IOP § I(D): Panels of the Court

Panels of three judges decide most matters before the court. There are three types of panels: argument (hearing) panels, nonargument (screening) panels, and administrative panels.

1. Argument (Hearing) Panels

Three-judge panels, referred to as hearing panels, hear argued appeals. The members of these panels are assigned before court sessions. In addition to active circuit judges, senior judges, district judges, and visiting circuit judges also serve on the hearing panels. The active circuit judge from this circuit with the most seniority presides on the hearing panel. The chief judge always presides.

The clerk’s office prepares and publishes an oral argument calendar approximately one month before the court session. The clerk's office uses software to form the hearing panels and randomly assign the cases. The judges do not participate in the panel-formation or the case-assignment processes. The judges receive the briefs before the session. After reading the briefs, the panel, by unanimous agreement, may direct that a case on the argument calendar be decided on the briefs and the record. See 8th Cir. R. 34A(c).

The composition of the argument panels change each month and often during each court session, making rescheduling of cases within a given court session difficult. The clerk’s office should be notified of potential conflicts before the briefing cycle is completed. Conflicts with trial settings in state and federal courts ordinarily are not recognized. The court of appeals normally sits only the second full week of each month from September through June. However, this practice is subject to change, and counsel should check with the clerk’s office. Information about the dates and locations of the court’s sessions can be found on the court’s website under the “Court Calendar” button.

2. Nonargument (Screening) Panels

All active judges regularly sit on nonargument panels, which are referred to as screening panels (the chief judge sits whenever necessary to fill the third panel). Senior judges may also serve on screening panels. At least three screening panels are in operation at all times. The composition of the panels changes periodically.

The major function of the screening panels is to decide pro se cases and attorney-handled cases submitted without oral argument. A case originally screened for submission without argument will be placed on the argument calendar if one judge on the screening panel concludes oral argument is necessary. The clerk’s office notifies the parties if the case is reclassified for argument. Cases may also be initially screened for submission without argument and placed on the argument calendar with the designation “No-Arg.”

3. Administrative Panels; Emergency Matters

Administrative panels decide presubmission motions and other preliminary issues the clerk is not authorized to handle. The administrative panels consider and decide: (1) petitions for permission to appeal filed pursuant to FRAP 5; (2) motions for leave to proceed in forma pauperis; (3) applications for certificates of appealability under 28 U.S.C. § 2253; (4) motions for appointment of counsel; (5) motions for production of the transcript at government expense; (6) motions for bond pending appeal; (7) applications for stay pending appeal and applications for peremptory writs of mandamus and prohibition; (8) motions to dismiss for lack of jurisdiction, see 8th Cir. R. 47A(b); (9) applications to file a second or successive habeas petition or motion to vacate under 28 U.S.C. § 2244(b)(3); (10) procedural issues; and (11) emergency and special matters. The administrative panels consist of three judges. One judge or the clerk, however, may take certain actions. See 8th Cir. R. 27A(a) and (b).

All stay and writ applications should be coordinated through the clerk’s office in St. Louis. Emergencies are best handled by telephoning the clerk for instructions; a call should also be made to alert the clerk’s office when there are pressing deadlines for court action. Electronic filing of the relevant documents allows the clerk to distribute the materials to a panel for immediate review, and it is rarely necessary for a party to present documents to a single judge in chambers for review. Panels may be convened for emergency situations. At the court’s initiative, conference telephone calls may be used for the initial presentation of an emergency stay request or writ application.