Adding another layer of uncertainty to an already challenging process, the U.S. Court of Appeals for the Fourth, Seventh, and Federal circuits continue to keep their panel members unknown until the day of oral arguments. This practice is not followed by other federal appeals courts, which usually give more than same-day notice allowing attorneys to prepare accordingly.
Among the attorneys advocating for a change in this policy is Maryland-based Steven Klepper. Despite his cumulative 40 appearances in various appellate courts, Klepper admits that the undisclosed composition of the panel adds a unique stress to his engagements at the U.S. Court of Appeals for the Fourth Circuit, based in Richmond, Virginia.
There is a growing demand amongst appellate attorneys for the Fourth, Seventh and Federal circuits to align with their counterparts by providing advance notice of their panel members to better support attorneys as they prepare their case arguments.
Find out more about this topic in a detailed report by National Law Journal here.