Kansas v. Colorado
Headline: Court appoints Wade H. McCree Jr. as Special Master with authority to manage filings, gather evidence, and require parties to share his expenses; Chief Justice can name a replacement during recess.
Holding:
- A court-appointed Special Master will control evidence gathering and filings.
- Parties must share the Master's expenses, assistants' pay, and report printing costs.
- Chief Justice can appoint a temporary replacement during Court recesses.
Summary
Background
The Court issued a short order appointing the Honorable Wade H. McCree, Jr., of Ann Arbor, Michigan, as Special Master in this case. The order gives him authority to fix the time and conditions for filing additional pleadings, to direct subsequent proceedings, and to summon witnesses, issue subpoenas, and take evidence. The text does not name the parties; instead it refers to 'the parties' who will ultimately bear certain costs in proportions the Court may later set. The order also allows the Master to submit reports as he deems appropriate.
Reasoning
The core actions authorized by the Court let the Special Master run fact-finding and manage the case's procedural steps. He may call for evidence that is introduced or that he deems necessary. The Master is to be allowed his actual expenses. The order specifies that the amount paid to him, compensation for his technical, stenographic, and clerical assistants, the cost of printing his report, and other proper expenses will be charged against and borne by the parties in proportions the Court decides later. If the Special Master position becomes vacant during a Court recess, the Chief Justice may designate a replacement with the same effect as an original Court appointment.
Real world impact
This order places an independent official in control of gathering testimony and documents and of setting deadlines for further filings. Parties should expect to share the Master's fees, assistant pay, and report costs according to a future Court direction. The Chief Justice's authority to appoint a replacement during recess helps ensure continuity. The order focuses on organizing how the case will proceed rather than resolving the underlying dispute.
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