Trib suit judge recuses himself

0 Comments | Deseret News (Salt Lake City), Jul 8, 2005 | by Angie Welling

After numerous unsuccessful attempts by the former managers of the Salt Lake Tribune to unseat U.S. District Judge Ted Stewart from a group of lawsuits over ownership of the Tribune, the judge has suddenly recused himself without offering any reason.

The latest move by Stewart brings the cases full circle, back with the judge who originally presided over the matter. The legal history of the suits has seen a spate of recusals and claims of conflicts of interest from several federal judges.

A brief statement of recusal was filed by Stewart in U.S. District Court in Utah on June 27. Thursday morning, the three related cases were reassigned to U.S. District Judge Tena Campbell, who recused herself back in July 2001 due to a conflict of interest. Campbell stepped away from the matters when the Deseret Morning News retained the law firm of Stoel Rives and joined the legal battle between Salt Lake Tribune Publishing Co. and MediaNews Group. At the time, Campbell's husband, Gordon Campbell, worked for the firm.

Gordon Campbell left Stoel Rives in late 2001 and joined the U.S. Attorney's Office for Utah, from which he has since retired.

SLTPC chairman Philip McCarthey said he was caught off guard by the judge's recusal.

"It did come as a complete surprise to me," he said Thursday.

Although his attorneys have tried repeatedly to have Stewart removed from the matter, McCarthey declined to characterize his feelings about the judge's move.

"I hesitate to say that I'm really pleased or displeased," he said. "I think the appropriate thing to say is I was very surprised, but we'll just try to keep moving forward.

"We're just, as always, looking forward to getting the publishing company and the family's claims resolved."

McCarthey said he didn't foresee raising a challenge to Campbell's assignment to the cases. And on Thursday, the Deseret Morning News, a party to the main case, said it had no problem with Campbell presiding over the cases.

"We have been and continue to be satisfied to present our case before whatever judge is assigned by the court," said News publisher Jim Wall.

Although she has recused herself once before, Campbell's clerk said Thursday that there is no indication that she would do so again.

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