Rule 1073-1

Assignment of Cases

(a) New Petitions.  Except as may be provided by General Order of the court, new petitions commencing a case shall be assigned by the clerk or designated deputy clerk according to a random draw so that neither the clerk, deputy clerk, nor any parties or their attorneys is able to make a deliberate choice of a particular judge.

(b) Temporary Reassignments.  A case assigned to a particular judge may be temporarily reassigned to another judge if the judge to whom the case is assigned is unavailable and an emergency exists that requires prompt action by the court.  The case will be temporarily reassigned by the clerk or designated deputy clerk to an available judge by random draw.  The reassignment shall be for the limited purpose of hearing or determining that matter.

(c) Recusal.  Upon recusal of the assigned judge of an entire case, an adversary proceeding, contested matter, or other single matter within a case, the recused case, proceeding or matter will be reassigned by the clerk or designated deputy clerk to another judge by random draw.

(d) Miscellaneous Assignments.  Whenever action is required on a miscellaneous matter for which there is no bankruptcy case pending in this district, the clerk or designated deputy clerk shall assign the matter by random draw.

(e) Voluntary Judicial Reassignments or Transfers.  Notwithstanding this Local Rule, any judge may transfer any bankruptcy case, adversary proceeding, contested or other matter to another judge with such judge's consent.  Nothing in this Local Rule precludes one judge from hearing any matter for the judge to whom the bankruptcy case, adversary proceeding, contested or other matter is assigned without the entry of an order of transfer. 

(f) Reinstatements.  Cases commenced by the reinstatement of a petition after dismissal may be reassigned to the judge to whom the case was previously assigned.


Committee Notes 2007: Changes are purely stylistic except that subparagraph (b) allows for the temporary reassignment to an available judge without use of random draw procedures.

 

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