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NCJRS Abstract

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NCJ Number: 119184 Find in a Library
Title: United States District Courts En Banc: Resolving the Ambiguities
Journal: Judicature  Volume:73  Issue:1  Dated:(June-July 1989)  Pages:40-42
Author(s): J R Bartels
Date Published: 1989
Page Count: 3
Type: Issue Overview
Format: Article
Language: English
Country: United States of America
Annotation: The use of full-bench (en banc) Federal District Courts appears to be increasing, but the lack of uniformity in initiation, conduct, and effect has caused procedural and policy ambiguities that need to be eliminated.
Abstract: Of the 47 en banc panels convened over the last 60 years, 14 were held in 1988. However, this practice cannot be called established, although it apparently is authorized by judicial interpretation of Federal law. These panels are used in situations ranging from final disposition of cases to deciding specific legal issues within cases. The use of the en banc procedure has grown without guidance. This lack of guidance has caused many ambiguities regarding the initiation of the panels, the reasons why they are convened, the number of judges on them, and their effect. These ambiguities are undesirable in courts of law governed by procedure and should be resolved either through legislation or through a determination to use them only when initiated by a majority of the full court and with the participation of all members. 32 footnotes.
Main Term(s): Marxism
Index Term(s): Court reform; En banc courts; Judicial discretion
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