Wednesday, February 28, 2024

Who's on the panel?

The NLJ has 'One More Stressor': Three Circuits Keep Panels Secret Until Argument Day -- Some appellate attorneys want the Fourth, Seventh and Federal circuits to join the other federal appeals courts in giving more than same-day notice of the judges who will hear their case.

  • The Fourth, Seventh and Federal circuits reveal names of panel members on the day of arguments.
  • The policies stem from fears of tailored arguments.
  • Some lawyers say it creates undue stress, and hurts the quality of presentations
Most Circuits release panel identifies long before argument dates: The Eighth Circuit, for instance, announces panels one month ahead of arguments. The D.C. Circuit used to identify panels when cases were set to be heard, months in advance, but changed its procedures in 2015 to give 30 days notice instead.