Internal Operating Procedures - page 6

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I. SCREENING PROCESS
(a) Duties of the Central Legal Staff (CLS) and Public Office.
(1) After a case is filed with the Court and the record of proceedings is transmitted, as
appropriate, the Public Office so notifies CLS.
(2) When an appellant is represented in an appeal, CLS generally holds a conference with the
parties to discuss the issues and encourage joint resolution of the appeal, in whole or in
part. In appropriate circumstances, CLS also may hold a conference when the appellant is
pro se or on matters other than the merits of the appeal, such as on record disputes,
petitions for extraordinary writs, or attorney fee disputes.
(3) When joint resolution of the entire case cannot be reached at conference or otherwise, the
case is then generally assigned by the Public Office on a rotational basis to a Judge for
screening. CLS may be asked by the assigned Judge to provide an evaluation of the case
and a memorandum addressing the issues and possible disposition. .
(A) Any subsequent appeal of a Board decision on a matter previously remanded by a
single Judge generally is referred to the author Judge of the remanded decision.
See
Section III(b)(1), below.
(B) If a Judge grants a motion to expedite, or denies a motion to file a late brief, that
case generally is assigned to that Judge for screening.
See
Section IX(a)(2)(B),
below.
(C) Any petition related to a case already acted upon by a Judge or a panel generally
is assigned to that Judge or the author Judge of the panel (or one of the other panel
members based on seniority, if the author Judge is not available).
See
Section XI(a),
below.
(D) Separate rosters for rotational assignment of a case to a Judge in regular active
service are maintained for appeals, petitions, and motions.
(E) Senior Judges generally are assigned all types of casework proportionate to and
commensurate with their period of recall service on a rotational basis.
See
Policy for
the Recall of Senior Judges
(b) Duties of the Screening Judge.
(1) The screening Judge reviews the case and determines whether the matter warrants single-
judge decision, panel decision, or en banc review. At the start of a period of recall
service, a Senior Judge must inform the Chief Judge whether or not he or she is
eligible/available to serve on panel cases, and if so, whether the Senior Judge will be
eligible for both self-initiated panels and panels assigned randomly pursuant to Section
V(b)(1), below. An election of a Senior Judge to serve on panels will dictate whether
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