History of Right to Fair Trial
1A creates a right in the public – and apparently in the press – to attend a criminal trial
Judge has more flexibility in closing at least some pretrial proceedings.
Gannett – closure for pre-trial hearing ok bc only temporary and press would be able to review transcript as soon as danger of prejudice to D was over
USSC next term overruled, focusing on press/public 1A right to attend trial unless judge has particular reasons on record (ex.  when gov’t telling drug detection procedure of DEA)
Nebraska Press Association – USSC held a gag order on press only allowed under very unique circumstances; presumption of invalidity of any prior restraint
Gentile – gag orders can be placed on attorneys; they lose some 1A rights by practicing law
Television
Estes – huge and intrusive cameras used to cover trial denied D right DP right to fair trial; t    (i)  television coverage is ok as long as it is not intrusive
(ii) print media writing can also become overly distracting
*federal courts – NO cameras
basic rule:  trial must be open to public, pursuant to 1A, unless trial judge has specific reasons for closing and articulates them;  strong presumption against closure
Change of Judge
Impartial trial also includes right to an unbiased judge
Tumey – trial before mayor who personally received fees levied by him violated DP
*inherent prejudice because of relationship to rulings and revenue; influences decisions
Texas:  JP’s salary is linked to traffic tickets!
Judge can’t be involved in the proceeding (ie a witness)
Judge statements outside of courtroom could undermine confidence in outcome (ie says he wants to preside over certain case so he can help to convict the D)
Judge’s role in previous career (ex prosecutor before a criminal judge) – ok where vote not crucial due to multi-judge panel, but if actual involvement obligation to recuse
North v. Russell – trials conducted by non-lawyer judges ok bc D have right to a trial de novo in circuit court if they wish; dissent doesn’t like that a trial before a non-lawyer judge can result in imprisonment