General Order 6.2: Assignment of Judges
Circuit Rules and General Orders of the Ninth Circuit — General Orders — Chapter VI: Motions & Screening Cases
a. Motions and Oral Screening Calendars
The Court shall appoint, for each month, 2 panels composed of 3 members of the Court to serve on the motions and oral screening calendars, respectively. The motions panel members shall rotate throughout the month as the "lead judge," the "second judge," and the "third judge." Each active judge, except the Chief Judge, shall so serve. The Chief Judge and any senior judge may notify the Clerk that they wish to serve on such panels. Visiting judges shall not serve on motions or oral screening panels. (Rev. 9/17/14)
b. Certificate of Appealability Calendars
The Court shall appoint 2 judges to serve as the certificate of appealability (“COA”) panel. The panel will meet for one day. A new panel will be appointed for each sitting week, depending on judges’ availability. All active judges are expected to serve on 2 panels per year. Senior judges may notify the Clerk that they are willing to serve on such panels. Visiting judges shall not be appointed to serve on a COA calendar. (New 7/1/03; Rev. 9/17/14)
c. Written Screening Calendars
The Court shall also appoint three-judge panels to serve on written screening calendars. The panel may consist entirely of senior judges. Such panels are selected at random by the Clerk's Office at the close of the calendar year, and shall serve together for the succeeding year. Any senior or active judge may notify the Clerk that he/she wishes to serve on the written screening calendar. (Rev. 9/17/14)
d. Scheduling of Motions and Oral Screening Calendars/ Procedure
Governing Motions Panel Matters
The monthly motions panels and oral screening panels (“OSP”) shall each sit for at least 3 days per month. Judges may opt to serve on the OSP or motions panel during the same month as an oral argument calendar. The panel may readjust the dates of its session. At the beginning of the calendar year, the Clerk shall establish presumptive dates for sessions of the motions and oral screening panels in conjunction with their prospective assignments to oral argument calendars. (Rev. 7/1/03; 9/25/19)
Each panel may adjust the structure and dates of its sessions, provided that the panel ensures that: (1) it meets for a length of time sufficient to dispose of those motions or screening cases ready for presentation that month; and, (2) the length of time between panels allows the staff attorneys a sufficient period of time to prepare an adequate calendar; and (3) members of the panel serve for the entire month of their assignment. Exchange of a portion of the panel assignment shall be permitted only under exceptional circumstances.
The presiding judge of each panel should notify the Clerk of any changes in the scheduling of the sessions no later than the second week of the month preceding the scheduled panel assignment.
The procedure governing screening cases is set forth at G.O. 6.5. (Rev. 9/17/14)