Cameras in courtrooms

The Salt Lake Tribune reports today that the Utah Supreme Court allowed a live broadcast of its oral arguments yesterday -- a first. The case involved whether would-be GOP candidate for Salt Lake County mayor Ellis Ivory could be on Tuesday's ballot or had to run as a write-in. It's a good step forward, but Utah trial courts should open themselves up to video cameras as well (currently, still cameras are allowed in Utah trial courts with permission of the judge).

Tribune ranks judges

The Salt Lake Tribune has a very interesting feature called "Judicial Review" in which the newspaper rates judges up for retention election Nov. 2. Part of the rating is based on the number of times a trial judge was reversed or affirmed by an appellate court -- sort of an appellate judicial review scorecoard. While the Trib recognizes the limits of this scorecard system, as explained here, I think it is dangerous to begin judging judges based on whether or not an appellate court changes the law.

Presidential endorsements

Two newspapers' endorsements of President Bush in next week's election have caused a furor in their respective cities. It is baffling to me how anyone can be surprised that the Chicago Tribune endorsed Bush (free registration required), given that the Chicago Trib has endorsed the Republican candidate in every presidential election since at least 1872 (see explanation of the endorsement here). But, nevertheless, the Chicago Trib has received a flood of angry letters to the editor (I heard one Chicago Trib editor on NPR yesterday say there have been 11,000 letters to the editor since Oct. 1, and that's almost twice the normal number).

I'm not surprised, however, that The Salt Lake Tribune's endorsement of Bush has caused a minor furor in Salt Lake City, given the Salt Lake Trib's typically anti-Bush stance.

Constitutional interpretation by 'we the people'

Harvard Law professor Laurence Tribe has a very interesting book review in The New York Times of Stanford Law Dean Larry Kramer's new book, "The People Themselves." Tribe seems to disagree with Kramer that the people (including through legislators) -- not the Supreme Court -- should have the ultimate say on what the Constitution means.

Chief Justice has cancer

The Associated Press is reporting that Supreme Court Chief Justice William H. Rehnquist was admitted to the hospital Friday for thyroid cancer and underwent a tracheotomy Saturday. Although the article chronicles speculation about the Chief's possible retirement from the Court, the article also points to evidence that he intends to stay around: he has hired law clerks through June 2006. Of course, that doesn't mean he (or another justice who has hired law clerks several years in advance) won't retire anyway and just leave those law clerks in the lurch.

"The A-List" of possible Supremes

Stuart Taylor, Jr., has the "A-List" of possible Supreme Court nominees under either President Bush or President John Kerry. There are not many surprises on this list, although it is interesting to note that the majority (13 of 21) of potential candidates are currently serving U.S. circuit judges. The other candidates include law professors and partners at major law firms.

Trib blasts Judge Cassell, 10th Circuit

Earlier this week in a house editorial, The Salt Lake Tribune took to task Utah District Court Judge Paul Cassell for a decision regarding illegal immigrants. The Trib also faulted the U.S. Court of Appeals for the Tenth Circuit for not bringing the hammer down on Judge Cassell.

The editorial begins:

One of those “activist judges” we are so often warned about was in need of a firm rebuke from his superiors, and last week he got one.
It's just too bad that the part of the ruling by Utah U.S. District Judge Paul Cassell that deserved to be annihilated was merely ignored, while the appeals court passed on an opportunity to question a settled matter of law that could stand some unsettling.

In baseball, it's all about stats -- even for the media

The New York Times has compiled all the statistics from Monday night's marathon, nearly six-hour game between the New York Yankees and the Boston Red Sox: 9 runs scored, 471 pitches thrown, 339 replays shown by Fox Sports and 311 crowd shots, including 69 times in which Red Sox faithful looked prayerful.

Educating the candidate

Utah gubernatorial candidate Scott Matheson, Jr., said last night in a debate with his rival, Jon Huntsman, Jr.: "I've always told Jim he should have gone to law school." The quote is at the bottom of this story in today's Salt Lake Tribune. Perhaps Matheson is just recruiting students for the S.J. Quinney College of Law, where he is the dean.

D-News details Rocky relationship with media

The Deseret Morning News published a remarkable article yesterday detailing the "Rocky" relationship of Salt Lake City's mayor, Ross "Rocky" Anderson, with Utah newspapers. Interestingly, while Rocky often complains bitterly about newspaper coverage of him and the city, he rarely does so about television coverage -- largely because he says he does not watch television. With newspaper reporters, though, Rocky has gone so far to complain to their editors and to compile hundreds of pages of documentation of their errors and omissions. He calls the D-News the most divisive force in the community because of its alleged emphasis of the split between Latter-day Saints and other members of the community. Among the article's other interesting tidbits: News Editor John Hughes calling Anderson a liar.

Britney Spears and Utah courts

The Salt Lake Tribune published a story this morning headlined "Britney Spears still mum on suit." It begins this way:

With a grueling tour schedule and the controversy over her recent wedding, it's easy to understand why Utah is a low priority to Britney Spears.
Nevertheless, the pop sensation was ordered Tuesday by U.S. District Judge Paul Cassell to explain why she has failed to respond to a complaint filed against her in Salt Lake City almost a year ago.

Lawyers vs. nonlawyers

Tony Mauro argues in USA Today that there is "No reason to fear a lawyer-president." It is well known that John Edwards is a lawyer, but not many people know John Kerry is also a lawyer, having graduated from Boston College Law School. Mauro also points out that 25 of the 43 U.S. presidents have been lawyers.

Hatch lauded; term as chair of Judiciary Committee ending

The Salt Lake Tribune has a very interesting story today about Utah Senator Orrin Hatch, who was given an award yesterday by Attorney General John Ashcroft in conjunction with the impending end of Hatch's tenure as chairman of the Senate Judiciary Committee. My own research shows that Hatch is the only person in the history of the Committee to have served as chairman on three different occasions.

The most interesting part of the Trib story was a quote from Hatch, who spoke of his discussions with Supreme Court justices:

"I am fond of telling the justices that during their deliberations, just ask yourself, 'What would Orrin have me do?' " joked Hatch.

The second most interesting part of the story was the story about Ashcroft reciting the words of a Latter-day Saint hymn:

The attorney general also recited verses of a hymn popular with members of The Church of Jesus Christ of Latter-day Saints, "Do What Is Right": "Do what is right, let the consequence follow; Battle for freedom in spirit and might; And with stout hearts look ye forth till tomorrow; God will protect you; then do what is right!"
Turning to Hatch, Ashcroft said: "That's a hymn that seems written about you, if not by you."

House: Split Ninth Circuit into three

Idaho Congressman Mike Simpson is happy he was able to get the House of Representatives to pass a measure this week that would divide the Ninth Circuit into the Ninth Circuit (California, Hawaii), the Twelfth Circuit (Idaho, Nevada, Arizona and Montana) and the Thirteenth Circuit (Oregon, Washington and Alaska).

However, California Senator Dianne Feinstein, in remarks on the Senate floor available here, has placed a hold on the bill and thus it appears to have no chance of becoming law.

Blakely day at Supreme Court

Yesterday was "Blakely Day" at the U.S. Supreme Court, which heard oral arguments for several hours in the afternoon about the constitutionality of the federal sentencing guidelines. In honor of the occasion, The Salt Lake Tribune published a story yesterday headlined "Juries might face added duty."

Old news on Griffith

Nothing new in this Salt Lake Tribune story about D.C. Circuit nominee Tom Griffith, but I am giving you the link anyway. The story essentially just catches up on a Washington Post story last week that I discussed here.

News coverage of Utah Court of Appeals

As I noted yesterday, the Utah Court of Appeals affirmed a district court's refusal to hear a Utah County man's challenge to the state's anti-sodomy and anti-fornication laws. The Salt Lake Tribune provided coverage here, while the Deseret Morning News wrote about the opinion here.