A. An emergency appellate panel of the Emergency Appellate Division may be activated upon request of the Presiding Judge of the Court of Criminal Appeals when the Chief Justice of the Supreme Court declares an emergency to exist. For purposes of this section, “emergency” means any situation in which there are pending in the office of the Clerk of the Court of Criminal Appeals more than one hundred (100) regular felony appeals at issue. For purposes of this section, “at issue” means a case in which responses from both the appellant/petitioner and appellee/respondent (if such response is necessary) have been filed with the Clerk.

B. In the event an emergency is declared, the Presiding Judge of the Court of Criminal Appeals shall appoint emergency appellate panels of three (3) judges each from the judges chosen by the Chief Justice of the Supreme Court, select a Presiding Judge, and assign to each emergency appellate panel such cases as the Court of Criminal Appeals deems necessary. At least two judges from each emergency appellate panel must concur in any decision. The Court of Criminal Appeals may prescribe by rule where each emergency appellate panel shall sit and how each panel shall conduct its business and practice before it. The Court of Criminal Appeals shall monitor cases assigned to the Emergency Appellate Division to ensure a timely completion of cases assigned. Cases assigned to the Emergency Appellate Division shall be disposed of within ninety (90) days after assignment or returned to the Court of Criminal Appeals for further assignment resolution.

C. The Presiding Judge of the Court of Criminal Appeals shall determine the number of emergency appellate panels necessary and no emergency appellate panels may be created nor cases assigned to an emergency appellate panel when the number of unassigned regular felony appeals at issue before the Court of Criminal Appeals falls below one hundred (100).