Proposal: Opinion in both directions
(AI = 1.7, please)
Amend Rule 911 by replacing this text:
* REMAND, appropriate if there is serious doubt about the
appropriateness of the prior judgement but the judge believes
that the judge of the prior case can make a better judgement
if given a new opportunity; the prior question is rendered
open again
* REASSIGN, appropriate if there is serious doubt about the
appropriateness of the prior judgement; the judge of the prior
case (if any) is recused, and the prior question is rendered
open again
with this text:
* REMAND, appropriate if there is serious doubt about the
appropriateness of the prior judgement; the prior question
is rendered open again; this judgement SHOULD be assigned
if the judge believes that the judge of the prior case will
make a better judgement if given a new opportunity
* REASSIGN, appropriate if there is serious doubt about the
appropriateness of the prior judgement; the judge of the prior
case (if any) is recused, and the prior question is rendered
open again; this judgement SHOULD be assigned if the judge
believes that the judge of the prior case will not make a
better judgement if given a new opportunity