US Court of Appeals for the First Circuit

Notice of Proposed Amendment to Local Rule 47.1 and Internal Operating Procedure XII

The United States Court of Appeals for the First Circuit hereby provides notice that it proposes the attached amendments  to Local Rule 47.1 (“Judicial Conference of the First Circuit”).   Additions to Local Rule 47.1 are noted in italic print; deletions are shown in strike out print.  The court also proposes to delete Internal Operating Procedure XII (“Circuit Judicial Conference”).

The reason for the amendment to Local Rule 47.1 is that circuit conferences are no longer mandatory.  See 28 U.S.C. § 333, as amended by Pub. L. 104-134 and  Pub. L. 101-650.  Although conferences will continue to be held periodically, their frequency will depend upon available funding.  I.O.P. XII is being deleted because the procedures and formats are currently under review.

The Court of Appeals invites public comments on the proposed amendments.  Comments should be received by October 17, 2005, and addressed to:

Office of the Clerk

U.S. Court of Appeals for the First Circuit

John Joseph Moakley United States Courthouse

1 Courthouse Way, Suite 2500

Boston, Massachusetts 02210

September 16, 2005

Richard Cushing Donovan           

Local Rule 47.1. Judicial Conference of the First Circuit

(a) There shall be held annually at such time and place as shall be designated by the chief judge of the circuit a Conference of all the circuit, district and bankruptcy judges of the circuit and of those magistrates designated by the chief judge of the circuit for the purpose of considering the state of business of the courts and advising ways and means of improving the administration of justice within the circuit. It shall be the duty of each circuit, district, and bankruptcy judge and designated magistrates in the circuit to attend the Conference and, unless excused by the chief judge, to remain throughout the Conference.   A Judicial Conference of the First Circuit will be held periodically in accordance with 28 U.S.C. § 333.  The chief judge shall preside at the Conference.

(b) The chief judge of the circuit shall appoint a Planning Committee consisting of a circuit judge and/or district judge and such members of the Bar as they may designate to plan and conduct the Conference.

(c) At least biennially, Mmembers of the Conference shall include the following:

      (1) Presidents of the state bar associations of states and commonwealths within the circuit;

      (2) The dean or member of the faculty designated by the dean of each accredited law school within the circuit;

      (3) All United States Attorneys of the circuit;

      (4) Lawyers to be appointed from each state in numbers to be determined by the Planning Committee, such appointment to be made by the district committee of each district; if such a committee does not exist, such appointments to be made by the district judges as determined by each district court. Such additional members of the Bar may also be invited as the chief circuit judge, in consultation with the other circuit judges, and the Planning Committee shall decide; and

      (5) All federal defenders designated by the chief judge of the circuit.

(d)  The Circuit Executive of this court shall be the Secretary of the Conference.

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