United States v. Ralph W. Ross

McCREE, Circuit Judge.

This appeal requires us to determine whether a district court may require an attorney who fails to appear at a scheduled trial date to pay, pursuant to 28 U.S.C. § 1927, 1 the costs of summoning a jury venire of 42 persons. The statute permits a district court to require an attorney to personally satisfy costs when he “so multiplies the proceedings in any ease as to increase costs unreasonably and vexatiously.” We determine (1) that the attorney’s conduct did not “unreasonably and vexatiously” increase costs, and (2) that the expense of the jury is not a “cost” within…