The federal appellate courts are divided over an issue that rarely receives any attention: Whether lawyers who will argue an appeal should receive advance notice of which three judges have been assigned to the oral argument panel.
The overwhelming majority of federal appellate courts – the D.C., 1st, 2nd, 3rd, 5th, 6th, 8th, 9th, 10th and 11th Circuits – inform lawyers at least several days in advance of oral argument of the identities of the three judges who will be on the panel. In the remaining three federal appellate courts – the 4th, 7th and Federal Circuits – attorneys who will be arguing an appeal do not learn which judges are on the oral argument panel until the attorneys arrive at the courthouse on the day of argument. The Federal Circuit recently experimented with advance disclosure, but that court’s experience was so negative that the experiment was promptly terminated with a reaffirmation of that court’s refusal to provide advance disclosure of panel composition.
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