The Chief Judge of California's Northern District Court last year ordered video tapes of the Prop. 8 trial released. But a 3-judge panel of the 9th Circuit Court of Appeals today disagreed -- and it wasn't close. In a 3-0 decision written by Stephen Reinhardt, the court ruled that Judge Ware "abused his discretion" in releasing the tapes, essentially breaking a promise made by Judge Vaughn Walker, who presided over the historic Prop. 8 trial in 2010.
After the U.S. Supreme Court stopped the trial from being broadcast on YouTube, Judge Walker rejected a request from Prop. 8 backers to shut off the cameras, promising the recordings would only be used in his chambers to help write his decision.
The judges today said "preserving sanctity of the judicial process" required reversing the lower court and keeping the tapes sealed.
A coalition of media organizations, including KQED, joined opponents of Prop. 8 in arguing for transparency and release of the video tapes. Prop. 8 plaintiffs argued that since opponents of same sex marriage also claim Judge Walker was biased and should have revealed he was in a same sex relationship with another man that releasing the trial tapes was even more essential so the public could decide for itself on whether the trial was conducted fairly.
But today's decision surprises no one. At oral arguments in January, the judges indicated their reluctance to essentially go back on Judge Walker's pledge when he kept the cameras rolling.