No release of Prop 8 trial videotapes

by on February 2, 2012  •  In Uncategorized

The Ninth Circuit ruled today that District Judge James Ware (who replaced retired Judge Vaughn Walker) abused his discretion by ordering the public release of videotapes made of the trial in which the constitutionality of Prop 8 was successfully challenged.

The unanimous opinion, written by Judge Stephen Reinhardt, was limited to the specific facts of this case, and ventured no position on the broader questions of public access to judicial proceedings by electronic means. The court stated that "The trial judge [Walker] on several occasions unequivocally promised that the recording of the trial would be used only in chambers and not publicly broadcast…[T]he integrity of the judicial process is a compelling interest that in these circumstances would be undermined by the nullification of the trial judge's express assurances…"

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