The federal judge overseeing the Indian trust fund has been cleared of
bias in an unusually bitter war of words with a Washington, D.C., law
professor.
In documents made public July 23, a panel of judges revealed they were
dismissing a series of complaints lodged against U.S. District
Judge Royce C. Lamberth. He had been accused of inflicting a "reign of
terror" on the federal government in his handling of the Cobell case.
But the D.C. Judiciary Council, a panel of Lamberth's peers,
rejected the allegations in a short order dated July 9.
The council upheld an earlier decision written by David B. Sentelle,
an appeals court judge who said the complaint was without
merit and didn't have a cause of action.
Richard J. Pierce Jr., a Georgetown Washington University professor,
"failed to provide any specific evidence that would case a reasonable
observer to doubt the subject judge's impartiality,"
Sentelle wrote on May 17. The professor's charges were also
based on matters that were already decided by the courts,
Sentelle said.
The decision came after Pierce filed a judicial misconduct complaint
and published a law journal review article entitled "Judge
Lamberth's Reign of Terror at the Department of the Interior."
The complaint and the article accused Lamberth of "defamatory
characterizations of numerous government employees," holding
officials in contempt with "no basis in law or fact," threatening
to hold others in contempt and ordering a computer shutdown
"with no adequate basis in law or fact to support that extraordinary
action."
The lengthy missive prompted Keith Harper, a Native American Rights
Fund attorney handling the Cobell case for the plaintiffs,
to challenge Pierce to debate the issue. Although Pierce agreed, the
debate never happened.
In the meantime, Lamberth filed his own 37-page response,
refuting all of the charges. He blasted Pierce for "patent
falsehoods, half truths and statements taken out of context."
"Simply put, the professor doesn't know what he is talking
about and his allegations are entitled to no weight," Lamberth
wrote on April 19.
Among other points, Lamberth said Pierce misstated key facts of
the case, relied on anonymous "friends" within the government
and failed to do "basic" research about legal precedent.
"Seeking disciplinary action against a federal judge is a grave
matter that must be taken seriously," Lamberth observed.
"The facts supporting any charges should be well researched,
thoroughly documented, and carefully considered -- especially
when the charges are filed under a penalty of perjury by a member of
the legal community."
"Professor Pierce had lodged charges against me without benefit of
research, without supporting documentation, and apparently without
considering the consequences of doing so under penalty of perjury,"
he continued.
In a June 1 letter objecting to Sentelle's dismissal, Pierce urged
the Judicial Council to investigate his complaint. He suggested
government lawyers could be called to testify, in private, about Lamberth's
"threats."
"I could tell you so much more about the case," he wrote, quoting
to an email he said was sent by a government employee. "But, like
the unnamed sources in your paper, we are all in fear."
Lamberth has been handling the Cobell case since 1996. Along with his
court officers, two of whom have been forced out, he has been
the frequent criticism by both the Clinton and Bush administrations.
More recently, the Bush administration has tried to force Lamberth off
certain aspects of the case. Attorneys for Interior Secretary Gale Norton
also filed a motion to have the case taken out of the court system
altogether, claiming to have made significant progress.
The plaintiffs and the Interior Department have been in mediation
since the start of the year. The talks have not produced anything
significant to date.
Relevant Documents:
Judicial Council Opinion |
Judge Lamberth's Response |
Abstract: 'Reign of Terror'
Relevant Links:
Indian Trust: Cobell v. Norton - http://www.indiantrust.com
Cobell
v. Norton, Department of Justice - http://www.usdoj.gov/civil/cases/cobell/index.htm
Indian
Trust, Department of Interior - http://www.doi.gov/indiantrust
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