Federal Circuit Reintroduces Visiting Judges to Address Caseload Surge and Personnel Needs
The Federal Circuit has resumed the practice of utilizing visiting judges to manage its increasing caseload and address personnel shortages. In 2026, approximately 17% of the court's merits decisions, which include opinions and Rule 36 judgments, have involved a panel that included a judge from another court sitting by designation. This marks a significant change, as the court had not used visiting judges on any merits panel for over five years prior to 2024. The reintroduction of visiting judges comes as the court faces a substantial increase in the time it takes to reach a decision, with the wait-time from docketing to decision nearly doubling from about 11 months in 2021 to over 21 months in 2026. This situation is exacerbated by the fact that only 11 of the court's 12 active judges have been sitting since March 2023, due to Judge Newman being barred from hearing cases. Additionally, the court's senior judges are handling a smaller proportion of decisions compared to previous years.
