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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: FaultLine who wrote (8635)	9/19/2003 10:01:19 PM
From: LindyBill	Respond to of 793759

[Eugene Volokh, 4:34 PM] Blog How are judges chosen for an en banc hearing? Federal appellate courts hear cases using 3-judge panels; but the court can then decide to rehear the case sitting "en banc," which usually means that all the judges in that circuit hear and decide the case together. The Ninth Circuit, though, is too big for that -- there are 26 judges on it right now, and I believe the statutory maximum capacity is 28. Therefore, en banc rehearings are done using a panel of 11 judges. (The parties can petition to have the case reheard by the entire court, but I think that the court has never agreed to do that.) Who are the 11? My recollection is that: The chief judge is always on the panel. The remaining judges are chosen randomly from all the active nonrecused judges, except that if a judge hasn't sat on the last three en banc courts, he's automatically placed on the next one, and if a senior (i.e., semiretired) judge was on the original 3-judge panel, then he's eligible to be chosen for the en banc court. The judges from the original panel are neither automatically disqualified from the en banc hearing nor automatically included -- the process is as random for them as for anyone else. volokh.com