Legal News

The Revolution Won?t be Televised, But the Prop. 8 Trial Might Be

By Ashby Jones

Cameras in the courtroom? Part of us thought we’d be pushing daisies before we we’d ever be able to toggle on our televisions between Friday Night Lights and coverage of a federal trial. But lo and behold, that day might be arriving soon. Like early-next-year soon.

The news: The Ninth Circuit on Thursday approved an experimental program that could lead to TV coverage of a lawsuit challenging California’s same-sex marriage ban. Yes, that lawsuit, the one that stands to star heavyweights Ted Olson and David Boies. Click here for the S.F. Chronicle story; here for previous LB coverage of the Prop. 8 lawsuit.

Appeals court Chief Judge Alex Kozinski said the idea is to improve “public understanding of our judicial processes and (enhance) confidence in the rule of law.”

In consultation with Kozinski, the chief judge of each district court would choose cases in which cameras will be admitted. They would not, however, be allowed in criminal cases or in jury trials. The San Francisco judge presiding over the trial, Vaughn Walker, has said he may approve TV coverage of the trial, scheduled to start Jan. 11.

Lawyers for the plaintiffs challenging the constitutionality of Prop. 8 told Walker in October that they would not object to television coverage. But sponsors of Prop. 8, however, protested that allowing cameras was contrary to national court policy and a potential threat to trial participants.

The appeals court’s new policy does not require the trial judge to obtain consent from both sides for television coverage, said court spokesman David Madden.

Full post as published by Law Blog - WSJ.com on December 18, 2009 (boomark / email).