Judiciary
Mass. Reviewing Speech Limits on Judges
Posted Jan 29, 2008, 12:10 pm CST
By Molly McDonough
Citing a "genuine confusion" about what judges can say publicly about cases, Massachusetts' highest court has assembled a committee to consider revising judicial conduct rules.
The move by the Supreme Judicial Court comes in part because of publicity after the arrest of Daniel Tavares Jr., who was arrested in the slayings of a newlywed couple in Washington state, the Associated Press reports.
Judge Kathe Tuttman, who had earlier freed Tavares, already a convicted killer, on personal recognizance in an unrelated assault case, became a media target and the subject of political debate. While Tuttman didn't issue any public statements, two judges took the unusual step of defending her.
Superior Court Judge E. Susan Garsh chairs the new committee. "One of the things this committee is going to do is to try to make sure the rule gives clear guidance," Garsh is quoted saying.
The current rule prohibits judges from speaking publicly about pending proceedings. However, the rule doesn't bar judges from making public statements about their official duties or from explaining procedures.