United States Court of Appeals, Tenth Circuit.September 24, 1986801 F.2d 123393 A.L.R. Fed. 40755 USLW 221613 Media L. Rep. 1391 (Approx. 7 pages)
801 F.2d 1233
United States Court of Appeals,
Tenth Circuit.
JOURNAL PUBLISHING CO., Petitioner,
v.
The Honorable E.L. MECHEM, United States District Court for the District of New Mexico, Respondent.
Van Bering Robinson, Real Party in Interest
John Maruffi, et al, Real Parties in Interest
New Mexico Press Association, Amicus Curiae.
No. 86-1328.
Sept. 24, 1986.
Attorneys and Law Firms
*1234 Wayne C. Wolf, Kathleen Davison Lebeck and Anthony J.D. Contri of Civerolo, Hansen & Wolf, P.A., Albuquerque, N.M., for real parties in interest (defendants-appellants).
Hal Simmons, New Mexico Press Ass'n, Albuquerque, N.M., for amicus curiae.
Eric D. Lanphere and Michael A. Gross of Johnson & Lanphere, P.C., Albuquerque, N.M., for petitioner.
*1235 James R. Toulouse of Toulouse, Toulouse & Garcia, P.A., Albuquerque, N.M., for real party in interest (plaintiff).
Before McKAY, LOGAN and ANDERSON, Circuit Judges.
Opinion
McKAY, Circuit Judge.
Journal Publishing Company has petitioned this court for a writ of mandamus directing Judge E.L. Mechem to dissolve his post-trial order prohibiting press interviews with certain jurors. Those jurors served in a controversial trial in which Van Bering Robinson charged that his civil rights were violated by the City of Albuquerque, its chief of police, and several police officers. The jury found for Mr. Robinson and against all defendants except the city of Albuquerque.
At the close of the case, Judge Mechem admonished the jurors not to discuss their verdict. He stated:
You should not discuss your verdict after you leave here with anyone. If anyone tries to talk to you about it, or wants to talk to you about it, let me know. If they wish [to] take the matter up with me, why, they may do so, but otherwise, don't discuss it with anyone.
Petitioner's exhibit 1, at 3 (partial transcript of proceedings).
Because of the newsworthy nature of the trial, Journal Publishing Company wanted to interview the jurors in the case. Journal Publishing wrote Judge Mechem informally and requested that he rescind or modify his order prohibiting communication with former jurors. In a written response, Judge Mechem refused the request, explaining that he admonishes the jury to remain silent only in civil actions. After receiving this response, Journal Publishing filed a motion for leave to interview the jurors. Judge Mechem has not ruled on this motion.
Consequently, Journal Publishing petitioned this court for a writ of mandamus against Judge Mechem. In support of this motion, Journal Publishing argues that his order denies its first amendment right to gather news, denies the public the opportunity to know the basis of the jury's verdict, and violates the jurors' first amendment rights.
*1236 We first conclude that it is proper for Journal Publishing to seek mandamus. Because Journal Publishing was not a party and could not challenge the post-trial order on direct appeal, it has no other adequate means to obtain relief.
As we consider the precedent from juror-interview cases, we distinguish cases discussing contact with jurors by news media from cases dealing with contact by parties or the attorneys that took part in the trial. See In re Express News Corp., 695 F.2d 807, 810 n. 3 (5th Cir.1982). The media has less incentive to upset a verdict than does a losing party or attorney. Thus, while a court may broadly proscribe attorney and party contact with former jurors, it does not have the same freedom to restrict press interviews with former jurors.
Judge Mechem's order restricting press contact with former jurors was impermissibly overbroad. It contained no time or scope limitations and encompassed every possible juror interview situation. It would have been constitutionally permissible *1237 for the court routinely to instruct jurors that they may refuse interviews and seek the aid of the court if interviewers persist after they express a reluctance to speak. Harrelson, 713 F.2d at 1117-18. It could have told the jurors not to discuss the specific votes and opinions of noninterviewed jurors in order to encourage free deliberation in the jury room. Id. at 1118. But the court could not issue a sweeping restraint forbidding all contact between the press and former jurors without a compelling reason.
We have made no attempt to indicate all restraints which the court may or may not impose. We indicate only that the court's power to impose prior restraints on first amendment rights is limited and that with few exceptions it must be exercised in response to specific compelling reasons. Because Judge Mechem's order was impermissibly overbroad, Journal Publishing has a clear and indisputable right to an order of mandamus reversing the decree. Mandamus is particularly appropriate here because of the potential for the trial court to repeat its overbroad restriction of press contact with former jurors. Therefore, we order Judge Mechem to dissolve his order prohibiting all press contact with the jurors who rendered a verdict in Robinson v. Maruffi, United States District Court for the District of New Mexico, Case No. 84-1216-M Civil. Our order is without prejudice to the entry of a substitute order which conforms to the standards and limitations set out herein.
All Citations
801 F.2d 1233, 93 A.L.R. Fed. 407, 55 USLW 2216, 13 Media L. Rep. 1391