Proto-Proposal: Per-case panels
(AI = 2, please)
Amend Rule 2157 (Judicial Panels) by replacing this text:
A judicial panel's membership cannot change,
and if two panels have the same membership then they are the
same panel. Judicial panels exist implicitly, without any
specific act of formation.
with this text:
A panel is formed when it is first assigned
to a case, with initial membership as specified by the Clerk
of the Courts; its membership can vary afterward.
Set the power of Rule 911 (Appeal Cases) to 2, and amend it by
replacing this text:
The entities qualified to be assigned as judge of an appeal case
are the judicial panels consisting of three members, where each
of the members is qualified to be assigned as judge of the prior
case and none of the members is the prior judge.
with this text:
The entities qualified to become a member of a judicial panel
for an appeal case are the entities qualified to be assigned
as judge of the prior case, except for the prior judge. Being
unqualified to become a member of a panel does not inherently
prevent an entity from continuing to be a member of a panel to
which e is already assigned.
A judicial panel is qualified to be assigned as judge of an appeal
case if and only if it initially has three members, each of whom
is qualified to become a member of that panel.
To assign a member to a judicial panel is to add em to its
membership, provided that e is qualified to become a member of
that panel. To recuse a member from a judicial panel is to remove
em from its membership.
Rules to the contrary notwithstanding, a judicial panel CANNOT
be recused; if the Clerk of the Courts would otherwise be required
to recuse a panel, e is instead required to recuse one or more
members with cause and assign an equal number of replacements.
Amend Rule 1871 (The Standing Court) by replacing "appeal panels"
with "judicial panels".
