Handbook I.C: Court Administration — D.C. Cir.

1. Judicial Council

The Judicial Council of the Circuit, as established by 28 U.S.C. § 332, is composed of the Chief Judge of the Court of Appeals and an equal number of the judges of this Court and of the District Court. The Chief Judge of this Court presides. The Circuit Executive serves as the secretary and administrative officer to the Council. Most business of the Council is conducted through e-mail discussions and votes. Meetings are closed.

The Council is empowered under 28 U.S.C. § 332(d)(1) to "make all necessary and appropriate orders for the effective and expeditious administration of justice within its circuit." Any member of the Council may place an item on the agenda by forwarding it to the Circuit Executive for inclusion.

2. Meetings of the Court of Appeals in Executive Session

Periodically, the judges of the Court of Appeals meet in executive session to discuss the business of the Court. The Chief Judge may also call special meetings to address specific issues. Both active and senior judges attend these meetings and vote on matters of concern to the entire Court. The Chief Judge presides; also generally present are the Circuit Executive and the Clerk. At each meeting the Circuit Executive and the Clerk report to the Court about the Court's caseload and other matters affecting Court operations. Any judge may place an item on the agenda by instructions to the Clerk, who serves as secretary at these meetings. The meetings of the Court in executive session are closed, although on occasion the Chief Judge may request an individual from outside the Court to attend to discuss a matter of concern to the Court.

Six items regularly included on the agenda of the executive sessions reflect the Court’s concern with the status of its work: a report by the Circuit Executive on matters affecting Circuit and Court operations; a report by the Clerk on the Legal Division’s caseload of motions, Rule 34(j) cases, and emergency matters; reports providing monthly caseload statistics such as the number of filings and dispositions; reports by each judge on the status of cases assigned to that judge for opinions; reports on cases that have been argued but not yet assigned for the writing of an opinion; and reports on motions or petitions pending before the judges.

3. Committees

The Court uses permanent, as well as ad hoc, committees in conducting its internal business. Of particular interest to the bar are the following:

(a) Advisory Committee on Procedures

Circuit Rule 47.4, in accordance with 28 U.S.C. § 2077(b), formally establishes this Committee. The Advisory Committee is composed of no less than 15 local attorneys representing all sectors of the profession — government, private, public interest, and academic. The Committee initiates recommended rule changes and evaluates internal operating procedures in effect or under consideration. The Committee also serves as a channel of communication between the Court, and the bar and the public.

(b) Committee on Admissions and Grievances

Rule II of the Court's Rules of Disciplinary Enforcement establishes this Committee, composed of 6 members of the Court's bar. The Court may refer to the Committee, for investigation, hearing, and report, any allegation of professional misconduct by any member of the Court's bar. The Committee also advises the Court on its admission policies and practices.

Rule II.D of the Court’s Plan to Implement the Criminal Justice Act of 1964 establishes a committee to review the operation and administration on the CJA list. The Committee consists of two active Circuit Judges, the Federal Public Defender, and one experienced criminal practitioner who is on the list and one who is not on the list.

4. Judicial Conference

As provided in 28 U.S.C. § 333, the Chief Judge may convene biennially or annually the judges of this Court, the District Court, and the Bankruptcy Court to discuss improvements in the administration of justice within the Circuit. Public officials especially concerned with the work of these courts, deans of local law schools, and a representative group of local attorneys from the public and private sectors are also invited to participate in the Conference. The Circuit also will occasionally convene a Conference including only judges and court staff. Further information on the Conference is contained in Circuit Rule 47.3.