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FOR IMMEDIATE RELEASE: April 12, 2004

IN WAKE OF SCALIA SPEECH FLAP, SCHUMER & LEAHY PUSH GUIDELINES FOR FEDERAL JUDGES’ PUBLIC REMARKS

Judiciary Committee Democrats Seek Standards For Judges’ Public Appearances After Reporters’ Recorders Seized by Federal Marshals at Scalia Speech

Seizure May Have Violated Reporters’ Constitutional Rights; Steps Must be Taken to Ensure Similar Violations Do Not Happen Again

US Senators Charles E. Schumer and Patrick J. Leahy today sent a letter to Leonidas Mecham, director of the Administrative Office of the US Courts, asking that standards be set for federal judges’ public remarks to ensure that reporters’ recorders and notebooks are not seized after judges’ speeches begin.

Last week federal marshals seized and destroyed recordings that reporters were making of a public speech Justice Antonin Scalia was delivering. According to all reports, neither Justice Scalia nor the marshals nor anyone else told those in attendance that recording devices were prohibited. Nonetheless, the reporters’ recorders were seized, apparently at Justice Scalia’s direction, and their recordings destroyed by the federal marshals protecting Justice Scalia at the speech.

In their letter, Schumer and Leahy wrote: “Justice Scalia reportedly said in his speech that the Constitution is a ‘brilliant piece of work…. People just don't revere it like they used to.’ We could not agree more, but actions speak louder than words. If the seizure of the reporters’ tapes did not violate the letter of the Constitution – and it may well have – it certainly violates the spirit of that ‘brilliant piece of work.’”

“The irony is off-the-charts,” Schumer added. “Federal marshals seizing reporters’ tapes at the direction of a Supreme Court justice is far more meaningful than what Justice Scalia said about the Constitution.”

In their letter, Schumer and Leahy noted that while they believe it is generally better for federal judges to speak on-the-record rather than off-the-record because their remarks shed more light on the least-understood branch of the federal government, they support judges’ rights to speak off-the-record and to ban recordings of their remarks. “However,” their letter noted, “when that right is exercised, it ought to be appropriately communicated to those in attendance – especially the press. The default assumption is – as it should be – that public remarks are open and on-the-record.”

Schumer and Leahy asked the Administrative Office of the US Courts, which serves as the administrative arm of the third branch of government, to establish clear guidelines for judges’ setting the public or private nature of their remarks and the appropriate remedial steps that may be taken when the judges’ requests are not honored.

Schumer serves as the ranking member of the Senate Judiciary Subcommittee on Administrative Oversight and the Courts. Leahy is the ranking member of the Senate Judiciary Committee. Their letter is attached.

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