Comments on: Does the Opinion Go to the Specialist? http://www.caso-law.com/blog/wordpress/?p=45 A Blog devoted to appellate law and issues Sun, 10 Feb 2008 02:12:02 -0700 http://wordpress.org/?v=2.8 hourly 1 By: Law Clerk 1 http://www.caso-law.com/blog/wordpress/?p=45#comment-175 Law Clerk 1 Wed, 12 Sep 2007 00:46:31 +0000 http://www.caso-law.com/blog/wordpress/?p=45#comment-175 There is a grain of truth in what Prof. Cheng is saying, but it's not quite right on. In the 9th Circuit, a "writing judge" is assigned as soon as the case comes to the panel. The assignment is made by the senior active judge on the panel, but judges can sometimes request a particular case (rare, but it happens). Prior to sending the cases to the panels, the clerk's office/staff attorneys assingn a point value to each case based on its apparent complexity (these are frequently wrong, by the way). The assigning judge usually tries to distribute equal "points" to each chambers. That chambers then prepares the bench memo to be distributed to the panel. Within that assignment scheme, however, there is room to pick. Say the senior active judge is an accounting geek and gets a stock valuation case---he'll probably keep that one for himself. Or say Judge Reinhardt is on a panel with Judge Callahan--he may try to keep criminal or habeas cases for himself. The ultimate opinion assignment, of course, is generally made at conference after the oral arguments. Assuming there will be an opinion (also rare), the writing judge will write it unless he is in the dissent or wants to give it up. Sometimes a writing judge will press the panel to write an opinion, but most of the time they just want to dump unimportant cases in memo dispos and move on with life. I would totally reject the idea that an opinion would be reassigned because judge X is a specialist in environmental law or immigration or something. Just doesn't happen, unless of course the writing judge is in the dissent and the "specialist" judge pushes for the opinion. There is a grain of truth in what Prof. Cheng is saying, but it’s not quite right on. In the 9th Circuit, a “writing judge” is assigned as soon as the case comes to the panel. The assignment is made by the senior active judge on the panel, but judges can sometimes request a particular case (rare, but it happens). Prior to sending the cases to the panels, the clerk’s office/staff attorneys assingn a point value to each case based on its apparent complexity (these are frequently wrong, by the way). The assigning judge usually tries to distribute equal “points” to each chambers. That chambers then prepares the bench memo to be distributed to the panel.

Within that assignment scheme, however, there is room to pick. Say the senior active judge is an accounting geek and gets a stock valuation case—he’ll probably keep that one for himself. Or say Judge Reinhardt is on a panel with Judge Callahan–he may try to keep criminal or habeas cases for himself.

The ultimate opinion assignment, of course, is generally made at conference after the oral arguments. Assuming there will be an opinion (also rare), the writing judge will write it unless he is in the dissent or wants to give it up. Sometimes a writing judge will press the panel to write an opinion, but most of the time they just want to dump unimportant cases in memo dispos and move on with life.

I would totally reject the idea that an opinion would be reassigned because judge X is a specialist in environmental law or immigration or something. Just doesn’t happen, unless of course the writing judge is in the dissent and the “specialist” judge pushes for the opinion.

]]> By: Addressing Your Brief To a Specific Circuit Judge . . . | The California Blog of Appeal http://www.caso-law.com/blog/wordpress/?p=45#comment-150 Addressing Your Brief To a Specific Circuit Judge . . . | The California Blog of Appeal Fri, 07 Sep 2007 07:22:06 +0000 http://www.caso-law.com/blog/wordpress/?p=45#comment-150 [...] . . or, at least, to a specific group of circuit judges, may now be possible, if Tom Caso at The Opening Brief is correct.  He cites a study covering ten years of federal appellate opinions that concludes [...] [...] . . or, at least, to a specific group of circuit judges, may now be possible, if Tom Caso at The Opening Brief is correct.  He cites a study covering ten years of federal appellate opinions that concludes [...]

]]> By: Greg May http://www.caso-law.com/blog/wordpress/?p=45#comment-149 Greg May Fri, 07 Sep 2007 06:55:41 +0000 http://www.caso-law.com/blog/wordpress/?p=45#comment-149 I can just see starting the brief, "Dear Judge _________"! I can just see starting the brief, “Dear Judge _________”!

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