The Court has adopted practices (these practices may already be standard for some judges) concerning modification or revocation of bond, as well as waiver of indictment. The new procedures are set out in the attachments below. These procedures will take effect immediately.
The main provisions of these changes are as follows:
- District judges will handle all post-plea/sentencing bond revocations or modifications of conditions of release. In the case of a revocation, if the district judge is unavailable to handle the petition, then it will be referred to the magistrate judge who set the bond or the duty magistrate judge.
- Notice of the date and time of the waiver and plea hearing will be given by the district judge’s judicial assistant (JA) or case management team to the magistrate judge who is scheduled to have the criminal duty on that date. The duty magistrate judge will see the defendant after the waiver/plea hearing and make a bond determination.
Defense counsel should not be permitted to present their clients to the magistrate judge before the waiver/plea hearing.