The Prop 8 trial is on recess while Judge Vaughn Walker reviews the document, but that recess was interrupted by a hearing that ended quite dramatically.
The background of the hearing was that the “Yes on Prop 8” people were ordered by the Ninth Circuit to turn over certain campaign materials; they then subpoenaed documents from “No on Prop 8” groups who were also ordered to turn over the requested documents, this time by a magistrate judge, Legal Pad reported.
Orrick partner Stephen Bomse was arguing on behalf of the No on Prop 8ers, arguing that Vaughn should overrule the magistrate judge’s ruling. Walker “hammer[ed]” Bomse throughout the hearing, during the entirety of which the judge “appeared completely unsympathetic” to the No side’s argument.
The No side, Walker said, had not submitted anything that showed evidence of “clear error” by the magistrate, which is the standard to overrule the original decision.
After an hour and a half, Vaughn apparently grew weary of the hearing. Bomse was beginning a sentence when Vaughn said, “Thank you very much” and strode off the bench, Legal Pad said.
It’s never a good day in court when the judge heads to chambers while you are still arguing for your side. At least Bomse & Co. will not lose sleep wondering which way the judges’ decision will go. Bomse is likely glad there were not cameras in the courtroom today. But we aren’t.
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