The bar sent out an email last week seeking comments on a proposal by the federal court judges in the Northern District of Mississippi to eliminate divisions:
The judges of the Northern District have requested that the circuit council recommend to the Judicial Conference of the United States and the Congress that Congress rescind 104, thus leaving the Northern District without statutory divisions. The effect of such action would arguably allow the judges of the Northern District to conduct trials and other proceedings in a case at any place where court is authorized to be held in the district, regardless of where the action is filed.
I cannot tell what the practical effect of the change would be, but my initial reaction is not positive and I have a lot of questions. Under the proposed change how would potential jurors be summoned and from where? Also, how would the trial location be selected? Would the trial always be at the courthouse where the assigned judge has his or her chambers? Will parties and lawyers from one area of the district have to go to another area to try a case just because that is where the judge is? Then, will the Southern District make the same proposal? If we’re going to do this why do we need federal courthouses all over the state? Why not have one in the Southern District and one in the Northern District?