7th Cir. IOP 9

Expeditious preparation and release of opinions and orders is important not only to litigants ("Justice delayed is justice denied") but also to the operation of the court. Delay in the preparation of or response to opinions means that other judges must re-read the briefs and re-study the record in order to act conscientiously on their colleagues' drafts. Dispatch in circulating drafts and responding to a colleague's circulations therefore reduces duplicative work and improves the quality of justice. With these considerations in mind, the court establishes the following presumptive times for action, anticipating that in most cases judges will take less time but understanding that circumstances may make it imprudent to adhere to these norms mechanically. Every judge should, and may, take the time required for adequate study and reflection.

(a) Responding to drafts circulated by other judges is the first order of business. Every judge should respond by approval, memorandum suggesting changes, or notice that a separate opinion is under active consideration within 14 days of the circulation of a draft.

(b) As a rule, writing separate concurring or dissenting opinions takes precedence over all business other than initial responses to newly circulated drafts. Separate opinions should be circulated to the panel within 28 days after the initial response described in part (a) of this procedure.

(c) Once the opinion has issued, judges should act promptly on any further filings. In particular, members of the panel should vote within 14 days on any petition for rehearing. Under Operating Procedure 5, judges have 14 days to request a response to a petition for rehearing en banc, and 14 days to call for a vote on the petition once the response has been received. Once a judge has called for a vote, all other judges should register their votes within 14 days. Once this time (including extensions described below) has passed, and sufficient votes have been received to grant or deny the petition for rehearing or petition for rehearing en banc, the court will enter an order to that effect without waiting for additional responses.

(d) Each judge should establish a tickler system designed to ensure adherence to these norms. When one chambers does not receive a draft, vote or response within the time presumptively established, judicial assistants or law clerks should inquire. This step not only catches communications lost in transmission but also serves as a backup reminder system.

(e) If the judge believes that more than 28 days (in the case of separate opinions) or 14 days (in the case of other actions), is necessary, the judge should notify the other judges on the panel of the delay and the reasons for it.

(f) If two members of the panel have agreed on an opinion, and the third member does not respond within the time provided by part (a), or does not complete a separate opinion within the time presumptively established by parts (b) and (e), the writing judge should inquire of the third member whether a response is imminent. If further delay is anticipated, the majority may issue the opinion with a notation that the third judge reserves the right to file a separate opinion later.

(g) When the presumptive time for action established by this procedure is 14 days, the time may be extended on notice that a judge is unavailable to act on judicial business. The time specified by this notice is added to the time presumptively established by this procedure.