Rule 1.2.2 says (as amended per a pending pull request): "Judges may choose one party's proposed remedy or dismiss the suit but shall not order any other remedy."
Because that rule allows a judge to vote to dismiss a case rather than merely choosing one of the parties' proposed remedies, the threat of a hung panel looms. For example, one trial court judge might choose the plaintiff's proposed remedy, one might choose the defendants, and the third might choose to dismiss. This proposed fix requires a majority vote only to choose a remedy, else dismissal results: "Judges may choose one party's proposed remedy by majority vote or dismiss the suit but shall not order any other remedy."
Rule 1.2.2 says (as amended per a pending pull request): "Judges may choose one party's proposed remedy or dismiss the suit but shall not order any other remedy."
Because that rule allows a judge to vote to dismiss a case rather than merely choosing one of the parties' proposed remedies, the threat of a hung panel looms. For example, one trial court judge might choose the plaintiff's proposed remedy, one might choose the defendants, and the third might choose to dismiss. This proposed fix requires a majority vote only to choose a remedy, else dismissal results: "Judges may choose one party's proposed remedy by majority vote or dismiss the suit but shall not order any other remedy."