What is an en banc hearing and how does it differ from a typical appellate hearing?

An en banc hearing is a type of appellate hearing that is conducted differently than a typical appellate hearing. In Washington, an en banc hearing typically takes place when a three-judge panel of the Court of Appeals has issued a decision and one or both parties to the decision want the entire court to review the decision. In an en banc hearing, members of the entire Court of Appeals, instead of just three judges, hear the arguments of both sides of the case. During a typical appellate hearing, the parties present their arguments to the three-judge panel and the judges then make their decision. After the decision is made, the parties may appeal the decision to the entire court for a review. This is when an en banc hearing is convened. In an en banc hearing, the court does not merely review the decision made by the three-judge panel, but rather hears the arguments of both sides of the case again. All the judges on the court then decide the outcome of the case, rather than just the three judges that heard the arguments originally. En banc hearings can be highly consequential because the entire court can make a different decision than the three-judge panel. This can have a major impact on how the law is interpreted in Washington.

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What is an en banc hearing and how does it differ from a typical appellate hearing?

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