Judicial Conference Strengthens Policy on Random Case Assignment to Prevent Judge Shopping

In a significant move aimed at upholding the integrity and impartiality of the federal Judiciary, the Judicial Conference of the United States has fortified its policy on random case assignment. This new measure restricts the ability of litigants to cherry-pick judges by where they choose to file lawsuits.

The revised policy, which encompasses all civil actions seeking to bar or mandate state or federal actions through declaratory judgment or any form of injunctive relief, mandates judges be assigned through a district-wide random selection process. Judge Robert J. Conrad, Jr., secretary of the Conference, highlighted the long-standing commitment to random case assignment, dating back to 1995. He emphasized that this policy prevents judge-shopping and ensures that cases are not assigned based on the perceived merits or abilities of a particular judge. Instead, it fosters impartiality in proceedings and enhances public confidence in the federal Judiciary.

This development responds to concerns raised by senators, including Senator Thom Tillis (R-N.C.) and the retired Senator Patrick Leahy of Vermont, regarding the concentration of patent cases in single-judge divisions. Chief Justice John G. Roberts, Jr., in his 2021 Year-End Report on the Federal Judiciary, underscored the need to scrutinize judicial assignment practices in patent litigation cases. The subsequent study by the Court Administration and Case Management Committee (CACM) revealed similar issues in bankruptcy and other types of civil litigation, further fueling public debate.

The amendment to the policy acknowledges the risks posed by local case assignment plans that could facilitate judge shopping. It recognizes that the geographical proximity of a court division becomes less relevant when the impact of a ruling extends statewide or nationally. Therefore, the revised policy applies to cases involving state or federal laws, rules, regulations, policies, or executive branch orders.

However, it's important to note that district courts retain the discretion to assign cases to a single-judge division when they do not seek to bar or mandate state or federal actions. Additionally, the CACM committee will provide guidance to all district courts regarding civil case assignment, ensuring uniformity and adherence to the new policy.

The Judicial Conference, comprising 26 members and presided over by the Chief Justice of the United States, serves as the policy-making body for the federal court system. Its biannual meetings address administrative and policy issues affecting the judiciary, reaffirming its commitment to fairness, impartiality, and the rule of law.