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D.C. Court of Appeals Amends Rules on Judges’ Participation in En Banc Decisions

By Jeremy Conrad

March 18, 2020

On March 16 the District of Columbia Court of Appeals issued orders M-266-19 amending D.C. Appellate Rule 35(a) and M-267-20 amending Part XI.C of the court’s Internal Operating Procedures. The amendments take effect April 16, 2020.

Rule 35(a) now excludes disqualified judges from the majority needed to order that an appeal or other proceeding be heard or reheard en banc.

Part XI.C of the Internal Operating Procedures now indicates that a judge’s status as an active or senior judge for the purpose of voting on petitions for en banc review is determined by the date of entry of the order ruling on the petition for review. Judges who join the court after the filing but before the order granting or denying the petition will participate in the decision. Likewise, a judge’s status for the purpose of deciding an en banc case is determined by the date of entry of the decision. Judges joining the court after review has been granted but before the case has been decided will participate in the decision.

Read order M-266-19 in its entirety here.

Read order M-267-20 in its entirety here.