Warren E. Burger

“ On January 24, 1966, Judge Chandler addressed a letter to his fellow district judges indicating that he objected to the removal and reassignment of cases previously assigned and pending before him on December 28, 1965, but that he was not in disagreement with them as to the assignment of all new cases to judges other than himself. Judge Chandler asserted continuing judicial authority, however, over the cases pending before him as of December 28. ”

“ Many courts-including federal courts-have informal, unpublished rules which, for example, provide that when a judge has a given number of case under submission, he will not be assigned more cases until opinions and orders issue on his 'backlog.' These are reasonable, proper, and necessary rules, and the need for enforcement cannot reasonably be doubted. ”

“ The division of business and assignment of cases made herein may be amended or modified by written order signed by all active judges of the Western District of Oklahoma, provided that nothing contained herein shall be construed as preventing Judge Chandler from surrendering any pending cases for re-assignment to another active judge or to prevent transfer between judges to whom new business is assigned pursuant to this order. ”

“ Notes
↑ 28 U.S.C. § 137. 'Division of business among district judges.↑ 28 U.S.C. § 1651. ' (a) The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.'↑ Chief Judge Alfred P. Murrah took no part in the proceedings.↑ The civil suit was an action brought by one O'Bryan charging petitioner with malicious prosecution; the complaint was dismissed by the District Court, aff'd en banc, O'Bryan v. Chandler, 352 F.2d 987 (C.A.10th Cir. 1965) , cert. ”