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Judge Ware Denies Motion to Vacate Ruling and Motion to Return Trial Recordings

Judge Ware denies the proponents’ motion to vacate Judge Walker’s ruling on the basis of his sexuality.  In his opinion, he writes, “The Court observes that Judge Walker, like all judges, had a duty to preserve the integrity of the judiciary. Among other things, this means that if, in an overabundance of caution, he were to have disclosed intimate, but irrelevant, details about his personal life that were not reasonably related to the question of disqualification, he could have set a pernicious precedent. Such a precedent would be detrimental to the integrity of the judiciary, because it would promote, incorrectly, disclosure by judges of highly personal information (e.g., information about a judge’s history of being sexually abused as a child), however irrelevant or time-consuming.”

Judge Ware formally denies the motion of the proponents seeking an order that would Judge Walker to return his recordings of the Prop 8 trial.  He also sets a hearing date to discuss whether or not the protective order on the recordings should be lifted so that the tapes can be released to the public.  The Prop 8 proponents can appeal Judge Ware’s rulings to the Ninth Circuit for further review.

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