IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA IN RE ) DIVISION OF ASSIGNED ) RESPONSIBILITIES BY OMAHA ) MAGISTRATE JUDGES )GENERAL ORDER 94- 10 )BY JOINT MEMORANDUM With the commencement of the random computer draw for the assignment of a magistrate judge on all criminal cases filed on and after January 4, 1994, the Omaha magistrate judges have concluded to create a duty magistrate judge rotation. The rotation will be on a monthly basis with Magistrate Judge Jaudzemis taking the duty for the month of January 1994. Magistrate Judge Thalken will have the duty for February 1994. This every other month rotation will be extended into the future indefinitely. The duty magistrate judge will handle all non-assigned criminal matters during the duty month during normal work hours, e.g., search warrants, criminal complaints, UFAPs, grand jury returns, administrative warrants, initial appearances, etc. The only exception will be for CVBs which Magistrate Judge Thalken will handle at all stages. Magistrate Judge Jaudzemis will be handling the IFP requests in pro se litigation. Magistrate Judge Thalken will continue to handle emergency after-hour magistrate judge matters for the Omaha area. The assigned magistrate judge will handle all aspects of a case assigned to that magistrate judge. Therefore, questions as to court appearances, hearings, etc., should be addressed to the chambers of the assigned magistrate judge unless there is an emergency and the assigned magistrate judge is unavailable. There may be cases where one magistrate judge will handle some matters for another magistrate judge due to conflicting schedules, trials, etc., but initial inquiries should still be made to the chambers of the assigned magistrate judge. The United States Attorney's office has agreed to include on the cover sheet filed with every criminal case the following certification: "This case (was) (was not) under consideration by the United States Attorney's Office for the District of Nebraska prior to January 4, 1993." This certification will be used on a trial basis for six months to identify any cases in which Magistrate Judge Thalken must be recused. This certification will assist the Clerk in making the random draw of the magistrate judge. The magistrate judges in coordination with Pretrial Services, the U. S. Marshal's Service, the U. S. Attorney's Office, and the Federal Public Defender have established the following policy for individuals in custody needing an appearance before a magistrate judge: 1) To curtail U. S. Marshal overtime costs, court appearances involving persons in custody will not be scheduled, absent an emergency situation, for any time later than 3 p.m.; 2) In recognition of the shortage of staff in Pretrial Services and to adequately provide for sufficient time to assemble a pretrial report to the magistrate judge, cases requiring an initial appearance where a prisoner is not made available by noon to Pretrial Services for interview will not be scheduled for a court appearance for the remainder of that day absent an emergency situation. This policy will be reviewed from time to time to ensure that it is not being abused by unnecessarily detaining individuals overnight when they may have otherwise been released except for the above policy. All parties are encouraged to bring to our attention any example which would warrant a reevaluation of this policy. DATED: January 4 , 1994. INITIALED BY: Kathleen A. Jaudzemis, U. S. Magistrate Judge Thomas D. Thalken, U. S. Magistrate Judge