General Order 5.7: Assignment of Opinion Writing, Circulation, and Filing of Disposition

a. Assignment of Opinion Writing

After the case has been submitted to the en banc court, the judge senior in service among those voting with the majority shall assign the writing of the majority opinion. In the event more than one judge expresses a minority view, the senior judge among those sharing that view may assign the writing of a dissenting opinion without restricting any judge in the expression of individual views. A judge should not be selected to write a majority or dissenting opinion unless the judge's workload will permit the judge to circulate the opinion within this 45 days.

b. Circulation of Opinions

1. Majority Opinion

Any judge unable to circulate the first draft of the majority opinion within 45 days shall circulate a memorandum to the members of the en banc court stating why the deadline cannot be met. The memorandum should state when the draft opinion will be circulated.

2. Dissenting or Other Separate Opinion

A judge who plans to circulate a dissenting or other separate opinion shall notify the members of the en banc court as soon as possible, but in any event within 14 days after the date of distribution of the draft of the majority opinion. Any dissenting or separate opinion shall be circulated within 30 days after a proposed majority opinion is distributed. Any judge unable to circulate a draft of the dissenting or separate opinion within 30 days after a proposed majority opinion is distributed shall notify the members of the en banc court and state when the dissenting or separate opinion will be circulated. (Rev. 7/1/06; 9/17/14)

3. Voting on Opinions

Voting shall conclude within the time established by the Chief Judge or the presiding judge.

c. Filing of Dispositions

The author of the majority opinion shall be responsible for coordinating the proposed majority, dissenting, and concurring dispositions, and filing the final dispositions at the appropriate time.