The Truth Is!: Gilbert Cranberg: MINDLESS HIGH COURT SECRECY

WELCOME to the debut of “The Truth Is!”, a blog of reporting and commentary that aims to be informative, thoughtful and provocative. At least initially, the blog will have a strong heartland flavor by virtue of the connection of a number of us to Cowles family journalism. I am former editor of the Des Moines Register’s opinion pages. Another contributor, Michael Gartner, is former editor of the paper; he later served as president of NBC News. Another former Register editor who has agreed to contribute, Geneva Overholser, is director of the University of Southern California’s Annenberg school of journalism. Followers of the blog will have access also to the work of Herbert Strentz of Des Moines, a close Register and other newspaper watcher who once headed Drake University’s journalism school. Bill Leonard, a longtime Register editorial writer, will add insights.

“The Truth Is!” will be supervised by my daughter, Marcia Wolff, a communications lawyer for 20 years with Arnold and Porter (Washington, D.C.). Invaluable technical assistance in assembling and maintaining the blog is provided by my grandsons Julian Cranberg, a college first-year, and Daniel Wolff, a high school senior.

If you detect a whiff of nepotism in this operation, so be it. All of it is strictly a labor of love. —Gil Cranberg

Monday, July 1, 2013

Gilbert Cranberg: MINDLESS HIGH COURT SECRECY

Linda Greenhouse for years covered the U.S. Supreme Court knowledgeably for the New York Times. She still writes occasionally, and perceptively, about the court. Her advice to Times readers in the June 30 edition: “follow the docket.” Each case, she wrote, “is intended to accomplish something: to clarify the law, interpret an ambiguous statute, resolve conflicting decisions among the lower courts or…to change the status quo.”

In the high court’s most recent term, it decided 73 cases. Those were selected from 8,000 requests for review. The votes of at least four justices are required for the high court to add a case to the docket. Despite its significance, how justices vote on whether to review a case is almost always shrouded in secrecy.

My guess is that the high court does it this way out of custom. Several years ago I wrote to each justice to inquire why they don’t disclose the reason when they decline to participate in a case. Six of the nine justices responded. The reasons they offered for their secrecy about recusal revealed that no deep-seated principles were at stake. For the most part, the reason they didn’t explain the basis for recusals was because that’s the way they and their colleagues usually did things.

Their mindless custom had a serious consequence: it barred scrutiny of the extent to which the justices adhere to the ethics rules. Those rules are strict, prohibiting participation in a case if a justice has a financial interest, “however small “, in a party to the proceeding. When justices don’t disclose their votes on whether to add a case to the court’s docket, it becomes impossible to know whether a justice had a conflict of interest on some of those votes.

Linda Greenhouse’s advice to “follow the docket” is sage. The Supreme Court now needs to make it possible to do that by fully disclosing how the justices vote on such a consequential court action as which cases to accept for review.

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Gilbert Cranberg is George H. Gallup Professor of Journalism Emeritus, the University of Iowa School of Journalism and Mass Communication. He was associated for 33 years with The Des Moines Register and Tribune where he was editor of the editorial pages of both papers.

Cranberg taught for 18 years at the University of Iowa's journalism school. He co- authored "Libel Law and the Press: Myth and Reality," (The Free Press) whose authors won the 1987 Distinguished Service Award of the Society of Professional Journalists for research in journalism. Another book, "Taking Stock: Journalism and the Publicly Traded Newspaper Company," (Iowa State Press), was published June 2001. He is the co-author of several law review articles on the subject of libel.

He served in the infantry in the Pacific during World War II. He graduated magna cum laude and Phi Beta Kappa from Syracuse University (1949) and received a master's degree in social science from Drake University (1956). He was for six years an at-large member of the National Board of Directors of the American Civil Liberties Union. He was a Fellow of the World Policy Institute and of the Open Society Institute.

Cranberg served as chairman of the Professional Standards Committee of the National Conference of Editorial Writers and as a director of that organization. He was a member of the American Society of Newspaper Editors and of its Ethics and Values Committee. He is a life member of the National Conference of Editorial Writers for having "achieved exceptional distinction in the profession." He has written for numerous publications, including the New York Times, Washington Post, Los Angeles Times, USA TODAY, Journalism Quarterly, Columbia Journalism Review, American Journalism Review, Nieman Reports, American Bar Association Journal and Iowa Law Review.

Michael Gartner was born in Des Moines, Iowa. He received his B.A. from Carleton College and J.D. from the New York University School of Law. He joined the staff of The Wall Street Journal in 1960 as a copy editor, later becoming Page One Editor. He served in various positions with the Des Moines Register over 11 years including Executive Editor, Editor, President, Chief Operating Officer and Editorial Chairman. He went on to serve as General News Executive for Gannett Co. and USA TODAY and editor of the Louisville Courier-Journal.

In 1988, Mr. Gartner became President of NBC News and served in this capacity until 1993 when he became Chairman and Editor of The Daily Tribune in Ames, Iowa. Mr. Gartner was for six years a member of the Iowa Board of Regents, and he is chairman and principal owner of the Iowa Cubs baseball team.

In 1997, Mr. Gartner was awarded the Pulitzer Prize for Editorial Writing for his editorials about community issues in The Daily Tribune.

Geneva Overholser is director of the Annenberg School of Journalism at the University of Southern California. Before her current position, she held the Curtis B. Hurley Chair in Public Affairs Reporting for the Missouri School of Journalism, in its Washington, D.C., bureau.

Overholser previously was editor of The Des Moines Register, a syndicated columnist for the Washington Post Writers Group, an editorial board member of The New York Times, ombudsman of The Washington Post and a reporter for the Colorado Springs Sun. Under her leadership, the Register won the 1990 Pulitzer Prize Gold Medal for Public Service. She is a fellow of the American Academy of Arts and Sciences and the Society of Professional Journalists and was a Nieman fellow at Harvard. She served on the board of the Pulitzer Prize for nine years, the last year as chair.

Overholser was named “Editor of the Year” by the National Press Foundation and “Best in the Business” by the American Journalism Review. She co-edited the book, The Press as an Institution of Democracy and authored “On Behalf of Journalism: A Manifesto for Change.” Overholser wrote a blog for the Poynter Institute Website and a regular column for the Columbia Journalism Review. She spent five years overseas, working and writing in Kinshasa and Paris.

Herb Strentz is professor emeritus of journalism at Drake University in Des Moines, Iowa. He was a founder of the Iowa Freedom of Information Council and served as its executive secretary from 1975 to 2000. In 2004 he was named to the "Heroes of the 50 States, The Open Government Hall of Fame" of the National Freedom of Information Coalition and the Society of Professional Journalists.

His PhD is from Northwestern University and he taught at Bakersfield College, the University Kentucky, and the University of North Dakota before going to Drake where he served as dean of the School of Journalism and Mass Communication from 1975 to 1988.

Strentz also worked as a reporter for The Fresno Bee and the Associated Press in Albany, NY, and worked part time and during the summers for The Minneapolis Tribune and the Des Moines Register and Tribune Company. He is the author of "News Reporters and News Sources," which was published by the United States information Agency in Spanish, Chinese and Arabic.