Appeals to the Court En Banc
The court En Banc is Traffic Court’s “supreme court.” Parties who lost their case at either the ex parte or in personam level can “apply for cert” to the court En Banc. By applying for cert, the party lists the reasons it is believed the lower court erred. The accepted reasons can change depending on the court rules. Unlike the right to an initial appeal, there is no right attached for an en banc proceeding. Rather, the Traffic Court officers have complete discretion in deciding which applications to accept and for what reasons they are accepted. Generally, the reasons a petition are granted fall into one of the following categories:
- Misapplication of the court's precedent
- Procedural error (due process)
- Compelling policy considerations
- Clearly erroneous in light of the evidence
- Inadequate representation at an in-person hearing
The En Banc court is not a trial court. This is not a “second chance” to re-try a case, and new evidence is generally not permitted. The En Banc court does not re-weigh equities or re-find facts. Rather, the En Banc court determines whether the lower court decision was supported in fact and consistent with the law or policy goals of the court.
The En Banc court is also not a regulator of University parking policy. The court does not have the authority to force the University to change its procedures or laws. Instead, the court ensures that people parking on campus are treated equitably in light of the University’s right to regulate parking. But the Court does have the power to label a parking regulation as over or under inclusive or that a rule's phrasing as applied to a particular fact scenario creates an ambiguous parking situation.
The En Banc court is considered the final arbiter of appeal decisions, but there is an option of “appealing” a case from the En Banc court to the University Judiciary. The University Judiciary does not regularly entertain hearings out of the En Banc court, with only one case (Drake, 1978) having been reviewed since the Traffic Court was established. However, anyone who wishes to appeal to the University Judiciary or perhaps the formal court system needs to check their respective rules to see if it is possible and how it would be done. Feel free to contact the Traffic Court email for help in this process.
For more information, see the Court En Banc section of the court’s rules of procedure in the KU Policy Library.
To submit a petition for an en banc hearing, please contact Transportation Services via our appeals email to obtain the form.