Partner Hon. David Saxe Proposes an En Banc Procedure for the Appellate Division in am NY

Partner Hon. David B. Saxe (Ret.) published an article in amNY entitled “An En Banc Procedure for the Appellate Division,” in which he addressed an ongoing issue in the Appellate Division. He highlighted how separate Appellate Division panels within the same department often make conflicting judicial decisions based on nearly identical sets of facts. Although it doesn’t happen often, when it does, it causes concern and embarrassment for the court.

To resolve this issue, Judge Saxe, a former Associate Justice in the New York Supreme Court Appellate Division, First Department, suggested establishing an en banc procedure, where all judges in a department would meet to resolve conflicting rulings by sitting together as a single court.

Judge Saxe explained that these conflicts occur because the Appellate Division has outgrown the number of judges originally allowed. With more appeals to handle, the number of judges in the four Appellate Division departments has increased beyond the original five or seven judges. Citing several cases from the First Department, he illustrated how different panels of judges within the same department have reached conflicting decisions.

Saxe said that while establishing an en banc procedure would require a constitutional amendment, it would help ensure consistent decisions across the four Appellate Division departments, offering a much-needed and effective solution to a small but persistent problem.

Read the full article here.