Confidentiality of juror information

24.1 Confidentiality of juror information All information obtained from juror questionnaires is confidential and may be used only for jury selection and in accordance with this rule. All copies of juror questionnaires must be destroyed or returned to the court upon completion of jury selection, or at any earlier time determined by the court. For represented parties, counsel of record is responsible for maintaining the confidentiality and security of juror questionnaires, and must apply security practices no less stringent than those applicable to confidential client information. Unrepresented parties may use juror questionnaires only under supervision of the court, and may not reproduce the juror questionnaires in any form, or distribute them to anyone.

Juror questionnaires will be electronically filed under restricted access three (3) business days before trial. Electronic access will be available to the court and counsel of record only. The court will provide unrepresented parties with one paper copy of the juror questionnaires at the beginning of jury selection. Juror questionnaires will not be available via mail or facsimile transmission. --> 24.1 Confidentiality of juror information All information obtained from juror questionnaires is confidential and may be used only for jury selection and in accordance with this rule.

All copies of juror questionnaires must be destroyed or returned to the court upon completion of jury selection, or at any earlier time determined by the court. For represented parties, counsel of record is responsible for maintaining the confidentiality and security of juror questionnaires, and must apply security practices no less stringent than those applicable to confidential client information. Unrepresented parties may use juror questionnaires only under supervision of the court, and may not reproduce the juror questionnaires in any form, or distribute them to anyone. Juror questionnaires will be electronically filed under restricted access three (3) business days before trial.

Electronic access will be available to the court and counsel of record only. The court will provide unrepresented parties with one paper copy of the juror questionnaires at the beginning of jury selection. Juror questionnaires will not be available via mail or facsimile transmission. Documents containing the name or signature of a juror shall be filed under restricted access, with electronic access available to the court and counsel of record only.

Such restricted access documents may include but are not limited to a jury verdict, juror notes and attachments thereto, as well as an indictment. A duplicate jury verdict, juror notes, or indictment, with the name and signature of the juror redacted, will be electronically filed and available to the public unless otherwise sealed by court order.

VII.

POST-CONVICTION PROCEDURES Local Criminal Rule 32. Sentencing 32.1 Notice - The chambers of the presiding judge setting the sentence will notify all necessary parties of the date of sentencing. This includes the marshal, the person responsible for issuing a writ, if needed, the probation office, the U.S. attorney, the defendant and/or defendant's attorney. This date may be set at the time of taking a plea or a verdict of guilty.

32.2 Presentence report - Unless waived pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, a presentence report must be prepared in every felony case and may be prepared in misdemeanor cases in the court’s discretion. Initial interview - The initial interview with the defendant, defendant’s counsel, and the probation officer must be scheduled within seven (7) days of the date of the order setting sentencing date. Counsel for the government must make available the offense conduct information, including all relevant conduct, within seven (7) days of the date of such order. Disclosure of presentence report - At least thirty-five (35) days before the date scheduled for sentencing, the probation officer must provide a copy of the presentence report (except the sentencing rationale) to (1) counsel for the government, and (2) counsel for the defendant or, where the defendant is pro se , to the defendant.

The sentencing judge may additionally direct the probation officer not to disclose the officer’s recommendation on the sentence. Disclosure of the presentence investigation report (and any subsequent revisions and addenda thereto) to a defense attorney is deemed to be disclosure to the defendant. Defense counsel must provide a copy of the report to the defendant forthwith. Time of disclosure To represented parties: The presentence report is deemed disclosed to counsel for a represented defendant and to counsel for the government when it is filed electronically by the probation officer on the CM/ECF system (access restricted to the court, the probation office, attorneys of record for the government and for the relevant defendant).

To an unrepresented party: The presentence report is deemed disclosed to a pro se defendant when a copy of the report is physically delivered or three (3) days after a copy of the report has been mailed. The presentence report must contain the date of mailing. Objections to presentence report - Within fourteen (14) days after disclosure of the presentence report, each counsel or pro se defendant must file a written response to the presentence report acknowledging disclosure and containing all objections, and supporting reasons, to any material information, sentencing classifications, sentencing guideline ranges, and policy statements contained in or omitted from the report. Alternatively, the response may affirmatively state that there is no objection to the report.

Counsel for the government and for defendant must submit objections electronically by the CM/ECF system (access restricted to the court, the probation office, attorneys of record for the government and for the relevant defendant); the government must also serve objections pertaining to an unrepresented defendant on that defendant alone on paper, with proof of service. Unrepresented defendants must file their objections in writing with the Clerk of the Court, with a proof of service on government counsel. The clerk shall file the objections electronically by the CM/ECF system (access restricted to the court, the probation office, and attorneys of record for the government). Non-judicial resolution of objections - After receiving a timely objection, the probation officer must promptly conduct any further investigation and make any revisions to the presentence report that may be necessary.

The probation officer may require each counsel and pro se defendant to meet with the officer to discuss unresolved factual and legal issues, and may request that such persons meet with each other for the same purpose. Submission of presentence report - Not less than nine (9) days before the date set for sentencing, the probation officer must submit the final presentence report electronically by the CM/ECF system (access restricted to the court, the probation office, attorneys of record for the government and for the relevant defendant). The report will be accompanied by an addendum setting forth any unresolved objections that counsel or the pro se defendant may have, together with the officer's comments thereon. The probation officer must certify that the contents of the report, including any revisions and the addendum, have been disclosed to counsel and any pro se defendant, and that the addendum fairly states any remaining objections.

Motions for departure or variance; sentencing memoranda - Not less than seven (7) days before the date set for sentencing, any party seeking an upward or downward departure under the Sentencing Guidelines or a variance based on the application of the factors set forth in 18 U.S.C. § 3553(a), or both, must submit a separate and clearly captioned motion seeking such relief. All sentencing memoranda, including memoranda in support of a motion for departure or variance, must be filed by the same date. Counsel must submit such motions and memoranda by the CM/ECF system and may move for leave to restrict access to the court, the probation office, attorneys of record for the government and for the relevant defendant, if sensitive or confidential information is contained therein. Pro se parties must file and serve such documents in paper, with proof of service on the opposing party.

Judicial resolution of objections - Upon receipt of the final report and attachments, the sentencing judge will determine the extent of any further proceedings necessary in light of the nature of any unresolved objections. The judge may hold all objections for resolution at the time of sentencing. In the alternative, the judge may resolve any objections prior to sentencing and may afford the parties a reasonable opportunity for the submission of further written objections before the imposition of sentence. Any objections must be made in the same manner as provided for in this rule.

Where the court determines that a hearing is necessary to resolve the disputed sentencing matters, a hearing may be held for that purpose, either on the date of sentencing or at an earlier time. Late objections - Upon a showing of good cause, the court may allow a new objection to be raised at any time prior to the imposition of sentence. Expedited procedures - The time periods set forth in this rule may be modified by the court for good cause shown, or upon its own motion, except that in no event shall sentence be imposed less than ten (10) days following disclosure of the presentence report without the consent of the defendant. The parties may agree in writing or on the record to an expedited sentencing procedure that shortens the times set forth in this rule or abbreviates the information otherwise required in the presentence report.

Limitations on disclosure - Nothing in this rule requires the disclosure of any portions of the presentence report that are not disclosable under the Federal Rules of Criminal Procedure. Relationship to Fed. R. Crim. P. 32 - This rule shall not be construed to limit any sentencing procedure modifications permitted by Rule 32 of the Federal Rules of Criminal Procedure. Release of presentence report to other officers - The Chief Probation Officer may, in his or her discretion, disclose a presentence report to a federal or state probation or parole officer in connection with that officer’s conduct of official duties regarding a person previously sentenced by this court. --> 32.1 Notice - The chambers of the presiding judge setting the sentence will notify all necessary parties of the date of sentencing. This includes the marshal, the person responsible for issuing a writ, if needed, the probation office, the U.S. attorney, the defendant and/or defendant's attorney.

This date may be set at the time of taking a plea or a verdict of guilty. 32.2 Presentence report - Unless waived pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, a presentence report must be prepared in every felony case and may be prepared in misdemeanor cases in the court’s discretion. Initial interview - The initial interview with the defendant, defendant’s counsel, and the probation officer must be scheduled within seven (7) days of the date of the order setting sentencing date. Counsel for the government must make available the offense conduct information, including all relevant conduct, within seven (7) days of the date of such order.

Disclosure of presentence report - At least forty-seven (47) days before the date scheduled for sentencing, the probation officer must provide a copy of the presentence report (except the sentencing rationale) to (1) counsel for the government, and (2) counsel for the defendant or, where the defendant is pro se , to the defendant. The sentencing judge may additionally direct the probation officer not to disclose the officer’s recommendation on the sentence. Disclosure of the presentence investigation report (and any subsequent revisions and addenda thereto) to a defense attorney is deemed to be disclosure to the defendant. Defense counsel must provide a copy of the report to the defendant forthwith.

Time of disclosure To represented parties: The presentence report is deemed disclosed to counsel for a represented defendant and to counsel for the government when it is filed electronically by the probation officer on the CM/ECF system (access restricted to the court, the probation office, attorneys of record for the government and for the relevant defendant). To an unrepresented party: The presentence report is deemed disclosed to a pro se defendant when a copy of the report is physically delivered or three (3) days after a copy of the report has been mailed. The presentence report must contain the date of mailing. Objections to presentence report - Within fourteen (14) days after disclosure of the presentence report, each counsel or pro se defendant must file a written response to the presentence report acknowledging disclosure and containing all objections, and supporting reasons, to any material information, sentencing classifications, sentencing guideline ranges, and policy statements contained in or omitted from the report.

Alternatively, the response may affirmatively state that there is no objection to the report. Counsel for the government and for defendant must submit objections electronically by the CM/ECF system (access restricted to the court, the probation office, attorneys of record for the government and for the relevant defendant); the government must also serve objections pertaining to an unrepresented defendant on that defendant alone on paper, with proof of service. Unrepresented defendants must file their objections in writing with the Clerk of the Court, with a proof of service on government counsel. The clerk shall file the objections electronically by the CM/ECF system (access restricted to the court, the probation office, and attorneys of record for the government).

Non-judicial resolution of objections - After receiving a timely objection, the probation officer must promptly conduct any further investigation and make any revisions to the presentence report that may be necessary. The probation officer may require each counsel and pro se defendant to meet with the officer to discuss unresolved factual and legal issues, and may request that such persons meet with each other for the same purpose. Submission of presentence report - Not less than twenty-one (21) days before the date set for sentencing, the probation officer must submit the final presentence report electronically by the CM/ECF system (access restricted to the court, the probation office, attorneys of record for the government and for the relevant defendant). The report will be accompanied by an addendum setting forth any unresolved objections that counsel or the pro se defendant may have, together with the officer's comments thereon.

The probation officer must certify that the contents of the report, including any revisions and the addendum, have been disclosed to counsel and any pro se defendant, and that the addendum fairly states any remaining objections. Motions for departure or variance; sentencing memoranda - Not less than fourteen (14) days before the date set for sentencing, any party seeking an upward or downward departure under the Sentencing Guidelines or a variance based on the application of the factors set forth in 18 U.S.C. § 3553(a), or both, must submit a separate and clearly captioned motion seeking such relief. All sentencing memoranda, including memoranda in support of a motion for departure or variance, must be filed by the same date. Not less than seven (7) days before the date for sentencing, any party may file a response to any previously filed motion or sentencing memoranda.

Counsel must submit such motions and memoranda by the CM/ECF system and may move for leave to restrict access to the court, the probation office, attorneys of record for the government and for the relevant defendant, if sensitive or confidential information is contained therein. Pro se parties must file and serve such documents in paper, with proof of service on the opposing party. Judicial resolution of objections - Upon receipt of the final report and attachments, the sentencing judge will determine the extent of any further proceedings necessary in light of the nature of any unresolved objections. The judge may hold all objections for resolution at the time of sentencing.

In the alternative, the judge may resolve any objections prior to sentencing and may afford the parties a reasonable opportunity for the submission of further written objections before the imposition of sentence. Any objections must be made in the same manner as provided for in this rule. Where the court determines that a hearing is necessary to resolve the disputed sentencing matters, a hearing may be held for that purpose, either on the date of sentencing or at an earlier time. Late objections - Upon a showing of good cause, the court may allow a new objection to be raised at any time prior to the imposition of sentence.

Expedited procedures - The time periods set forth in this rule may be modified by the court for good cause shown, or upon its own motion, except that in no event shall sentence be imposed less than ten (10) days following disclosure of the presentence report without the consent of the defendant. The parties may agree in writing or on the record to an expedited sentencing procedure that shortens the times set forth in this rule or abbreviates the information otherwise required in the presentence report. Limitations on disclosure - Nothing in this rule requires the disclosure of any portions of the presentence report that are not disclosable under the Federal Rules of Criminal Procedure. Relationship to Fed. R. Crim. P. 32 - This rule shall not be construed to limit any sentencing procedure modifications permitted by Rule 32 of the Federal Rules of Criminal Procedure.

Release of presentence report to other officers - The Chief Probation Officer may, in his or her discretion, disclose a presentence report to a federal or state probation or parole officer in connection with that officer’s conduct of official duties regarding a person previously sentenced by this court.