I have been reading some interesting articles on the factors that contribute to a court’s or judge’s reversal rate. Because I live in, and litigate cases in, Washington, D.C., where the federal district and circuit court judges occupy the same building, I began to wonder whether there is any correlation between sharing a courthouse and the frequency with which the appellate court reverses the district court. Similarly, I would be interested to know whether workplace proximity affects the frequency with which the appellate court orders a district court judge to recuse him or herself from sitting on a case. The articles I have found do not address this question.
The federal courthouse in D.C. provides district and circuit court judges with lots of opportunity to interact in the elevators, cafeteria, parking lot, gym, and at various courthouse functions (for example, at the annual chili cook off organized by Judge Sentelle, or at the holiday caroling hosted by Judge Henderson). Would these sorts of frequent, casual social interactions change the way the appellate judges review their district court colleagues? I could see it cutting either way. On the one hand, the appellate judges might give a little more deference to that district court judge who seems friendly, sensible, smart, and always remembers to ask after the kids when they run into each other in the hallways. On the other hand, the water-cooler familiarity might lead appellate judges to view some of their lower court counterparts as less reliable and trustworthy than others. Although I doubt workplace proximity is a major factor in reversal rates, I would guess that it plays in a little at the margins.