United States Court of Appeals for the First Circuit

Judge Selya Way

The City of Providence, Rhode Island, will rename Fulton Street, between Memorial Street and Exchange Street and adjacent to the U.S. Courthouse, “Judge Selya Way,” in honor of Providence native and First Circuit Court of Appeals Judge Bruce M. Selya. More information is available here.


Bankruptcy Judge Diane Finkle Appointed Chief Judge of the Bankruptcy Appellate Panel

Chief Judge David J. Barron, of the First Circuit Court of Appeals, announced that United States Bankruptcy Judge Diane Finkle, of the District of Rhode Island, will assume the duties of Chief Judge of the Bankruptcy Appellate Panel for a four-year term, on May 17, 2023.  More information is available here.

United States Court of Appeals for the Second Circuit

Selection of Patrick G. Radel to Serve as Bankruptcy Judge in the Northern District of New York

On May 1st, Chief Judge Debra Ann Livingston of the United States Court of

Appeals for the Second Circuit today that the Court of Appeals will appoint

Patrick G. Radel as a United States Bankruptcy Judge for the Northern District of New York in Albany.  Mr. Radel is a partner at Getnick Livingston Atkinson & Priore, LLP, located in Utica,

New York. Prior to joining the firm in 2004, Mr. Radel served as a law clerk to Judge William Skretny of the Western District of New York.

ACMS to Expand Operations on May 1, 2023

On May 1, 2023, the Second Circuit’s Appellate Case Management System (“ACMS”) expanded operations to process Prisoner habeas and civil rights appeals. Filings in all Prisoner habeas and civil rights appeals opened in the Court of Appeals on or after May 1, 2023 must be filed in ACMS. Attorneys who wish to learn how the system operates should email Eniola Ajayi at [email protected].

United States Court of Appeals for the Third Circuit

New Filing Deadline Rules Adopted

On May 2, 2023, the Court’ announced that it’s new deadline standards will become effective on July 1st of this year.

Filings will be due to the Clerk no later than 5:00 p.m. Eastern on the last day for filing, and documents received after that deadline will be considered untimely filed. But the announcement also noted that the Clerk’s Office will observe a grace period through the end of 2023, “for papers mistakenly filed after 5:00 p.m.”

The new Rules reflect recent proposals by Chief Judge Michael Chagares to reconsider the advisability of having the “virtual courthouse” remain open until midnight. Judge Chagares notes that the later deadline “may impact the quality of life” of legal workers, and that permitting evening filings for ECF users might be unfair to non-ECF users like pro se litigants.

Watch this Newsletter for updates on the application of the new Local Rules.

United States Court of Appeals for the Fourth Circuit

Amendments to Local Rules For Judicial-Conduct and Judicial-Disability Scheduled for Adoption

Effective May 31, 2023—unless further amended due to public comment already submitted—the Court will adopt amendments to its Local Rules for Judicial Conduct and Judicial Disability.  These adopted amendments pertain mostly to the manner and form of filing a judicial complaint with the Court.  The Court’s official notice, order, and rules amended can be found here: approval-of-fourth-circuit-local-jcd-rules.pdf (uscourts.gov).

United States Court of Appeals for the Fifth Circuit

Pro se litigants may request email notice of actions in their appeals or permission to file documents electronically. See Pro-se-Filer-Instructions.

Paper pleadings or correspondence may be mailed to the Clerk’s Office or deposited in the Clerk’s Drop box outside of the Clerk’s Office at 600 S. Maestri Place.  The box is checked each week day and date stamped accordingly.

United States Court of Appeals for the Sixth Circuit

Public Notice of Rules Amendments

Tuesday, April 4, 2023

Please see the attached notice regarding amendments to Sixth Circuit Local Rules.


Pursuant to 28 U.S.C. § 2071(e), and 6 Cir. R. 47, the United States Court of Appeals for the Sixth Circuit provides notice that it adopted the attached new Sixth Circuit Local Rule 42 and amendments to Sixth Circuit Local Rules 27(d) and 205, effective April 15, 2023.

The court hereby invites public comment on the newly adopted local rule and I.O.P. and amendments to existing rules.

United States Court of Appeals for the Seventh Circuit

Illinois Assault Weapons Ban Faces Legal Challenges

The legal landscape surrounding Illinois’ months-old assault weapons ban remains contentious as legal challenges make their way through the courts. Recently, Illinois Attorney General Kwame Raoul sought to halt a federal judge’s ruling in southern Illinois that blocked enforcement of the state’s assault weapons ban. This development comes after the 7th U.S. Circuit Court of Appeals declined a similar request to block the law when a federal judge in Chicago refused to do so. Meanwhile, another motion for an injunction has reached the U.S. Supreme Court, highlighting the complex and ongoing legal battle surrounding the ban.

The assault weapons ban, signed into law by Governor J.B. Pritzker in January, has faced immediate resistance and legal challenges since its inception. U.S. District Judge Stephen McGlynn, based in southern Illinois, temporarily halted the enforcement of the ban, arguing that it not only infringed upon individuals’ right to self-defense but, in certain cases, outright eliminated that right. The ruling raises significant questions about the balance between public safety and individual rights, serving as a focal point in the ongoing debate over gun control measures.

The conflicting rulings from federal judges in different parts of Illinois have further escalated the legal battle surrounding the assault weapons ban. Attorney General Kwame Raoul’s request to halt the ruling in southern Illinois demonstrates the efforts to challenge and overturn the decision. Additionally, with a separate injunction request now before the U.S. Supreme Court, the final outcome of this legal saga remains uncertain.

The legal challenges faced by Illinois’ assault weapons ban reflect the deeply entrenched divisions and differing perspectives on gun control measures. As the legal proceedings continue, the courts will grapple with striking a balance between public safety concerns and the preservation of individual rights. The outcome of these legal battles will have significant implications not only for Illinois but also for the broader national discourse surrounding gun control legislation. It remains to be seen how the higher courts will ultimately rule on these crucial matters and shape the future of firearm regulations in Illinois and beyond.

United States Court of Appeals for the Eighth Circuit

Next Judicial Conference Scheduled for July in Bloomington, MN

The Court has scheduled its next judicial conference for July 12 – 14, 2023, to be held at the Radisson Blu Mall of America in Bloomington, Minnesota.  All judges and members of the bar are invited to attend.  The event will address a wide range of administrative matters, including civil, criminal, and bankruptcy topics.  To read the Court’s announcement and to register to attend, visit: Eighth Circuit Judicial Conference July 12 – 14, 2023 | Eighth Circuit | United States Court of Appeals (uscourts.gov).

Local Rule Reminder

For most brief e-filings that have been accepted, the Court’s docket will update with a notice requesting that paper copies be filed with a “certificate of service for paper service.”  When paper filing and serving such a brief, you should add such a certificate of service page to the end of the already e-filed brief, which should reflect that paper service was performed.

United States Court of Appeals for the Ninth Circuit

Proposed Revisions to Circuit Rule 9-1.2 (Release in Criminal Cases) and Circuit Rule 27-14 (Motion to Transmit Physical Exhibits) have been posted here and circulated for public comment. Any comments are due by May 31, 2023.

Pursuant to 28 U.S.C. § 2071(b), comments are invited on proposed revisions to
Circuit Rule 9-1.2, Release Pending Appeal; and Circuit Rule 27-14, Motion to
Transmit Physical Exhibits.

If ultimately approved by the Court, these rules would become effective December
1, 2023.

United States Court of Appeals for the Tenth Circuit

Revised Health Rules for the Courthouse

As COVID-era precautionary rules expire or modify, the Court has issued it’s new standards for protecting the health of courthouse staff and visitors.

While masks are no longer required, the new standards do ask symptomatic visitors to refrain from entering the Byron White Courthouse in Denver.

United States Court of Appeals for the Eleventh Circuit

Comments Closed for Proposed Changes to Addendum Four

In Addendum Four, the Court lays out its Criminal Justice Act plan for providing adequate representation to indigent litigants in certain cases. The Addendum describes the circumstances and rates of compensation of attorneys representing Eleventh Circuit litigants under the CJA.

The proposed revisions generally clarify existing standards, but also revises certain important deadlines.

Comments to the proposed changes closed on May 5th.

United States Court of Appeals for the Federal Circuit

Notice of New Federal Circuit Rules, Court Forms, Guides, and Filing Resources

The March 1, 2023 amendments to the Federal Circuit Rules go into effect today.  The final version of the Federal Circuit Rules (pdf) is available on the court’s website and will apply to all cases filed or pending on or after March 1, 2023, to the extent practicable.  The court has also adopted changes to many of its official forms, including forms 1, 5, 6, 8B, 9, 9A, 16, 18, 24, 32, and 33. These forms should be used, as required, for any filings made on or after March 1, 2023.  All updated and existing forms are located on the court’s website.

As part of the implementation of these amendments, the Clerk’s Office has issued updated versions of the Electronic Filing Procedures (pdf)Guide for Oral Argument (pdf)Guide for Unrepresented Parties (pdf), and additional content throughout the court’s website.

United States Court of Appeals for the District of Columbia Circuit

The United States Senate recently confirmed President Biden’s appointment of Bradley Garcia as a judge in the D.C. Circuit for the U.S. Court of Appeals. Garcia is the first Latino judge appointed to this circuit. His nomination was confirmed with a 53-40 vote. Garcia served as a law clerk for Associate Justice Elena Kagan in 2012-2013, before joining O’Melveny & Myers, where he worked until 2022. Prior to his appointment, Garcia served as a deputy assistant attorney general with the Department of Justice’s Office of Legal Counsel.