I.O.P.: Other Internal Operating Procedures — 5th Cir.

JUDICIAL COUNCIL - THE JUDICIAL COUNCIL ESTABLISHED BY 28 U.S.C. § 332 IS COMPOSED OF 19 JUDGES - THE CHIEF CIRCUIT JUDGE, NINE CIRCUIT JUDGES, AND NINE DISTRICT JUDGES. THE CHIEF CIRCUIT JUDGE AND THE ACTIVE CIRCUIT JUDGE NEXT IN SENIORITY SERVE PERMANENT TERMS. ALL OTHER COUNCIL MEMBERS SERVE FOR STAGGERED THREE-YEAR TERMS. THE COUNCIL MEETS ON CALL OF THE CHIEF CIRCUIT JUDGE PURSUANT TO STATUTE.

JUDICIAL CONFERENCE - PURSUANT TO 28 U.S.C. § 333, THE CHIEF CIRCUIT JUDGE MAY SUMMON BIENNIALLY OR ANNUALLY THE FEDERAL JUDGES OF THE CIRCUIT TO A CONFERENCE, AT A DESIGNATED TIME AND PLACE, FOR THE PURPOSE OF CONSIDERING THE STATE OF BUSINESS OF THE COURTS AND ADVISING MEANS OF IMPROVING THE ADMINISTRATION OF JUSTICE WITHIN THE CIRCUIT. A COPY OF THE COURT'S RULE FOR REPRESENTATION AND ACTIVE PARTICIPATION OF THE MEMBERS OF THE BAR OF THE CIRCUIT IS AVAILABLE FROM THE CLERK OR CIRCUIT EXECUTIVE.

LAWYERS ADVISORY COMMITTEE – THE COURT IS ASSISTED IN ITS RULE-MAKING FUNCTION AND IN THE DRAFTING OF THESE INTERNAL OPERATING PROCEDURES BY A COMMITTEE COMPOSED OF 2 LAWYERS FROM EACH STATE IN THE CIRCUIT. THESE LAWYERS ARE APPOINTED FOR STAGGERED TERMS BY THE CHIEF JUDGE UPON RECOMMENDATION OF THE CIRCUIT JUDGES FROM THAT STATE. THEIR TERMS ARE FOR 2 YEARS. THEY EXAMINE AND COMMENT UPON SUGGESTED RULE AND PROCEDURE CHANGES.

RECUSAL OR DISQUALIFICATION OF JUDGES

(A) GROUNDS - JUDGES MAY RECUSE THEMSELVES UNDER ANY CIRCUMSTANCES CONSIDERED SUFFICIENT TO REQUIRE SUCH ACTION. JUDGES MUST DISQUALIFY THEMSELVES UNDER CIRCUMSTANCES SET FORTH IN 28 U.S.C. § 455, OR IN ACCORDANCE WITH CANON 3C, CODE OF CONDUCT FOR UNITED STATES JUDGES AS ADOPTED BY THE JUDICIAL CONFERENCE OF THE UNITED STATES.

(B) PROCEDURE

(1) ADMINISTRATIVE MOTIONS - IF AN INITIATING JUDGE RECUSES HIMSELF OR HERSELF FROM CONSIDERING, OR IS DISQUALIFIED TO CONSIDER AN ADMINISTRATIVE MOTION, HE OR SHE WILL NOTIFY THE CLERK, WHO WILL ADVISE THE RECUSED JUDGE OF THE NEXT INITIATING JUDGE AND REQUEST THAT THE FILE BE SENT TO THAT JUDGE.

(2) SUMMARY CALENDAR CASES - THE ABOVE PROCEDURE IS FOLLOWED, EXCEPT THAT THE SUBSTITUTE OR BACKUP JUDGE IS CALLED BECAUSE IT IS COURT PRACTICE THAT CASES ARE NOT ORDINARILY DISPOSED OF ON THE MERITS BY ONLY 2 JUDGES.

(3) HEARING CALENDAR CASES - PRIOR TO THE FORMAL PUBLICATION OF THE COURT CALENDAR, EACH JUDGE ON THE PANEL IS FURNISHED WITH A COPY OF THE 5TH CIR. R. 28.2.1 CERTIFICATE OF INTERESTED PERSONS FOR THE JUDGE'S STUDY TO DETERMINE WHETHER RECUSAL OR DISQUALIFICATION IS APPROPRIATE.

(C) IF A JUDGE RECUSES, OR IS DISQUALIFIED, HE OR SHE IMMEDIATELY NOTIFIES THE OTHER MEMBERS OF THE PANEL, AND ARRANGEMENTS ARE MADE FOR A SUBSTITUTE JUDGE.

SPECIAL PANELS AND CASES REQUIRING SPECIAL HANDLING CORPORATE REORGANIZATION - CHAPTER 11 THE FIRST APPEAL IS HANDLED IN THE USUAL MANNER. COUNSEL MUST STATE IN THEIR BRIEFS WHETHER THE PROCEEDING IS LIKELY TO BE COMPLEX AND PROTRACTED SO THAT THE PANEL CAN DETERMINE WHETHER IT SHOULD ENTER AN ORDER DIRECTING THAT IT WILL BE THE PERMANENT PANEL FOR SUBSEQUENT APPEALS IN THE SAME MATTER. IF THERE ARE LIKELY TO BE SUCCESSIVE APPEALS, A SINGLE PANEL MAY THUS BECOME FULLY FAMILIAR WITH THE CASE THUS MAKING THE HANDLING OF FUTURE APPEALS MORE EXPEDITIOUS AND ECONOMICAL FOR LITIGANTS, COUNSEL AND THE COURT. (FOR THE RULE REGARDING DIRECT APPEALS IN BANKRUPTCY MATTERS SEE 5TH CIR. R. 47.4).

CRIMINAL JUSTICE ACT PLAN - THE COURT HAS ADOPTED A PLAN AND GUIDELINES UNDER THE CRIMINAL JUSTICE ACT. COPIES ARE AVAILABLE FROM THE CLERK.

CERTIFIED RECORDS FOR SUPREME COURT OF THE UNITED STATES - THE CLERK'S OFFICE DOES NOT PREPARE A CERTIFIED RECORD UNLESS THE CLERK OF THE UNITED STATES SUPREME COURT SO DIRECTS. (SEE GENERALLY SUP. CT. R. 12.7, 16.2, AND 19.4).

BUILDING SECURITY

(A) REASONS FOR BUILDING SECURITY - THESE RULES ARE TO MINIMIZE INTERFERENCE WITH AND DISRUPTIONS OF THE COURT'S BUSINESS, TO PRESERVE DECORUM IN CONDUCTING THE COURT'S BUSINESS AND TO PROVIDE EFFECTIVE SECURITY IN THE JOHN MINOR WISDOM UNITED STATES COURT OF APPEALS BUILDING AND GARAGE LOCATED AT 600 CAMP STREET, AND COURT OCCUPIED SPACE AT 600 S. MAESTRI PLACE, NEW ORLEANS, LOUISIANA. THESE ENTIRE PREMISES ARE CALLED THE BUILDINGS.

(B) SECURITY PERSONNEL - THE TERM “SECURITY PERSONNEL” MEANS THE U.S. MARSHAL OR DEPUTY MARSHAL, COURT SECURITY OFFICER, OR A MEMBER OF THE FEDERAL PROTECTIVE SERVICE POLICE.

(C) CARRYING OF PARCELS, BAGS, AND OTHER OBJECTS - SECURITY PERSONNEL SHALL INSPECT ALL OBJECTS CARRIED BY PERSONS ENTERING THE BUILDINGS. NO ONE SHALL ENTER OR REMAIN IN THE BUILDINGS WITHOUT SUBMITTING TO AN INSPECTION.

(D) SEARCH OF PERSONS - SECURITY PERSONNEL MAY SEARCH ANY PERSON ENTERING THE BUILDINGS OR ANY SPACE IN IT. ANYONE WHO REFUSES A SEARCH MUST BE DENIED ENTRY.

(E) UNSEEMLY CONDUCT - NO PERSON SHALL:

(1) LOITER, SLEEP OR CONDUCT ONESELF IN AN UNSEEMLY OR DISORDERLY MANNER IN THE BUILDINGS;

(2) INTERFERE WITH OR DISTURB THE CONDUCT OF THE COURT'S BUSINESS IN ANY MANNER;

(3) EAT OR DRINK IN THE HALLS OF THE BUILDINGS OR IN ANY COURTROOMS EXCEPT AT COURT APPROVED SOCIAL FUNCTIONS;

(4) BLOCK ANY ENTRANCE TO OR EXIT FROM THE BUILDINGS OR INTERFERE IN ANY PERSON'S ENTRY INTO OR EXIT FROM THE BUILDINGS.

(F) ENTERING AND LEAVING - ALL PERSONS MUST ENTER AND LEAVE COURTROOMS ONLY THROUGH SUCH DOORWAYS AND AT SUCH TIMES AS ARE DESIGNATED BY THE SECURITY PERSONNEL.

(G) SPECTATORS - THE ENTRANCE AND DEPARTURE OF SPECTATORS TO OR FROM COURTROOMS IS SUBJECT TO THE PRESIDING JUDGE’S DIRECTIONS. THE U. S. MARSHAL MAY DESIGNATE SPECTATOR SEATING IN ANY COURTROOM. SPECTATORS EXCLUDED BECAUSE OF LACK OF SEATING AND SPECTATORS LEAVING THE COURTROOM WHILE COURT IS IN SESSION OR ANY RECESS SHALL NOT LOITER OR REMAIN IN THE AREA ADJACENT TO THE COURTROOM.

(H) CAMERAS AND RECORDING DEVICES ARE NOT PERMITTED IN THE JOHN MINOR WISDOM UNITED STATES COURT OF APPEALS BUILDING ("BUILDING") WITHOUT THE COURT'S PERMISSION. LAPTOPS, TABLETS, CELL PHONES, AND OTHER SIMILAR DEVICES THAT CONTAIN CAMERAS OR RECORDING FUNCTIONS ARE EXEMPT FROM THIS SUBSECTION BUT ARE STILL SUBJECT TO THE FOLLOWING:

(1) AFTER VISUAL INSPECTION AND X-RAY BY A COURT SECURITY OFFICER, ELECTRONIC DEVICES MAY BE ADMITTED INTO THE BUILDING.

(2) UNLESS PRIOR COURT PERMISSION IS OBTAINED, ALL ELECTRONIC DEVICES MUST BE TURNED OFF (NOT "VIBRATE-ONLY" MODE OR AIRPLANE MODE) WHEN INSIDE A COURTROOM WHERE A FIFTH CIRCUIT ARGUMENT IS BEING HELD. HOWEVER, AN ATTORNEY PRESENTING ARGUMENT OR ASSISTING AT COUNSEL TABLE MAY USE A LAPTOP, TABLET, OR SIMILAR DEVICE. IF THE LAPTOP, TABLET, OR SIMILAR DEVICE HAS A CAMERA OR RECORDING DEVICE, THOSE FUNCTIONS MAY NOT BE USED INSIDE THE COURTROOM. AT NO TIME MAY ANYONE USE SOCIAL MEDIA INSIDE A COURTROOM.

(3) UNDER NO CIRCUMSTANCES WILL DISRUPTIVE BEHAVIOR BE TOLERATED IN ANY COURTROOM WHERE A FIFTH CIRCUIT ARGUMENT IS BEING HELD. VIOLATORS WILL BE PROMPTLY REMOVED.

(I) WEAPONS - EXCEPT FOR SECURITY PERSONNEL, NO PERSON SHALL BE ADMITTED TO OR ALLOWED TO REMAIN IN THE BUILDINGS WITH ANY OBJECT THAT MIGHT BE EMPLOYED AS A WEAPON UNLESS AUTHORIZED IN WRITING BY THE COURT TO DO SO.

(J) ENFORCEMENT - SECURITY PERSONNEL SHALL ENFORCE THESE SECURITY PROVISIONS AND ANY OTHER PROVISIONS THE COURT MIGHT IMPLEMENT. ATTORNEYS AND PARTIES WHO VIOLATE THESE PROVISIONS ARE SUBJECT TO, INTER ALIA, CONTEMPT PROCEEDINGS AND SANCTIONS.