Sentences with phrase «sit by designation»

Will Chief Judge Kozinski leave his perch on the Ninth Circuit and sit by designation on the remand?

Bashman suggests that any recusal - induced vacancies be filled by a non-recused federal appellate judge randomly selected to sit by designation.

Plus, sitting Justices can sit by designation in the district court if they like; perhaps it makes more sense to encourage sitting Justices to take time in the district court than it does to look for district court judges as future Justices.

I think there is a conflict, but I'm not sure it wouldn't almost always apply when district judges sit by designation.

I haven't finished these opinions but, being a practitioner in the Sixth, I do not understand why they have so many district judges who sit by designation.

I still think the bigger issue is that, particularly in the Sixth, there are too many district judges who sit by designation and an already overflowing set of judges make it more incoherent.

Answer: No, sometimes every judge serving on a federal appellate court finds it necessary to recuse themself from an appeal pending in their court, and federal appellate judges serving on a neighboring circuit will be assigned to sit by designation to resolve the appeal.

I am sure that district judges when sitting by designation will always try to avoid being unduly influenced by their personal / professional bias to see circuit law develop in a manner that serves their own district court interest.

Though I think there are practical benefits from district judges sitting by designation on circuit courts, I feel it is hinky for district judges in these kinds of cases to be key votes deciding the nature and application of reasonable review.

District judges, knowing that they have to impose reasonable sentences in all future cases, surely will be disinclined when sitting by designation to declare unreasonable any sentencing practice or result that seems anywhere close to any sentencing practice or result they have ever embraced in the past or might be inclined to embrace in the future.

Last year Judge Posner dismissed both parties» claims against each other in the Northern District of Illinois, where he was sitting by designation though he is a circuit judge who usually hears appeals.

How is all that different, though, from any typical case in which a district judge sits by designation?

In the 3rd Circuit, I am pretty sure judges sitting by designation do not hear cases from their own district.

1898)(«no one can obtain the exclusive right to publish the laws of a state»)(Harlan, J., sitting by designation); Nash v. Lathrop, 142 Mass. 29, 6 N.E. 559 (Mass. 1886)(«Every citizen is presumed to know the law thus declared, and it needs no argument to show that justice requires that all should have free access to the opinions, and that it is against sound public policy to prevent this, or to suppress and keep from the earliest knowledge of the public the statutes or the decisions and opinions of the justices.»).

Judges Procter Hug, Jr. (excellent name) and Richard Paez formed the majority of the 2 - 1 decision, with Judge Jane A. Restani (Chief Judge of the Court of International Trade, sitting by designation), dissenting in part.

Notably, the «swing» voter helping to make up the majority opinions in Petrus and Simmons — both of which declare procedurally reasonable a sentence imposed in a procedurally questionable manner — both happen to be district judges sitting by designation.

Though I do not generally have a problem with district judges sitting by designation, I think there is a worrisome sort of conflict - of - interest for district judges to be very involved in defining a circuit court's standards for when district judges are sentencing in a reasonable manner.

* Honorable Arthur L. Alarcon, Senior U.S. Circuit Judge for the Ninth Circuit, sitting by designation.

Retired Justice Sandra Day O'Connor issues another opinion while sitting by designation with the U.S. Court of Appeals for the Eighth Circuit: You can access today's ruling at this link.

Not exact matches

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The fact that Google - Motorola argues against the significance of Judge Posner's ruling, implicitly announcing an appeal and belittling it as a «non-binding district court decision» (Judge Posner, a circuit judge who usually only hears apeals, was sitting «by designation» on a district court for that particular case), shows that some people made a mistake (or purposely wanted to mislead) by portraying the ruling as a defeat only, or mostly, for Apple.

Judge Posner, a 7th Circuit Court of Appeals judge sitting here by designation, released a bold Daubert ruling that illustrates how judges are demanding more rigorous quantification of damages.