Cassell to rule on possible recusal

U.S. District Judge Paul Cassell has agreed to decide if his colleague is fit to continue presiding over the Salt Lake Tribune ownership battle.

Former Tribune managers have made repeated attempts over the past four years to have U.S. District Judge Ted Stewart remove himself from the case because of alleged conflicts of interest. Stewart has always denied the motions, declaring himself unbiased in the matter.

Members of the McCarthey family renewed their efforts last month, again setting forth reasons Stewart should not continue to oversee the case.

After previously considering such motions himself, Stewart asked the court to randomly assign another judge to hear the McCartheys' claims and rule on the motion.

At a brief status hearing Friday, Cassell agreed to accept the assignment and set a briefing schedule on the motion.

"My plan is to resolve this motion as expeditiously as possible," Cassell said.

In a Nov. 29 affidavit, Salt Lake Tribune Publishing Co. chairman Philip McCarthey states there are "several events and facts that demonstrate Judge Stewart is biased against the McCarthey family." According to the affidavit, these include:

• Stewart's purported belief that SLTPC invaded his privacy by sending a former Tribune reporter to interview the judge's neighbors during the early days of the lawsuit

• Critical Tribune coverage of Stewart's judicial appointment and prior state government service.

• Stewart's position as former Utah Gov. Mike Leavitt's chief of staff. SLTPC alleges Leavitt and his administration "condoned or overlooked clandestine plans" for AT&T to sell the Tribune to the Deseret News. Stewart has repeatedly denied knowledge of any such meetings Leavitt may have had with AT&T officials.

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E-mail: awelling@desnews.com