April 14, 2011
By Adam Bink
For those who missed it in the comments yesterday, the Prop 8 proponents are throwing a fit over Judge Walker playing a clip at his Arizona State address. I wrote about it awhile back. He argued for televised court proceedings.
The sponsors of California’s same-sex marriage ban want the now-retired federal judge who declared Proposition 8 unconstitutional to surrender videotapes of the trial that led to his ruling.
Lawyers for supporters of the voter-approved ban also asked the 9th U.S. Circuit Court of Appeals on Wednesday to prohibit former Chief U.S. District Judge Vaughn Walker from playing the recordings for anyone else.
The motion came in response to a talk Walker gave in February at the University of Arizona and rebroadcast on C-Span.
During his presentation, the judge showed a clip from the trial.
The lawyers say that violated a U.S. Supreme Court order and assurances from Walker.
They’re so afraid the public will see what a disaster it was for them, and will see real live testimony about how gay and lesbian couples are discriminated against. It makes me kinda sick that they want to hide the truth.
On February 18, 2011, Judge Walker delivered a speech at the University of Arizona in which he played a portion of the video recording of the cross- examination of one of Proponents’ expert witnesses in the trial of this case. The speech was video taped by C-SPAN, and it was subsequently broadcast on C- SPAN several times beginning on March 22 … The speech is available for viewing on C-SPAN’s website.
By publicly displaying the video recording of a portion of the trial testimony, Judge Walker (1) violated his own order placing the video recording of the trial under seal; (2) ignored the clear terms of the district court’s Local Rule 77-1-3, which prohibits the broadcast or other transmission of trial proceedings beyond “the confines of the courthouse”; (3) contravened the longstanding policies of the Judicial Conference of the United States and the Judicial Council of this Court prohibiting public broadcast of trial proceedings; and (4) defied the United States Supreme Court’s prior decision in this case ruling that an earlier attempt by then- Chief Judge Walker to publicly broadcast the trial proceedings “complied neither with existing rules or policies nor the required procedures for amending them.”
The motion is here on Scribd: