What is an en banc hearing and how does it differ from a typical appellate hearing?
An en banc hearing is an appellate hearing that is chaired by all the judges of a particular circuit or court of appeals. This is in contrast to a typical appellate hearing, which is heard by a smaller panel of judges. The purpose of an en banc hearing is to ensure that all the judges of a court have an opportunity to consider and decide a particular matter. In Alaska, en banc hearings are relatively rare but have been known to occur. These hearings are held when the court or the parties involved in a case believe it is important to provide the entire court with the opportunity to consider and decide the matter and hear arguments from both sides. For example, if a case raises an issue of statewide importance, or an issue of state law, the court may decide to consider the matter as a whole. In an en banc hearing, all the judges of the court are present and all participate in the hearing. In contrast, a typical appellate hearing is heard by a panel consisting of only three judges. Therefore, in an en banc hearing, the court has the ability to solicit views from all the judges and provide a more thorough and balanced consideration of the matter. En banc hearings are more complex and require greater preparation and resources than a typical appellate hearing. However, by providing all the members of the court with the opportunity to consider a case, en banc hearings provide a more thorough and balanced consideration of the issue and a better chance of making a more just and fair decision.
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