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U.S. Court of Appeals for the 9th Circuit

Dec. 24, 2009

9th Circuit's En Banc Gets Own Review

Defense lawyers, government prosecutors and circuit judges themselves have complained that the en banc system of the 9th U.S. Circuit Court of Appeals has strayed well beyond the case at hand to unnecessarily make new law.

By John Roemer

Daily Journal Staff Writer

SAN FRANCISCO - The en banc system may be in trouble at the 9th U.S. Circuit Court of Appeals.

In three recent cases, defense lawyers, government prosecutors and circuit judges themselves have complained that 11-judge limited en banc panels have strayed well beyond the case at hand to unnecessarily make new law.

Arthur D. Hellman, a professor at the University of Pittsburg...

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