FEDERAL JUDICIAL BRANCH

OVERSIGHT HEARING

BEFORE THE

SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES,
AND THE ADMINISTRATION OF JUSTICE

OF THE

COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

NINETY-NINTH CONGRESS

FIRST SESSION

ON

FEDERAL JUDICIAL BRANCH

47-387 O

APRIL 25, 1985

Serial No. 9

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1985

SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE AdministraTION OF JUSTICE

CONTENTS

WITNESSES

Lively, Pierce, chief judge, Sixth Circuit Court of Appeals.

Prepared statement

Burbank, Stephen B., associate professor and associate dean, University of

Pennsylvania Law School..

Prepared statement

In Re: Complaint of Judicial Misconduct, Ct. Cl. (April 15, 1983).

In Re: Complaint of Judicial Misconduct, JCP 84-012 and JCP 84-014, Judi-
cial Council of the Eighth Circuit (January 24, 1985).....

In Re: Complaint of A.H. Robins Company, Inc. and Complaint of E. Clai-

borne Robins, Jr., et al., JCP 84-001 and JCP 84-002 (December 26, 1984)......

In Re: Complaint of Judicial Misconduct, Rev. Jim Holley and Wolverine Bar
Association, Complainants, No. 84-6-372-08 and No. 84-6-372-10 (March
11, 1985)......

In Re: Complaint of Judicial Misconduct, Leona Weber, Complainant, No. 83–

6-372-01 (November 3, 1983)..

47

58

65

67

93

In Re: Complaint of Judicial Misconduct, Donald Gilbert Smith, Complainant,

No. 83-6-372-06 (November 3, 1983).

94

In Re: Complaint of Judicial Misconduct, Anthony R. Martin-Trigona, Com-

plainant, No. 82-6-372-03 (1982).......

95

In Re: Investigation of Bankruptcy, Judge Mark Schlachet No. 82-6-372-01

(October 19, 1982).

97

United States of America v. George Bennett and United CB'ers of America, No.

81-1553 (6th Cir., 1982)...

98

In Re: Complaint of Judicial Misconduct, United States Judicial Council for

the Ninth Curcuit, No. 82-8089 (May 2, 1984).

101

In Re: Complaint of Judicial Misconduct, United States Judicial Council for

the Ninth Circuit, No. 83-8066 (July 12, 1983)..

104

In Re: Complaint of Judicial Misconduct, United States Judicial Council for

the Ninth Circuit, No. 82-8140 (April 5, 1983)

106

In Re: Complaint of Judicial Misconduct, 700 F.2d 1391 (1983) No. 83-8004..

In Re: Complaint of Judicial Misconduct, United States Court of Appeals for

the Ninth Circuit, No. 82-8089 (May 2, 1984)

107

109

In Re: Complaint of Judicial Misconduct, United States Court of Appeals for

the Ninth Circuit, No. 82-8099 (January 13, 1983)...

110

In Re: Complaint of Judicial Misconduct, 691 F.2d 924 (1982) Judicial Council
of the Ninth Circuit, No. 82-8059, 81-1948, 82-8114, and 81-8008.

111

In Re: Complaint of Judicial Misconduct or Disability Judicial Council of the

District of Columbia Circuit No. 83-1 (August 22, 1983)....

118

In Re: Complaint of Judicial Misconduct or Disability Judicial Council of the

District of Columbia Circuit No. 82-3 (June 30, 1983).

119

In Re: Complaint of Judicial Misconduct or Disability Judicial Council of the

District of Columbia Circuit No. 82-2 (June 30, 1983)

120

In Re: Complaint of Judicial Misconduct or Disability Judicial Council of the

District of Columbia Circuit No. 81-5 (November 25, 1981).....

121

In Re: Complaint of Judicial Misconduct or Disability Judicial Council of the

District of Columbia Circuit No. 81-4 (November 25, 1981).....