A federal appeals court panel today overturned a lower court's ruling against Interior Secretary Gale A. Norton that had found her in contempt for failing to fix the department's management of billions of dollars in royalties earned on American Indian land.
A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit decided Ms. Norton could not be held responsible for problems that existed before she joined the department in 2001.
"Because Secretary Norton cannot be held criminally liable for contempt based upon the conduct of her predecessor in office, her contempt conviction cannot stand," wrote Chief Judge Douglas H. Ginsburg, in a sharply worded opinion.
In September, Judge Royce C. Lamberth of Federal District Court here ruled that Ms. Norton and Neal A. McCaleb, assistant secretary for Indian affairs, refused a 1999 order to account for how much money had been raised from oil and mineral, timber and grazing leases over more than a century. The proceeds from that account were to go into a trust fund for the Indians' benefit.
more...........
http://www.nytimes.com/2003/07/19/politics/19NORT.html