A federal appeals court judge worried that potential efforts by the judiciary to craft a binding rule curbing judge-shopping could infringe on separation of powers and end up “backfiring.”
The Judicial Conference’s advisory committee on civil rules on Thursday considered to what extent trial courts have implemented recent guidance encouraging them to randomly assign cases seeking to block state or national policies to any judges within the district.
The nonbinding guidance issued in March aims to prevent litigants from filing in one- or two-judge divisions that allow them to effectively choose their preferred judge. But some courts haven’t changed their ...
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