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B-178360 1 (1973-10-31)

handle is hein.gao/gaobacufe0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20540 October 31 *19 Te hionorabe Roian.I F. Liran- Director A:iistrative Office oi the United States Courts er Pi:. Kirks: Your cletter of ril 2, 197, ith attacsats, requostt ouf decision a0 to wheut approprievioe contained ir: the annal Judiar Appropriatice Act' fot 'travel and *iselaeucep~ee not otherea provided fr incurred y the judiciary, ra litisation costs, ad attorney fes, incurred in representing or daeding Federal 3udges and other Federal judicial officers or entitics in the circumtances considered belou. We av had several discussioa, concerning thisnetter with meors of your staff.* c large, an still groing, nuber of cases have ben brought aint individual judges, district courts, and judicial counclic sn. against a variety of judicisl officers, including referees in banke- ruptcy, clerks United States maistrates, public defenders, court executives, officers of the Administrative Off ice of the united Staten Courts and foree of juries. We understand that the case causing tie mt concern involve jackgec sued, in their of ficisl capacity, by e petitioner or by the Uite States seeking a wr omaf au pursuan: to Rule 21. of the Federal Rules of AplaeProcedure: (FRAT) an 2& L.C. 1651, collaterally attacking the judges' rulings in origiwa actions. See, for e l, o v v atti, 41 L 5025 (June 21 l 7 am~ United beates v. Feguson, 44b F .2d. 16 (197l,) Your General onst in a eorandar dated February 9, 197$, to the Deputy Director of youi Offic< stated 'Surely it would be unconscionable to oec judges and courts sued in their official caprriticf to support the defense by private contributions oc the juagou. It would he equally unconscionable fer a judge to have to rely on the attorney of a private litigant to represent hit and to pay the considerable cost of transcription, printing and the attorneyt travel involved in an pe. on: behalf of the court beiLL 84ed

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