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What does it mean that Posner was assigned to a lower court? Should we assume that he requested a chance to rule on this matter? Or is the entire judicial branc
by neilk 14y ago
What does it mean that Posner was assigned to a lower court? Should we assume that he requested a chance to rule on this matter? Or is the entire judicial branch disgusted with the patent system too, and they asked for a pinch-hitter?
- _delirium 14y agoThe chief judge of a circuit can assign a circuit judge to hear a district-court case, if they deem it to be in the public interest. (I don't know anything about how often this is used, or what the reasons typically are, though.)
- dctoedt 14y agoIn the federal court system, it's not unusual for circuit (appellate) judges to volunteer to be assigned to preside at trials in the district courts. This is especially true if the appellate judge didn't previously serve as a trial judge. That was the case with Richard Posner, who was a highly-distinguished law professor before being appointed to the appellate bench. The reverse is also true: It's not uncommon for district (trial) judges to volunteer for temporary duty as a circuit (appellate) judge. They do this to get a first-hand perspective of how the appeals court will evaluate their work.