NEBRASKA v. WYOMING
No. 108, Orig.
ON MOTION OF THE SPECIAL MASTER FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES
Per curiam opinion.
The Court by order dated April 20, 1992, awarded the Special Master interim compensation and reimbursement of expenses. The Court also allowed the parties and the proposed intervenors/amici to comment further on the Special Master's suggestion of a one-time Special Assessment of costs to the intervenors/amici.
Although different arguments have been advanced as to the appropriate amounts to be assessed, no party or proposed intervenor/amicus has objected to the propriety of including nonobjecting amici in the assessment. We therefore do not reach the issue, deeming the parties to have agreed with the procedure. The Special Master found that the proceedings were expanded and made more costly by reason of amici participation, and the amici presumably acknowledge this to be the case. In light of these considerations, the interim award to the Special Master shall be paid as follows:
Because I do not believe that the Court has authority to assess costs against nonparties, I respectfully dissent from the order to the extent it provides for an assessment against amici curiae. 1 I do not think that it is proper for the Court to justify its exercise of this authority on the basis of the amici's failure to object, especially when the assessment is for an interim payment to the Special Master in the course of an ongoing proceeding. 2
[ Footnote 2 ] Cf. 2 Administrative Office of the United States Courts, Guide to Judiciary Policies and Procedures, Judicial Code of Conduct, Canon 3(C)(1)(a)-(e) and 3(D), pp. 1-7, I-9 (1990) (limiting circumstances in which parties may waive judicial disqualification).