En banc
Encyclopedia
En banc, in banc, in banco or in bank is a French
term (meaning "on a bench
") used to refer to the hearing of a legal case where all judge
s of a court
will hear the case (an entire "bench
"), rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance. Appellate court
s in the United States
sometimes grant rehearing en banc to reconsider a decision of a panel
of the court (a panel generally consisting of only three judges) where the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing en banc as an initial matter, instead of the panel hearing it first.
Some appellate courts, such as the Supreme Court of the United States
and the highest courts
of most U.S. state
s, do not sit in panels, but hear all of their cases en banc (with the exception of cases where a judge is ill or recused).
are heard by a three-judge panel. A majority of the active circuit judges
may decide to hear or rehear a case en banc. Parties may suggest an en banc hearing to the judges, but have no right to it. Federal law
states en banc proceedings are disfavored but may be ordered in order to maintain uniformity of decisions within the circuit or if the issue is exceptionally important. Fed. R. App. P. 35(a). Each court of appeals also has particular rules regarding en banc proceedings. Only a court sitting en banc or the Supreme Court of the United States
can overrule a prior decision in that circuit; in other words, one panel cannot overrule another.
states that for courts with more than 15 judges, an en banc hearing may consist of "such number of members of its en banc courts as may be prescribed by rule of the court of appeals." So far, only the United States Court of Appeals for the Ninth Circuit
, with 29 judges, utilizes that procedure, and its en banc court consists of 11 judges. Theoretically, the Ninth Circuit can hear the case with all judges participating. In practice, however, such a hearing has only been asked for four times; the requests have all been denied.
The United States Court of Appeals for the Fifth Circuit
, with 17 judges, is eligible to adopt a similar procedure and has done so in 1986. State of La. ex rel. Guste v. M/V TESTBANK , 752 F.2d 1019 (5th Cir. 1985) (en banc).
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
term (meaning "on a bench
Bench (law)
Bench in legal contexts means simply the location in a courtroom where a judge sits. The historical roots of that meaning come from the fact that judges formerly sat on long seats or benches when presiding over a court...
") used to refer to the hearing of a legal case where all judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s of a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
will hear the case (an entire "bench
Bench (law)
Bench in legal contexts means simply the location in a courtroom where a judge sits. The historical roots of that meaning come from the fact that judges formerly sat on long seats or benches when presiding over a court...
"), rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance. Appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
s in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
sometimes grant rehearing en banc to reconsider a decision of a panel
Judicial panel
A judicial panel is a set of judges who sit together to hear a cause of action, most frequently an appeal from a ruling of a trial court judge. Panels are used in contrast to single-judge appeals, and en banc hearings, which involves all of the judges of that court.In the United States, most...
of the court (a panel generally consisting of only three judges) where the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing en banc as an initial matter, instead of the panel hearing it first.
Some appellate courts, such as the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
and the highest courts
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
of most U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s, do not sit in panels, but hear all of their cases en banc (with the exception of cases where a judge is ill or recused).
United States Courts of Appeals
Cases in United States Courts of AppealsUnited States courts of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
are heard by a three-judge panel. A majority of the active circuit judges
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
may decide to hear or rehear a case en banc. Parties may suggest an en banc hearing to the judges, but have no right to it. Federal law
Federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
states en banc proceedings are disfavored but may be ordered in order to maintain uniformity of decisions within the circuit or if the issue is exceptionally important. Fed. R. App. P. 35(a). Each court of appeals also has particular rules regarding en banc proceedings. Only a court sitting en banc or the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
can overrule a prior decision in that circuit; in other words, one panel cannot overrule another.
states that for courts with more than 15 judges, an en banc hearing may consist of "such number of members of its en banc courts as may be prescribed by rule of the court of appeals." So far, only the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
, with 29 judges, utilizes that procedure, and its en banc court consists of 11 judges. Theoretically, the Ninth Circuit can hear the case with all judges participating. In practice, however, such a hearing has only been asked for four times; the requests have all been denied.
The United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
, with 17 judges, is eligible to adopt a similar procedure and has done so in 1986. State of La. ex rel. Guste v. M/V TESTBANK , 752 F.2d 1019 (5th Cir. 1985) (en banc).