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Want to keep up with backlog news? First Name. Last Name. West Virginia Wisconsin Wyoming. The Court further stated:. Citation omitted. In further explication of the requirements for closure, the Supreme Court stated:. The First Amendment right of access cannot be overcome by the conclusory assertion that publicity might deprive the defendant of that right [to a fair trial]. And any limitation " 'must be narrowly tailored to serve that interest. We will deal with the disqualification and conflicts issues separately, treating disqualification first.
The defendants filed the motions and affidavits of bias against Judge Aldrich pursuant to 28 U. Section neither provides nor hints that the motion or affidavit should be sealed or that disqualification hearings should be closed.
The fact that a judge is not required to give a reason for recusal is beside the point. Often judges recuse themselves sua sponte. In such a case there is no record; the judge withdraws for reasons that he or she considers sufficient. However, when a judge is disqualified as the result of an affidavit of bias, there is a record, and we believe the public is entitled to access.
We know of no tradition that hearings on motions to disqualify for bias are closed and that all documents pertaining to such motions are sealed. To the contrary, such proceedings are usually held in open court, and even when the judge recuses himself, he usually puts a statement on the record disclaiming any bias and stating that he removes himself in order to permit the case to proceed without the distraction of a controversy related to the judge.
We have surveyed reported Sixth Circuit cases involving the disqualification of judges from to and have not found one in which the proceedings were closed or the record sealed. See Saunders v. Piggly Wiggly Corp. Conlan, F. A case involving an attempt to disqualify a judge for alleged antipathy toward an attorney was decided on an open record in Gilbert v. City of Little Rock, Ark. We believe there is clearly a tradition of accessibility to disqualification proceedings.
We also believe that disqualification proceedings pursuant to a motion of one or more parties satisfy the second Press-Enterprise II consideration--public access does play "a significant positive role" in such proceedings.
As the court stated in United States v. Chagra, F. Criden, F. When a judge's impartiality is questioned it strengthens the judicial process for the public to be informed of how the issue is approached and decided.
We conclude that both threshold criteria were satisfied and that there is a qualified right of access to documents and records that pertain to a proceeding in which one or more parties seek to disqualify a judge for bias pursuant to 28 U. We emphasize that this ruling does not require a judge to make any record when he or she recuses sua sponte.
The government's motion for an inquiry into attorney conflicts in interest was filed, at least in part, pursuant to Rule 44 c , Fed. Whenever two or more defendants have been jointly charged pursuant to Rule 8 b or have been joined for trial pursuant to Rule 13, and are represented by the same retained or assigned counsel or by retained or assigned counsel who are associated in the practice of law, the court shall promptly inquire with respect to such joint representation and shall personally advise each defendant of his right to the effective assistance of counsel, including separate representation.
Unless it appears that there is good cause to believe no conflict of interest is likely to arise, the court shall take such measures as may be appropriate to protect each defendant's right to counsel. Foster, F. In Foster the court stated:. There may be unusual circumstances where, to avoid the possibility of prejudicial disclosures to the prosecution, the court may exercise its discretion to pursue the inquiry with defendants and their counsel on the record but in chambers.
The reference to "unusual circumstances" indicates to us that in the ordinary case inquiries into conflicts of interest by attorneys should be held in open court, and that this is the traditional method of conducting such inquiries. We also conclude that there is a significant positive role to be played by having such proceedings conducted in open court.
From such proceedings the public is informed of the seriousness with which the Sixth Amendment right to counsel is treated and of the meticulous inquiries that are undertaken by the court to be certain that defendants understand their right to independent counsel with undivided loyalty to the client's cause. Thus, as with the disqualification issue, we conclude that proceedings inquiring into conflicts of interest by attorneys meet and satisfy the requirements of a qualified First Amendment right of access.
Although not "like a trial," in the sense of a preliminary hearing such as the court considered in Press-Enterprise II, both proceedings do require the court to make factual determinations and to apply settled legal principles in order to rule.
In addition, resolution of the issues presented in both types of proceedings, has a significant bearing on all subsequent proceedings in a case, particularly on the trial itself. Having determined that there is a qualified right of access to the materials, our next inquiry is whether this case presents those "limited circumstances in which the right of the accused to a fair trial might be undermined by publicity.
The district court held that the materials submitted in both proceedings would engender publicity that would be prejudicial to the defendants' right to a fair trial. The court also stated that no alternative to sealing existed that would preserve the defendants' rights. We do not believe that the district court's findings satisfy the requirements set out in Press-Enterprise II.
While the district court used the language of that opinion, it did so in a conclusory manner. It did not make "specific findings The conclusions that these are the conditions in this case are not supported by any specific findings "demonstrating" that this result would follow from unsealing the materials.
NBC urges us to conduct an independent appellate review since the entire record is before us. However, we believe the required findings should be made first by the district court, which has lived with this case for months and is familiar with all the issues.
However, we do set forth some guidelines to be followed in making the determination. At the urging of Presser's attorney the district court appears to have concluded that all publicity is prejudicial to a defendant's right to a fair trial. This assumption is not tenable. Stuart, U. In response to the wide press coverage, during the pretrial period, the trial judge ordered all documents to be filed in camera and sealed.
The Court of Appeals found that this order violated the public's First Amendment right of access and ordered the records unsealed unless "sufficiently specific" findings were made on a "document-by-document basis. United States District Court, F. The media coverage, much of it negative, continued. It even included the broadcast of video tapes made by the government during its investigation of DeLorean.
Yet, in the end, the jury acquitted this highly-publicized defendant. It is significant that voir dire in some of the most widely covered criminal prosecutions has revealed the fact that many prospective jurors do not follow such news closely and that juries can be empanelled without inordinate difficulty. Myers, F. Mitchell, F. Nixon v. Warner Communications, Inc. As the court noted in a different Watergate prosecution, "[t]his may come as a surprise to lawyers and judges, but it is simply a fact of life that matters which interest them may be less than fascinating to the public generally.
Haldeman, F. In the present case the materials submitted in support of the motion to disqualify Judge Aldrich do not relate to the defendants in any way, much less do they bear on the guilt or innocence of the defendants on the charges in this case.
These materials concern a longstanding public feud between Judge Aldrich and members of the law firm representing Presser and Hughes. Much of the material consists of press accounts of charges and counter-charges over a three-year period.
It is difficult to see how a rehash of these materials will lead to the deprivation of the defendants' right to a fair trial. Any order continuing these materials under seal must be extremely narrowly tailored.
The materials related to the alleged attorney conflicts of interest present some different considerations. To the extent that these materials concern attorneys in the case rather than the defendants, they resemble those filed with the motion to disqualify Judge Aldrich.
Insofar as the motion seeks to point out the danger of conflict and prejudice from dual representation, it calls for Rule 44 c proceedings which should be unsealed. The materials contain nothing of a derogatory or unusual nature.
Other materials submitted in connection with this inquiry appear to require closer scrutiny. Camino talked sports from his kitchen. And what a kitchen. It was spotless and minimalistic.
But not one speck of, well, anything resembling dirt or grime. He and his family — wife Marissa and sons Giovanni and Rocco - live in Twinsburg. Each week we survey a notable Clevelander about where they like to eat in Northeast Ohio. This is a tough question, because we enjoy going out to eat at a variety of different places. Menu is fantastic, love the atmosphere, too.
Favorite dish you have ordered from anywhere? It was part of Hyde Park Restaurant Group. His potato gnocchi in tomato cream sauce is top-notch, too. Favorite dish to make at home?
But my wife Marissa is incredible in the kitchen. Right up there with Nana Camino and my mom. Obviously we do a lot of Italian in our house. But we do have variety. Recently Marissa started doing Chicken Tikka Masala over rice with naan bread, which is an Indian dish. We also enjoy good Chinese food.
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