In May 2006, one of the shining stars of the entire federal appellate judiciary, and of the U.S. Court of Appeals for the Third Circuit in particular, passed away. One of the many things that distinguished Judge Edward R. Becker from his many colleagues was the extent to which he valued the benefit of appellate oral argument. At the Third Circuit, a case will be scheduled for oral argument if any one of the three judges on a panel desires it. And when Becker was on a panel, invariably many more cases would be scheduled for oral argument than otherwise would be the case.
Statistics showing the rate at which the Third Circuit’s judges are requesting oral argument are available by year for the 10-year period ending September 30, 2011. Becker served as the Third Circuit’s chief judge until he opted for senior status in May 2003. On taking senior status, a judge ordinarily is assigned to fewer oral argument days per year.
