General Order 3.2: Assignment of Judges to Calendars

After the time and place of calendars have been established by the Clerk's Office, judges and visiting judges shall be assigned to particular days on the calendars. Except as provided in G.O.3.2.d, the Clerk's Office will use a computer program that is designed to equalize the workload among all judges, randomly assign panels, and take into account the following factors: (Rev. 1/11/16)

a. Composition of Panels

Except as provided in Circuit Rule 22-2(a) and G.O.3.3.h, oral argument panels will be composed of no fewer than two members of the Court, as defined by G.O.1.3, at least one of whom shall be an active judge at the time the panel is drawn. (Rev. 1/11/16)

1. Presiding Judge

The Chief Judge presides over any panel of which they are a member. On any other panel, the most senior active Ninth Circuit judge will preside. If after its original constitution a panel ends up without an active Ninth Circuit judge because one or more Ninth Circuit judges assumed senior status, the Ninth Circuit judge on the panel who has most recently assumed senior status will have discretion to preside or to designate another Ninth Circuit judge to do so. If the judge who was originally the presiding judge assumes senior status, and a remaining active judge becomes the presiding judge, any existing assignments already made will remain and the new presiding judge will take over from the point this judge assumes presiding judge responsibilities. (New 3/23/22)

b. Assignment of Active Judges

Every year, the Court will establish the number of panel sitting days required of each active judge. These panel sitting days do not include en banc hearings, motions panels, oral screening panels, three-judge district court cases, certificate of appealability panels, and cases for which a judge's name is drawn by lot. With the approval of the Executive Committee, the Chief Judge may have fewer panel sitting days than other active judges. (Rev. 12/13/10; 9/17/14)

c. Assignment of Senior Judges

Senior judges may choose the number of panels on which they will serve and are not calendared for hearings away from their home stations unless they are willing. Senior judges who wish to hear cases in particular locations are accommodated to the extent consistent with the other factors listed in this section. However, in order to make the assignment work, they may be required to accept a full load of panel assignments in those locations. Within the context of this subsection "panel" refers to the panel of judges hearing cases in a given location over the course of a sitting. (Rev. 9/17/14)

d. Assignment of Judges to Honolulu and Anchorage Calendars

Honolulu and Anchorage panels are composed of two willing judges, chosen in the order of when they last served, and one junior judge, if any, who has not yet served. (New 1/11/16)

e. Rotation of Judges

Insofar as possible, over time, each active judge should sit with every other active and senior judge approximately the same number of times. (Rev. 1/11/16)

f. Parity in Panel Sittings

Insofar as possible, over time, each active judge should sit on approximately the same number of panels in San Francisco, Pasadena, Seattle, Portland, Honolulu and Anchorage as each of the other active judges. (Rev. 1/11/16)

g. Preferences of Judges

Insofar as practicable, the wishes of each judge with regard to sitting during particular months and on particular days during any calendar shall be accommodated. (Rev. 1/11/16)

h. Unavailability

Each member of the Court shall inform the Clerk of Court as far in advance as possible of his or her unavailability for assignment to a calendar. Each member of the Court has the option to exchange days of sitting with another member of the Court upon mutual agreement and with the approval of the Chief Judge. Exchanges of assignments shall normally be accomplished at least 60 days in advance of the hearing week. Although the Clerk's Office may be consulted and must be notified of any exchanges, arrangements for exchanges shall be made by direct contact among the members of the Court.

If, after a matter is under submission to a three-judge panel, a judge becomes unavailable by reason of death, disability, recusal, or retirement from the Court, the remaining two judges may – if in agreement – decide the matter as a quorum pursuant to 28 U.S.C. § 46(d), or shall request the Clerk to draw a replacement judge. If the two judges are not in agreement, the Clerk shall draw a replacement judge. If a replacement judge is requested, the Clerk shall draw a replacement judge from among active judges (and senior judges willing to serve), drawn by lot. Once a replacement judge is designated, the Clerk will advise the parties. (Rev. 1/11/16; 3/26/19)

i. Disqualification or Recusal

In the event a judge disqualifies or recuses himself or herself before submission, the Clerk shall try to find a replacement by switching cases or judges with panels in the same location. If unsuccessful, the Clerk shall draw a replacement, utilizing a list of active judges randomly drawn by lot as provided in G.O. 3.2.h. In rare instances, argument of the case may be postponed until the next calendar. (Rev. 12/13/10; Rev. 1/11/16)

j. Overburdens

If a member of the Court falls behind in preparing dispositions, the Chief Judge may determine that the judge should be relieved of further calendar duties until he or she becomes more current. A prima facie case for relieving a judge exists when one or more of the following criteria are met:

(1) 2 or more cases not presently in circulation were assigned to the judge for preparation of a disposition over 9 months earlier;

(2) 5 or more cases not presently in circulation were assigned to the judge for preparation of a disposition over 6 months earlier;

(3) 15 or more cases not presently in circulation were assigned to the judge for preparation of a disposition over 3 months earlier.

The judge may rebut the prima facie case by showing either that within one month or less he or she will no longer meet any of the criteria or that there is good cause for remaining on calendar. The Chief Judge may alternatively assign the judge to fewer panels rather than relieve him or her of all calendar duties.

A judge may also request to be relieved of his or her administrative duties.

Calendar relief is not appropriate to compensate for a judge's increased workload that results from sitting with the district court.

k. Temporary Calendar Reduction

Any active judge having completed 7 years of service with the Court may request a one-year reduction to 5 monthly calendars with 3 consecutive months without any calendar duties. The Chief Judge may grant the request if the judge’s disposition backlog is reasonably current. Requests shall be granted in order of seniority, but no more than 3 active judges may take such a reduction within a given year. Any judge granted such reduction shall be ineligible for a subsequent grant for 7 years. (New 9/18/02) 3.2.1. Selection of Circuit Judge to Serve on Three-Judge District Courts

The Clerk shall select, by random draw from the circuit-wide pool of senior and active judges, a judge to serve on three-judge district courts as required by 28 U.S.C. § 2284.