Citing efforts to retain "sanctity of judicial process", the 9th Circuit Court of Appeals has ruled that videotapes shot of the Proposition 8 trial will remains sealed: "The integrity of our judicial system depends in no small part on the ability of litigants...the public to rely on a judge’s word..."
Here's a brief section I pulled from the ruling:
Interpreted in their full context, at least two of Chief Judge Walker’s statements amount to unequivocal assurances that the video recording at issue would not be accessible to the public. No other inference can plausibly be drawn from the record. First, following the Supreme Court’s issuance of a stay against the public broadcast of the trial, Chief Judge Walker stated in open court that he was going to continue “taking the recording for purposes of use in chambers,” but that the recording was “not going to be for purposes of public broadcasting or televising.” It would be unreasonable to expect Proponents, upon reading the Supreme Court’s opinion andhearing Chief Judge Walker’s statement in response, to foresee that a recording made for such limited purposes might nonetheless be released for viewing by the public,either during or after the trial. Had Chief Judge Walker not made the statement he did, Proponents would very likely have sought an order directing him to stop recording forthwith, which, given the prior temporary and further stay they had just obtained from the Supreme Court, they might well have secured.
Read the ruling, AFTER THE JUMP...
Our legal expert Ari Ezra Waldman will have analysis as soon as he can take a closer look...
11-17255 #73 - Decision