreed not to adopt an amendment to the Joint Local Rules of Civil or Criminal Practice until considered by the Joint Local Rules Commission.

(c) Joint Local Rules Commission Membership

(1) Generally. The Joint Local Rules Commission is comprised of the following members:

(A) two judges from each District;

(B) four practicing attorneys from each District;

(C) a chairperson selected by -- and serving at the will of -- the Chief Judges of the Districts.

(2) Judge Members. Judge members of the Commission must include the Chief Judges of the respective Districts -- or his or her designee -- and one other judge selected by the judges of each Court.

(3) Attorney Members. The Board of Governors of the Kentucky Bar Association must appoint the attorney members of the Commission. Attorney members must be selected from those attorneys currently practicing in the Eastern or Western District of Kentucky -- or in both Districts. The Board should select attorneys so as to maintain geographic representation for all Bar members in Kentucky.

(d) Terms of Office for Attorney Members. Attorney members of the Commission must be appointed for a four year period. The initial appointments must be staggered terms of one, two, three or four years to achieve continuity on the Commission. Commission members at the time this rule takes effect may be reappointed to the Commission in appropriately staggered terms to maintain continuity.

(e) Meetings. The Commission will meet bi-annually in a place convenient to as many members as possible. If no one identifies any agenda items to the chairperson prior to the scheduled meeting, the meeting may be canceled. A quorum consists of the following:

(1) one judge from each District; and

(2) two attorneys from each District.

LCrR 58.1 Misdemeanors and Other Petty Offenses

(a) Collateral. In lieu of appearance, a defendant may post collateral in amounts specified by court order if:

(1) the defendant is charged with a "petty offense" as defined in (b); and

(2) the petty offense charged is one for which the court has specifically authorized the posting of collateral.

(b) Petty Offenses. For purposes of this rule, "petty offenses" are those offenses in 18 U.S.C. § 1(3). In determining a "petty offense," it is irrelevant whether the offense originated under applicable federal statutes or regulations or under applicable state statutes by virtue of the Assimilative Crimes Act, 18 U.S.C. § 13.

(c) Petty Offense List. The Clerk and each United States Magistrate Judge will maintain a current list of the petty offenses and the collateral applicable.

LcrR 58.2 United States Magistrate Judges

For information concerning the jurisdiction of Magistrate Judges to try and sentence persons accused of misdemeanor offenses, see LCrR 5.1.

LcrR 59.1 Effective Date

These rules are effective August 1, 1997. Except for jury plans, speedy trial plans and criminal justice plans for each district, these rules supersede all previous local rules and court orders.

LcrR 60.1 Citation

These rules may be known as the Joint Local Rules of Criminal Practice, and cited as "LCrR ____."