US
MAGISTRATE JUDGE
(1970 - 1993)
Judge Harry R. McCue
was appointed full-time US Magistrate Judge on September 15, 1970.
His responsibilities included presiding at all court hearings involving
persons charged with felony offenses from the initial presentment under
Rule 5 through the formal arraignment, Rule 10, and the conduct of the
pre-trial discovery and miscellaneous motions at the omnibus hearing.
His performed duties fell within the purvey of the US Magistrate Judge
and included entertaining petitions for search warrants, arrest warrants,
and any other special request from the Federal law enforcement agencies
in the district. He also conducted trials of misdemeanors and minor
offenses.
(The US Magistrate Judge position was created
to meet the crisis in the courts during this time. The objective
of the pilot program was to provide real assistance to the courts.
In the Southern District of California, the Article III Judges were extremely
burdened and the US Magistrate Judges were given the latitude to explore
new methods along with having great freedom in handling their cases.)
This district become a model for the US
in utilization of US Magistrate Judges. On the civil side, Judge
Harry R. McCue handled thousands of civil cases over his 23 years
on the bench. In 1972 he initiated and approved the concept of settlement
hearings in every civil case. The concept was novel at the time,
however, he was able to settle literally hundreds of cases each year.
Cases settled included: Admiralty, Intellectual Property, Securities Fraud,
Civil Rights, Equity Receiverships, Savings & Loan/Banking, Miller
Act Cases, Patent Cases, and Federal Tort Claims. Under diversity
jurisdiction, he also settled many cases that involved state law throughout
the US.
With reference to the Miller Act Cases,
Judge
Harry R. McCue handled hundreds of such cases requiring him to resolve
disputes between government contractors and the US involving the construction
of military bases, submarine support facilities, barracks and hospitals,
and other Federal construction projects.
Judge Harry R. McCue
was involved in the litigation with the FSLIC, RTC, and FDIC. The
Southern District of California was totally submerged in criminal cases
and it was clear that the civil case load had to be handled in a non-traditional
manner. Since his court was assigned to "heavy duty" civil cases,
it was essential to develop an aggressive program o resolve these cases
in a manner that did not involve the trial courts. This aggressive
settlement program produced immediate results and became the blueprint
for handling civil cases. The parties resolved their differences
with finality and the program initiated a trend that is now known as the
"Alternative Dispute Resolution".
In 1990, Judge Harry
R. McCue was appointed as a Special Master
by the US Ninth Circuit Court of Appeals to mediate a series of cases between
and among the Hopi Tribe, The Navajo Nation, The US, and a class of Navajo
families living on 2.2 million acres of land in Northern Arizona.
These cases were consolidated by the Ninth Circuit and referred to
Judge Harry R. McCue for the purpose of resolving
the century old dispute over the "ownership" and boundaries of the disputed
land. All previous efforts by the Congress of the US and the US Courts
had failed to bring about a peaceful resolution of the on-going conflict
among and between the Hopi and Navajo nations and their people. A
majority of Judge Harry R. McCue's
time through 1993 was spent in living and working with the US Representatives
from the Department of Justice (Peter Steenland) and the Solicitor's Office
in Phoenix (Daniel Jackson), the Hopi Chairman and the Tribal Council,
the Navajo Nation's President, and the leaders of the Navajo Class of Families
subject to relocation.
A global resolution
of the land dispute was achieved, and all parties signed and ratified the
agreement which was implemented by the US Congress. Judge
Harry R. McCue continued as the Special Master
after his retirement in December 1993 until 1995. A recent check-in
with Daniel Jackson in the Solicitor's Office in Phoenix revealed that
the agreement is working well.
Judge Harry R. McCue
has
been involved in other land disputes between and among the US, the Torres-Martinex
Band and the Coachella Valley Water District. He has settled disputes
that have arisen between the Sycuan Indian Tribe, the Manager of Gaming
hired by the Tribe and disgruntled patrons of the gaming casino.
Additionally, Judge Harry R. McCue
has settled a dispute between the Pala Band of Indians over a mine that
is currently being mined by civilians. The vein was discovered in
the 1880's. |