Must All Judges of Appellate Court Vote on Motions Seeking 'En Banc' Review of Three-Judge Panel's Decision

Or May Panel That Issued Original Ruling Decide Whether En Banc Review Required?

State of Ohio v. Al E. Forrest, Case nos. 2012-0415 and 2012-0416

Tenth District Court of Appeals (Franklin County)

ISSUE: When a litigant who has received an unfavorable decision by a three-judge panel of a court of appeals moves for en banc reconsideration (collective review of the decision by all judges of the court) under App. R. 26(A)(2), does the rule require that all non-recused judges of the court must vote on the motion to grant or deny en banc review, or may the court delegate authority to consider the motion for en banc review to the three-judge panel that issued the original decision?