28 U.S.C. 137 lets federal district courts with multiple judges divide their business through court rules and orders. The chief judge enforces those arrangements and handles assignments not otherwise covered. If the judges cannot agree, the circuit judicial council makes the necessary orders. [1]
Local assignment rules control
Many courts use random assignment, but section 137 does not itself require every case to enter one universal nationwide lottery. Related-case provisions, divisions, recusals, specialized dockets, vacancies, and reassignment orders can affect which judge receives a matter.
The statute also permits an individual order or rule assigning a case to a single judge or a panel in specified circumstances. Read the full current provision and the court’s own rules rather than assuming the section describes only random selection.
What a litigant should check
Look for the district’s local rules, standing assignment orders, and docket entries explaining a transfer between judges. Courts’ authority to prescribe procedural rules also operates within federal statutes and nationally prescribed rules. [2]
A party dissatisfied with the assigned judge cannot ordinarily choose a replacement simply by citing section 137. An alleged conflict, venue issue, or assignment error requires its own legal basis and procedure. Identify the actual problem before filing: case distribution, recusal, and transfer to another district are different questions.
Example: a related case assignment
A newly filed case might be assigned to the judge handling an earlier related dispute because a local rule treats the matters as related. That does not automatically establish unlawful judge selection. Read the related-case rule, required disclosure, and assignment order to see whether the court followed its own process.
Conversely, calling a reassignment “administrative” does not answer a supported claim that the governing rule was violated. Identify the specific rule, the facts triggering it, and the relief requested. A request to correct an assignment should not be disguised as a merits argument against an unfavorable ruling.
The chief judge’s administrative responsibility also differs from appellate authority over another district judge’s decisions. Litigants should not send a merits complaint to the chief judge expecting it to replace a motion or appeal. Keep the case number, assignment history, relevant standing order, and docket notices available so the procedural question can be evaluated accurately. [1]
Assignment within a district differs from transferring the case to another district and from seeking Supreme Court review.
Primary sources
- 28 U.S.C. § 137: Division of business among district judges
- 28 U.S.C. § 2071: Rule-making power generally
Sources checked: October 31, 2026.