Read on Twitter
With a fair bit of chatter about collegiality on the federal courts of appeals (I see you, @espinsegall and @jadler1969), a quick thread about norm-building and the power of the Chief Judge (mini 
). (1/x)
). (1/x)
Because we tend to focus on the decisions that the courts reach, it is easy to overlook all of the choices that are made behind the scenes that impact how judges will interact. For example, what happens when a new judge joins the court? (2/x)
Will the Chief Judge sit down with him or her and stress the importance of collegiality? Will there be a dinner held in his or her honor, hosted by the next most junior judge? From there on out, will there be regular dinners before sittings (including en bancs) and retreats? (3)
There is significant variation across the circuits on these points. Some of this variation stems from the differences between the circuits. E.g., the 4th Circuit judges can have dinner together before sittings because they are all together in Richmond for their court week. (4/x)
(By contrast, most other courts have what we might think of as rolling sittings, and are not all together at the same place at the same time.) (5/x)
Size, of course, is another prime difference. There are, if we include senior judges, currently 50 judges on the 9th Circuit (!). Bringing all of the judges together means something quite different for that court when compared to, say, the 1st Circuit. (6/x)
Some of this variation simply comes from the existing customs and norms of each court. There are certain traditions that can bring judges closer together (e.g. having dinners when judges join the court or when judges go senior) - and some courts have more of them in place. (7/x)
And some of this variation comes from who occupies the Office of the Chief Judge. Chief Judges can play a major role in shaping the culture of a court (just look at Judge Harry Edwards and how he improved the collegiality of the D.C. Circuit). (8/x)
I am exploring some of these topics with Judge Jon O. Newman in a forthcoming article with @PennLRev on the Office of the Chief Circuit Judge. (There is always a judicial administration paper for everything!) (Fin)
