California v. Arizona
Headline: Appointment orders a senior federal judge as Special Master, granting authority to manage proceedings, gather evidence, summon witnesses, and charging his expenses and related costs to the parties in the case.
Holding:
- Gives a judge authority to collect evidence and run hearings in this case.
- Makes the parties responsible for the Special Master’s expenses and related costs.
- Chief Justice can appoint a replacement during a court recess.
Summary
Background
The Court appointed Honorable Roy W. Harper, a senior judge for the federal district courts in Missouri, to serve as Special Master in this case. The order gives him the ability to set the time and conditions for additional filings, to direct subsequent proceedings, and to summon witnesses. The Master may issue subpoenas, take evidence, and submit reports as he deems appropriate. The order also notes that his actual expenses will be allowed and that an earlier related order appears at 439 U.S. 812.
Reasoning
The main administrative question was who should handle the practical work of moving the case forward. The Court authorized the Special Master to manage filings and hearings, to gather and take evidence, and to use technical, stenographic, and clerical assistants as needed. The Court specified that the Master’s allowances, the assistants’ compensation, the cost of printing reports, and other proper expenses shall be charged to the parties in proportions the Court will later decide. The order also gives the Chief Justice authority to name a replacement if the Special Master’s post becomes vacant during a court recess.
Real world impact
Practically, this order puts a judge in charge of fact-gathering and procedural steps for the case and makes the parties responsible for the Master’s costs and related expenses. Because this is an administrative appointment about how the case proceeds—not a ruling on the case’s merits—the underlying dispute remains undecided and may still change as the case continues.
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