August 24, 1988
Our Views
Judge's action not in public's interest
A federal judge can't control the weather, but other wise rates as pretty close to godlike in running his courtroom.
U. S. District Judge Howell Cobb has made full use of his substantial power during the current trial and previous proceeding involving suspended Orange County Sheriff James Wade - a bit too full a use.
Last Wednesday, Cobb interrupted testimony of Hardin County Sheriff Mike Holzapfel, cleared the Grayson County Courtroom in which Wade's trial is being conducted, then apparently allowed Holzapfel to continue his testimony before the jury only.
Apparently, a question was raised by Holzapfel concerning requested testimony that involved a pending criminal case in state court. Cobb ordered the courtroom cleared on the grounds that he did not wish to interfere with a state case
The problems with that reasoning are substantial. According to the society of Professional journalists, Sigma Delta Chi, U. S. Supreme Court precedents on open access to criminal trials are clear: trials are supposed to be open.
Perhaps the sensitivity of Holzapfel's testimony was compelling. But based on the accounts of various journalists and broadcasters who were in the courtroom at the time, Cobb simply tilted in favor of Holzapfel's concerns - and against the public's constitutional right of access - without any investigation.
Actually, Cobb's behavior last week was nothing unexpected. He has demonstrated throughout the course of the Wade case that he regards press coverage as a nuisance and the public's right to know as an ephemeral, hardly worthwhile, point.
One of Cobb's first acts after Wade was identified Jan. 29 as the target of an FBI investigation was to slap a gag order on all partied involved in the case. He did that Feb. 3.
Since then, all attorneys, witnesses and court employees have been forbidden to make any comments about the case. The judge went so far as to forbid employees of the federal district court from answering "yes" or "no" questions by telephone about whether specific motions or orders had been filed in the case.
SPJ's state chapter says it plans to file a complaint with U. S. District Judge William Wayne Justice of Tyler, senior judge for the Eastern District of Texas. But actually little recourse exists against someone in Cobb's position.
A federal Judge is accountable only to the U. S. Senate, which may remove a judge through impeachment. That occurs only rarely and for outright illegalities - not matters as trivial s high-handedly closing the trial of Orange County's sheriff to the public.
So Cobb is safe and sitting pretty. Unfortunately, the same cannot be said for the public's interests.
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