NCJ Number
119184
Journal
Judicature Volume: 73 Issue: 1 Dated: (June-July 1989) Pages: 40-42
Date Published
1989
Length
3 pages
Annotation
The use of full-bench (en banc) Federal District Courts appears to be increasing, but the lack of uniformity in initiation, conduct, and effect has caused procedural and policy ambiguities that need to be eliminated.
Abstract
Of the 47 en banc panels convened over the last 60 years, 14 were held in 1988. However, this practice cannot be called established, although it apparently is authorized by judicial interpretation of Federal law. These panels are used in situations ranging from final disposition of cases to deciding specific legal issues within cases. The use of the en banc procedure has grown without guidance. This lack of guidance has caused many ambiguities regarding the initiation of the panels, the reasons why they are convened, the number of judges on them, and their effect. These ambiguities are undesirable in courts of law governed by procedure and should be resolved either through legislation or through a determination to use them only when initiated by a majority of the full court and with the participation of all members. 32 footnotes.