Illinois v. Kentucky

1987-03-02
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Headline: Court appoints a senior federal judge as Special Master to manage filings, evidence gathering, and subpoenas, and lets parties share the Master’s expenses while the Chief Justice can reappoint during recesses.

Holding:

Real World Impact:
  • Allows a judge to summon witnesses and issue subpoenas to collect evidence.
  • Makes parties responsible for the Special Master's fees and related costs.
  • Chief Justice can appoint a replacement Special Master during Court recesses.
Topics: special master appointment, evidence collection, subpoenas, court costs allocation

Summary

Background

The Court ordered that Judge Robert Van Pelt, a senior federal judge from Nebraska, be appointed as Special Master in this case. The short order gives him responsibility for managing parts of the case and handling evidence. The order does not describe the underlying dispute or name the specific parties; it refers only to "the parties" who will share costs. The order also notes earlier related orders in the case.

Reasoning

To resolve immediate procedural needs, the Court gave the Special Master authority to set times and conditions for additional filings, direct further proceedings, summon witnesses, issue subpoenas, and accept or gather evidence the Master considers necessary. The Master may submit reports and be reimbursed for actual expenses. The Court directed that the Master's fees, assistants' pay, printing costs, and other proper expenses will be charged to the parties in proportions the Court will later decide. The order also allows the Chief Justice to appoint a replacement if the Special Master position becomes vacant while the Court is in recess.

Real world impact

Practically, the order puts a neutral judge in charge of collecting evidence and running parts of the case, which can speed or structure factfinding. Witnesses may be compelled by subpoena, and parties should expect to share the costs tied to the Master's work. Because this is an administrative, procedural order rather than a final decision on the case's merits, its effects are limited to how the case proceeds now and could change later.

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