Judge recuses self from Tribune case

A federal judge has recused herself from the legal fight over the sale of the Salt Lake Tribune, citing no reason why she is stepping down from the case.

In a notice of recusal filed Tuesday, U.S. District Judge Tena Campbell announced she was removing herself from the case. The case will now be handled by Chief U.S. District Judge Dee Benson.

"I recuse myself in this case and ask that the appropriate assignment card equalization be drawn by the clerk's office," Campbell stated.

The decision comes one week after the 10th Circuit Court of Appeals in Denver reversed Campbell's decision to uphold an appraisal that estimated the purchase value of the Salt Lake Tribune at $355.5 million and directed the lower court to review the process by which the appraisal came about.

The McCarthey family, former owners of the Tribune, contends the $355.5 million value is overinflated and that the appraisal company, MPI, overstepped the bounds of its contract to come up with the price.

Attorneys for the paper's current owner, MediaNews, claim the appraisal is binding because the McCartheys have not shown any evidence of fraud, corruption or wrongdoing by MPI.

The recusal could lead to delays as Benson takes time to get up to speed in the five-year case.

The McCarthey family has fought a legal battle to get the paper back after losing it in a stock swap in 1997. The family has claimed it had a "handshake" deal with TCI owner John Malone to buy the paper back. AT&T bought out TCI in 1999 and sold the Tribune to MediaNews for $200 million.

Campbell is not the first judge to step away from the suit. U.S. District Judge Ted Stewart recused himself from the case in June of 2005. The McCarthey family had tried to have Stewart removed from the case, but Stewart recused himself without offering a reason.

Both sides will now have to see if Benson will stay on the case. Benson recused himself from a related case because his brother, Lee Benson, is a columnist with the Deseret Morning News, which was a plaintiff in a related case.

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E-mail: gfattah@desnews.com