The U.S. Court of Appeals for the 5th Circuit has adopted a change to its rules. The approved amendment is as follows:
FIFTH CIRCUIT RULE 35.6
35.6 Determination of Causes En Banc and Composition of En Banc Court. A cause will be heard or reheard en banc when it meets the criteria for en banc set out in FED. R. APP. P. 35(a). The en banc court will be composed of all active judges of the court. Any senior circuit judge of this circuit shall be eligible (1) to participate, at his or her election and upon designation and assignment pursuant to 28 U.S.C. § 294(c) and the rules of this court, as a member of an en banc court reviewing a decision of a panel of which such judge was a member, or (2) to continue to participate in the decision of a case or controversy that was heard or reheard by the court en banc at a time when such judge was in regular active service. An election to participate is to be communicated timely to the chief judge and clerk.
The amended rule went into effect on April 3. To view the amended red line version of the rule, go here. To view the complete Rules and Internal Operating Procedures of the 5th Circuit, go here.