"Adverse judicial orders are a reality for every lawyer. The possible responses range from acceptance, to appeal, to downright anger in the case of orders that, in the lawyer�s mind, are unduly harsh or critical. Rarely, though, does a lawyer take the extraordinary step of seeking the judge�s removal from a case based on an adverse ruling.

Yet that is precisely what the U.S. government recently did, and last month the U.S. Court of Appeals for the D.C. Circuit gave the government exactly what it wanted. A unanimous panel of the D.C. Circuit ordered the removal of U.S. District Judge Royce Lamberth from Cobell v. Kempthorne, the decade-long litigation over the federal government�s admitted mismanagement of American Indian trust accounts.

For some, particularly the government parties and their lawyers, this decision undoubtedly is seen as a victory. In my view, it�s nothing short of a tragedy. Not only is the court�s July 11 removal order wrong, but it also threatens to damage the essential independence of this nation�s federal judiciary."

Get the Story:
Peter B. Rutledge: A Judgment Call (The Legal Times 8/7)

Senate Indian Affairs Committee Statement:
INDIAN AFFAIRS COMMITTEE POSTPONES CONSIDERATION OF TRUST REFORM LEGISLATION (August 2, 2006)

Indian Trust Reform Act:
S.1439 | H.R.4322

Relevant Links:
Senate Indian Affairs Committee - http://indian.senate.gov
Indian Trust: Cobell v. Kempthorne - http://www.indiantrust.com
Office of Special Trustee - http://www.ost.doi.gov
Cobell v. Norton, Department of Justice - http://www.usdoj.gov/civil/cases/cobell/index.htm

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