(a) Monitoring of Death Penalty Cases. The clerk is authorized
to monitor any case within this circuit with a scheduled
execution date, and to communicate with all parties and
relevant state and federal courts. If the parties submit
documents to the clerk before filing a notice of appeal, the
clerk will docket the documents under a miscellaneous docket.
The clerk closes the miscellaneous docket case upon the
opening of a regularly docketed death penalty case, or upon
other final disposition of the case without its reaching this
(b) Death Penalty Case Pool and Panels.
(1) Death Penalty Case Pool. The death penalty case pool
consists of all active judges of the court and those senior
judges who have filed with the clerk a statement of
willingness to serve on death penalty case panels.
(2) Death Penalty Case Panel. On receipt of a notice of
appeal or a request for a certificate of appealability, or
other application to this court for relief in a death
penalty case, the clerk dockets the case and assigns it to a
death penalty case panel.
(3) Selection. The clerk assigns judges to death penalty
case panels by random drawing from the death penalty case
pool. If a judge is unable to serve, that judge’s name
returns to the pool after the drawing of a replacement. If a
random drawing results in the selection of three senior
judges, the clerk sets aside the third senior judge’s name
and continues drawing until the selection of an active
judge’s name, after which the clerk returns the third senior
judge’s name, and the names of any senior judges drawn
thereafter, to the pool.
(4) Rotation. A judge who serves on a death penalty case
panel is not eligible to serve again until the pool is
exhausted. When the pool is exhausted, the clerk prepares a
new death penalty case pool and selects death penalty case
panels from the pool in like manner.
(5) Replacement. If any judge serving on a death penalty
case panel is unable to continue to serve, the clerk draws a
replacement from the death penalty case pool, and returns
the replaced judge’s name to the pool.
(6) Duties of Death Penalty Case Panel. A panel assigned to
a particular death penalty case handles all matters
pertaining to that case, including the direct appeals of
co-defendants, at least to the extent that they involve
issues in common.
(c) Request for Certificate of Appealability. The clerk
initially refers a request for a certificate of appealability
to a single judge of the panel assigned to a death penalty
case, who has authority to issue the certificate. If the
single judge denies the certificate, the clerk refers the
application to the full panel for disposition by majority
<< Return to Title VII. General Provisions | Rules | Local Rules Table of Contents
Last modified at 12/15/2009