In the Matter of the Investigation of the Administration of the Bankruptcy Court. Appeal of Bankruptcy Judge Gordon Thompson

LAY, Circuit Judge.

This matter comes before us on petitioner, Gordon Thompson’s motion for a stay of the district court’s order of September 27, 1979 effecting his removal as the bankruptcy judge of the District of North Dakota. Thompson was removed under 11 U.S.C. § 62(b), by order of the two active district judges of North Dakota. 1 At the time of his removal hearing held September 26, 1979, Thompson had been hospitalized for 21 days. The district court made the following observation:

Judge Thompson’s physician was called to testify and informed the court that Judge Thompson had been…