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and miss witness testimony.
• Young did not have "the cognitive ability" to recognize the parties or attorneys, confusing their names even after several days of hearings; did not take notes or look at the exhibits in the highly technical case; misstated evidence; and repeatedly appeared to doze off during the proceedings, Dustex claims.
• Paul wrote that he clocked Young snoozing for 20 minutes on one occasion and saw him nod off other times, adding that he did not believe Young was competent to serve. Young nonetheless had great influence because the other two members, Jerome Bales of Kansas City, Mo., and Wyatt Hoch of Wichita, Kan., deferred to his decisions on procedural issues, Paul wrote.
• Young, a resident of Rapid City, S.D., didn't return a phone message seeking comment. Hoch and Bales said they were not permitted to comment under the rules of arbitration.
• Dustex said that it reported Young's hearing problems and sleeping to the American Arbitrators Association in February, but did not ask for Young's removal because of the delay and additional expense that would have entailed. Association spokesman Michael Clark declined comment.
• Miron attorney William McCardell, who was present for the hearings, said he did not dispute Dustex's descriptions of Young's behavior. But he said Miron chose to focus on another issue -- that the award conflicted with Iowa's competitive bidding law -- in its appeal.
• Jeff Stone, a Cedar Rapids-based attorney representing Cedar Falls Utilities, dismissed the claims against Young, saying that "all of the parties received a full and fair hearing."
• "Marshall Young is a very well-respected jurist who did an excellent job in the arbitration, as did the other two arbitrators," he said.
• Young's biographer, Don Theye of Rapid City, said Young is a highly respected judge who handled many high-profile cases, including a 1984 heroin possession case involving Bobby Kennedy Jr. and the 1975 trial of American Indian Movement leader Dennis Banks.
• Theye, 82, said that he did not believe Young had significant hearing problems since the two were able to talk easily during his research for the recently published book.
• "As far as dozing off, I don't know," Theye said. "But if I sat in 12 days of bloody hearings, I would doze off, too."
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