Procedure for Coverage of Emergency Hearings
During the Absence of the Assigned Judge
Since emergency hearings may be requested during the absence of an assigned judge, a uniform policy is needed to determine the necessity of a hearing prior to the return of the assigned judge and for scheduling a timely hearing when necessary. It is, therefore,
ORDERED
1. When a party or an attorney believes, in good faith, that there is a need for a hearing during the absence of the assigned judge, the party or attorney must contact the judicial assistant for the assigned judge. The judicial assistant will secure another judge's acceptance of referral of the request. The judicial assistant will inform the referral judge of the assigned judge's earliest available hearing time. Judges and judicial assistants shall not accept such referrals from anyone other than the judicial assistant of the assigned judge or the Court Administrator or a Senior Deputy Court Administrator.
2. The priority for selecting a referral judge is:
First: another judge in the same division
Second: a judge having the same jurisdictional authority, i.e., circuit or county
Third: a judge with other jurisdiction i.e., circuit to county or county to circuit.
3. The referral judge will determine whether the hearing is an emergency and whether it should be scheduled during the assigned judge's absence. If it is determined to be necessary, the hearing will be scheduled by the referral judge's office.
4. When both the assigned judge and the assigned judge's judicial assistant are absent, the Court Administrator or a Senior Deputy Court Administrator, as a representative of the Chief Judge, shall refer the request following the priority outlined above.
This order rescinds and supersedes Administrative Order No. 8.440 dated March 29, 1982.
ORDERED on September 30, 1996.
/Signed
ROBERT P. CATES, CHIEF JUDGE