Oaths of Office

JHJ2040 · #1 08-14-2008, 10:15 PM

I recently sent a FOIA request to the DOJ about the oaths, proper filings of such, and the appropriate appointment affidavits for the 14 US District Court Judges for the Northern District of NY. My interim response was a little unusual. The DOJ says that they can search for the requested info for the "District" judges, but the "Magistrate" judges, of which (7) are included in the District - fall under the Administrative Office of the United States Courts. Now get this, I quote "As the AOUSC is an entity within the judicial branch, it is not subject to the FOIA." Go figure. As far as I know the magistrates are elected by a panel of which the "District" judges are a part of. So, how is it that no information is obtainable when they fall under the "District" judges and the District Court? If you go the the government's own website http://www.whitehouse.gov/government/judg.html the United States Federal Courts link will take you to the site to access the US District Courts. Was just wondering if anyone else can shed some light on this seemingly "ass-backwards" system? I plan on responding to their "interim response" letter and asking what the hell their talking about, but was waiting to see if others had some thoughts.

JHJ

David Merrill · #2 08-15-2008, 04:50 AM

Quote:

Originally Posted by JHJ2040

I recently sent a FOIA request to the DOJ about the oaths, proper filings of such, and the appropriate appointment affidavits for the 14 US District Court Judges for the Northern District of NY. My interim response was a little unusual. The DOJ says that they can search for the requested info for the "District" judges, but the "Magistrate" judges, of which (7) are included in the District - fall under the Administrative Office of the United States Courts. Now get this, I quote "As the AOUSC is an entity within the judicial branch, it is not subject to the FOIA." Go figure. As far as I know the magistrates are elected by a panel of which the "District" judges are a part of. So, how is it that no information is obtainable when they fall under the "District" judges and the District Court? If you go the the government's own website http://www.whitehouse.gov/government/judg.html the United States Federal Courts link will take you to the site to access the US District Courts. Was just wondering if anyone else can shed some light on this seemingly "ass-backwards" system? I plan on responding to their "interim response" letter and asking what the hell their talking about, but was waiting to see if others had some thoughts.

JHJ

I want that. Please run it through Paint; block and delete your name and address but leave as much as you are comfortable with and attach it.

You did not get any copies of the judges' or magistrates' oaths, did you? Just a runaround?

Regards,

David Merrill.

JHJ2040 · #3 08-15-2008, 09:43 AM

David,

No I haven't received anything as of yet. They said in
their interim response letter that they can't meet the 20 + 10 day timeframe as required by statute. They also asked me to perhaps "narrow" my request so as not to impose any further delays.
I can redact my info from their response letter.
That's the letter you are referring to that you would like?
I also have the original FOIA request letter I submitted to them.

JHJ