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Abner J Mikva — Part 1
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Abner Joseph Mikva
Idaho, filed a complaint in United States District Court for the
District of Idaho claiming that Mr. Mikva's nomination,
confirmation, and appointment to the USCADC was in violation of
Article I, section 6, clause 2 of the United States Constitution
(the Ineligibility Clause). The United States District Court
ruled that the plaintiff did not have standing to bring the suit
and the matter was dismissed. This ruling was appealed and
upheld by a United States Circuit Court on May 5, 1981. On
November 9, 1981, the United States Supreme Court affirmed the
prior courts' rulings.
Mr. Mikva also indicated on a supplement to his
application that he has had complaints filed against him in his
capacity as a judge or as chief judge, all of which have been
dismissed. Mr. Mikva was interviewed concerning this matter and
advised that as a judge, professional complaints have been made
against him; however, the complaints have never been against him
personally. He said they would have been made against the whole
court on which he sits, or against a panel of judges on which he
had been a member.
[Jeterk of the Court, USCADC, advised that
his office is the repository for all judicial complaints against
USCADC judges. He said that there are confidentiality
restrictions concerning these complaints, but he could confirm
that complaints are filed against the court o j anel of
judges, and no particular judge. said
. that since he began working for the court in 1992,
Mr. Mikva has no een @€ subject of any complaints. He added
that Mr. Mikva would have been part of some complaints in the
past, but they were all dismissed.
During his interview, Mr. Mikva advised that his only
contact with representatives of foreign countries had been in the
normal course of his official or semi-official duties as a jurist
and/or member of professional organizations. He said he has
never had any personal or continuing contact with any such
foreign representatives. He said that by letter dated August 30,
1994, he resigned his association with the International Center,
the East-West Parliamentary Group, and the Central and Eastern
European Law Initiative of the ABA.
Agency Checks
During the course of this background investigation, the
records of the following entities were checked and found to
contain either no record or no pertinent information concerning
Mr. Mikva, unless otherwise noted in this summary memorandum:
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