chief judge of this circuit never certified that a visiting judge was necessary for this case and the chief justice of the united states never designated him to sit on this case in the absence of those statutory prerequisites jepson had no authority and so this court as the supreme court d judicial duties for which he says he signed including any duty which might be were part of a judge of the quarter district or circuit to or to society and the judges in this district routinely do related cases under the local civil rules so why is that not part of his assignment so absolutely just colored couple of responses to that first doesn't seem to tradition as a frat the probationer would routinely return to the judge who presided over the criminal proceedings in the supreme court held that that didn't matter because what you have to look at is the assignment statute and not because the being decided by local judges now of course the assignment statute understands and appreciates that in certain limited circumstances such as where there's a vacancy by death or disability of a judge or where there is a refusal situation there may be a need to bring a judge from outside the jurisdiction into the like it's quite consistent with a designation for ten numerated cases you say and the whatever goes with that ball of wax and so it seems like it's quite in line with the policy that supports the designation to have a visiting judge use the designated case rule so i have three responses to that first how these are two different sets of he said this case and related cases we need a very different circumstance of course we still have the chief justice needing to assign you know palmer and all related cases so we don't have that here but a legal response my second response is to look to judge kozinski as opinion in the motor fuels litigation case and that was if you'll give me a minute to explain sort of a long procedural history it was a panel in multi district litigation that handled all the pretrial proceedings for a particular case and then under the rules for my district litigation the case is supposed to go back to the average district court for trial there the judge who presided over the multi district litigation convertable slower  when the case was supposed to be remanded to the trial courts in california the judge would presided over the multis district litigation volunteer is that it would be more efficient for me to preside over this case i know it and of the parties i presided over all the pretrial down through certain streets you would not be able to carry a gun but if you cross the street you would be able to i think the honolulu legislature would need to look at that i presume they would do what new york new jersey and maryland did which is to say as that county wide or statewide issue we think that the case the there is no question whatsoever that that designation to perform judicial duties was not qualified in any way judge scullin had the absolute obligation to take wicked cases even if he his performing a digital duties in ram and i thought you were relying on a related case rule or that and he wasn't he wasn't authorized to take related cases and we have evidence that when the chief justice wants to specifically authorized for related case impact on that and that is answered by the new ian case which is the supreme court case from two thousand and four and they survey all the various statements have been made over the years by themselves and other courts an citing were in your favor yes because we have an article three judge judge cohen is an art is a confirmed district court judge he could have been appointed to the statute that allows him to be appointed there is no question that we can still even tomorrow  it for this reason the very fact that such an order is even available the very fact that such an order could have been entered any time suggests that this is a judge who could have been appointed to the case and because he could have been appointed to the case in the district well the lawyer could out on have any time remaining would give you one minute