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Here at English, Lucas, Priest & Owsley (ELPO Law), our primary mission is serving our clients and protecting the community we call home. But occasionally, a legal case comes along that allows us to step onto a larger stage and help shape the very laws that govern our region.

Recently, ELPO Law attorney Aaron Smith had the distinct honor of participating in an en banc oral argument before the U.S. Court of Appeals for the Sixth Circuit.

Because terms like “en banc” don’t exactly come up in everyday conversation, we want to pull back the legal curtain to explain what happened, why it is a massive milestone for our legal team, and how it impacts the broader community.

What is an “En Banc” Hearing? (And why is it a Big Deal?)

When a case is appealed to a federal court, it is typically assigned to a small panel of just three judges. These three judges review the case, listen to arguments, and issue a ruling.

However, in rare and exceptional circumstances, a legal question is so significant, or the existing laws have become so tangled, that a three-judge panel isn’t enough. Instead, the court orders an en banc hearing (a French term meaning “on the bench”).

In an en banc proceeding, the entire roster of active judges on the appeals court sits together to hear a single case. To put its rarity into perspective, less than 1% of federal appeals are ever granted an en banc review. It is a milestone event reserved for the most critical legal turning points in the country.

The Big Question: Bringing Clarity to Local Law Enforcement

The case at hand involves the legal standards used to evaluate jail safety and liability. While the specific legal mechanics are highly complex, the real-world problem is something anyone in our community can understand: the need for consistency and clarity in the law.

Right now, federal courts use two completely different sets of rules to judge a jail official’s liability when an inmate is harmed, depending entirely on that inmate’s status:

• Convicted Prisoners: Evaluated under a standard that looks at whether an official subjectively knew of a massive risk and consciously chose to ignore it.
• Pre-Trial Detainees: Evaluated under a different, more fluid standard regarding what an official “should have known.”

The challenge? Both types of individuals are routinely housed in the exact same local facilities, managed by the exact same local officers. ELPO Law participated in this case, standing before the full bench of judges to advocate for a just, unified standard that properly balances safety and constitutional rights.

Why This Matters to You and Our Community

You might wonder how a technical dispute in a federal appeals court impacts everyday citizens and clients in South Central Kentucky. It comes down to three main reasons:

• Supporting Local Government & Safety: Our local sheriffs, jailers, and deputy jailers face incredibly difficult, demanding jobs every day. When the federal government sets confusing or contradictory rules, it makes operating local facilities nearly impossible. Clear laws lead to safer, better-managed local institutions.
• Upholding Constitutional Integrity: The law should always be predictable. By advocating for a clear standard, we are helping ensure that constitutional protections are applied fairly, uniformly, and exactly as intended—without collapsing into accidental violations.
• A Trusted Voice on the Biggest Stages: Whether we are helping a local business navigate a contract, assisting a family through a difficult personal injury, or standing before the highest judges in the country, our community deserves a law firm with top-tier capability. Knowing your attorneys are trusted to handle high-stakes constitutional law means you can trust us to handle your legal needs right here at home.

Looking Ahead

Participating in an en banc argument is a privilege that few lawyers experience in their careers, and it reflects the deep legal talent we are proud to field every day. As we await the Sixth Circuit’s final decision, we remain committed to keeping you informed, educating our neighbors, and continuing to fight for clarity, fairness, and excellence in everything we do.

Follow us on social media or on our website: www.elpolaw.com for updates regarding this case.

ABOUT THE AUTHOR

Aaron D. Smith

Aaron D. Smith is a partner with the firm English, Lucas, Priest & Owsley, LLP. His practice focuses primarily on litigation working on behalf of both plaintiffs and defendants. However, his core practice involves defense of individuals and businesses in many different types of cases, including medical malpractice, wrongful death and professional negligence.