United States DC Circuit
In re: Kempthorne, 03-5288
In a matter arising from litigation involving the Department of Interior's alleged mishandling of certain Individual Indian Money trust accounts, a petition for writ of mandamus seeking to disqualify a special master and suppress certain reports is granted where the master had hired a employee who was not a disinterested source, which created a situation in which his "impartiality might reasonably be questioned."
Appellate Information
- Argued 10/14/2005
- Decided 06/09/2006
- Published 06/09/2006
Judges
- Before: GINSBURG, Chief Judge, and HENDERSON and RANDOLPH, Circuit Judges.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Thomas M. Bondy, Attorney, U.S. Department of Justice, argued the cause for petitioner. With him on the briefs were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, Robert E. Kopp, Mark B. Stern, Alisa B. Klein, Mark R. Freeman, and I. Glenn Cohen, Attorneys. Charles W. Scarborough, Attorney, entered an appearance.
- For Appellees:
- Mark I. Levy argued the cause for respondents. On the brief were Dennis M. Gingold, Elliott H. Levitas, G. William Austin, III, and Keith M. Harper.