Practice Pointer: How Are Judges Assigned to Federal Circuit Cases?

Many parties appearing before the Federal Circuit are unaware of how Judges are selected to preside over their disputes. Like other courts, the Federal Circuit has sought to achieve a blind allocation of Judges to cases through randomization. The Federal Circuit clerk’s office runs a computer program that randomly generates 3-judge panels, subject to availability. After judges are assigned and the case is argued, the presiding judge then assigns the authoring responsibility for the case at the end of each day’s sitting or at the end of a session. After oral arguments, the panel holds at least one conference in which a straw vote is held to determine how the case will be decided. If the panel is divided, the authoring role is assigned to a member of the majority. If the presiding judge dissents, assignment will be made by the senior active member of the majority.