« Ind. Decisions - SCOTUS today denies cert in an Indiana case | Main | Environment - "Judge OKs settlement in wood recycling suit" »

Monday, June 16, 2014

Ind. Decisions - More on: "7th Circuit holds do-over after secret hearing was recorded but public argument wasn’t"

Updating this ILB post from June 10th, here is the 7th Circuit's opinion issued today in USA v. Abel Daoud, the case where the 7th Circuit held the do-over oral argument, and a case the ILB cited as an example of how the 7th Circuit publicly corrects its errors.

Today's opinion, by Judge Posner, includes this note, which starts on the first page:

* The fact that we heard oral argument twice before issuing our decision is unusual and requires explanation. By inadvertence the device that makes a sound recording of the oral arguments of our cases was not turned on for the public argument in this case on June 4. (That argument was followed by a classified argument, which was recorded stenographically by a court reporter who has the necessary security clearance. Our present opinion pertains only to the public argument.) Recording, whether aural or stenographic, of oral arguments is not required by law; and the recordings are not required to be made public. Until our recording equipment was installed some years ago, no record was made by the court of the oral arguments. And initially the recordings were available only to the judges. Eventually the court decided to make them available to the public as well. Although under no legal obligation to conduct a second oral argument in this case, we decided to do so because the accidental failure to record the argument occurred in a high-profile case involving serious criminal charges.

Posted by Marcia Oddi on June 16, 2014 03:53 PM
Posted to Ind. (7th Cir.) Decisions