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UNITED STATES v. WOODLEY

No. 82-1028.

726 F.2d 1328 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Janet WOODLEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 8, 1983.

As Amended March 8, 1984.

Attorney(s) appearing for the Case

Elliot Enoki, Honolulu, Hawaii, for plaintiff-appellee.

Pamela J. Berman, Honolulu, Hawaii, for defendant-appellant.

Before CANBY, NORRIS and REINHARDT, Circuit Judges.

NORRIS, Circuit Judge:

This case presents a question of substantial constitutional importance: whether a person lacking the essential attributes of an article III judge — life tenure and protection against diminution of compensation — may nonetheless exercise the judicial power of the United States by virtue of a recess appointment made pursuant to article II, section 2 of the Constitution.1 We are thus called upon to address...

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