On Mon, Mar 31, 2008 at 6:34 PM, Ed Murphy <[EMAIL PROTECTED]> wrote: > A judicial panel is qualified to be assigned as judge of an appeal > case if and only if it initially has three members, each of whom > is qualified to become a member of that panel.
s/initially/at the time of assignment/ > To assign a member to a judicial panel is to add em to its > membership, provided that e is qualified to become a member of > that panel. To recuse a member from a judicial panel is to remove > em from its membership. Confusing overloading of "assign" and "recuse". Also, nothing empowers the CotC to do either of these things. > Rules to the contrary notwithstanding, a judicial panel CANNOT > be recused; if the Clerk of the Courts would otherwise be required > to recuse a panel, e is instead required to recuse one or more > members with cause and assign an equal number of replacements. Potential scam: the CotC assigns a panel including emself, refuses to agree to a judgement for a week, recuses the other two panel members, and then assigns whatever judgement e wants. As a whole, I have to say that I don't really like the idea of adding unnecessary complexity to the rules just to match the existing CotC templates. -root
