Idaho ex rel. Evans v. Oregon
Headline: Court appoints a senior judge as Special Master to manage filings, gather evidence, summon witnesses, issue subpoenas, and let parties bear the master’s expenses during this case’s proceedings.
Holding: The Court ordered that Senior Judge Jean Sala Breitenstein be appointed Special Master with authority to fix filing schedules, summon witnesses, issue subpoenas, take evidence, report as needed, and have expenses charged to the parties.
- A senior judge can summon witnesses and issue subpoenas to gather evidence.
- The Master’s actual expenses and related costs can be charged to the parties.
- The Chief Justice can appoint a replacement during Court recesses with full authority.
Summary
Background
The Supreme Court appointed the Honorable Jean Sala Breitenstein, a Senior Judge for the Tenth Circuit, to serve as Special Master in this case. The order gives him responsibility to set times and conditions for additional filings and to direct further proceedings, but the opinion text does not identify the parties or the underlying dispute.
Reasoning
The Court authorized the Special Master to summon witnesses, issue subpoenas, and take evidence that he considers necessary. He may file reports as he deems appropriate. The order also permits the Master to determine the timing and conditions for further pleadings and to direct subsequent steps in the case. The text does not explain the Court’s detailed reasoning for choosing this particular judge or for every specific power granted.
Real world impact
Practically, a court-appointed judge will manage how evidence is gathered and hearings proceed, and witnesses can be formally required to appear. The Master’s actual expenses and costs for assistants and printing his report will be paid and charged to the parties in proportions the Court later sets. If the Special Master’s post becomes vacant while the Court is in recess, the Chief Justice may designate a new one with the same authority. The order focuses on organizing and staffing the fact-finding and administrative work needed to move the case forward.
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