Internal Operating Procedures - page 20

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Court management is a shared responsibility among all Court officials. This IOP spells
out a number of these responsibilities in more detail. However, the Court should always
act consistently with the following supporting principles:
– The Court should take advantage of the talent and experience of its Judges and
other personnel; for example, in considering appointments to committees, the unique
prior experiences of Judges is a relevant factor, among others, to be considered.
– The Court should seek to foster a cooperative working environment in which
good ideas are readily shared and where potential problems are discussed before they
become serious.
– The Chief Judge should meet regularly with unit executives, other Judges, and
top managers to discuss important Court-wide issues and to coordinate approaches across
organizational lines.
(b) Board of Judges Defined.
The Board of Judges (BOJ) is composed of all Judges of the
Court in regular active service. The BOJ is the Court when acting on all matters in which
authority or responsibility is given to the "Court" by statute.
See
38 U.S.C. § 7254(c)(1) ("A
majority of the judges of the Court shall constitute a quorum for the transaction of the
business of the Court."). Senior Judges are not part of the BOJ.
(c) Chief Judge Defined.
The Chief Judge is a member of the BOJ and acts as the head of the
Court in accordance with 38 U.S.C. § 7253(d)(1).
(d) Statutory Authority of the Board of Judges and Chief Judge.
Certain roles and
responsibilities for the Board of Judges (Court) and the Chief Judge are prescribed by statute.
These are summarized as follows:
(1)
The Board of Judges (Court):
§ 7253(g)(1): Prescribe rules regarding judicial misconduct complaints, including awards of fees
or costs.
§ 7254(b): Determine whether cases are heard by individual judges or panels and the power to
establish procedures for assigning judges to each panel, including the determination of the chief
of each panel.
§ 7262: Set the maximum amount for the Court filing fee and establish procedures for waiving
the filing fee.
§ 7263(b): Allow persons to practice before the Court who are not members of the Court's bar.
§ 7264(a): Prescribe rules of practice and procedure.
§ 7268(c): Prescribe rules to protect privacy and security relating to all filings and to public
availability.
§ 7269(a): Provide for the publication of decisions or non-publication of decisions, with the
option of transferring the power to except decisions from publication to the Chief Judge.
§ 7281: Appoint a clerk, approve the clerk's deputies and employees, fix and adjust rates of pay,
and to procure the services of experts or consultants.
§ 7282: Submit the budget and make expenditures in order to execute the functions of the Court.
§ 7284: Fix a fee for comparing, preparing, or copying any record, entry, or transcript.
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