U.S. District Judge for the D.C. Circuit Reggie B. Walton (right) speaks with Natnael Alemu following West Virginia State University's commencement Sunday, May 18. Walton, who gave the commencement address, and was conferred with an honorary doctor of laws degree, has been criticized by many First Amendment advocates for his "unprecedented" decision to bar anyone from assisting in paying the contempt citation he issued to WVU journalism professor Toni Locy for refusing to reveal her sources in stories she wrote while at USA Today regarding the 2001 anthrax scare. (Photo by Lawrence Smith)

Locy

CHARLESTON - Last weekend's commencement exercise in Morgantown wasn't the only one shrouded in controversy.

A federal judge who's "unprecedented" decision to bar anyone from aiding in paying a former USA Today reporter and West Virginia University journalism professor's contempt citation was not only the commencement speaker at the state's other land-grant university, but also the recipient of an honorary doctor of laws degree.

Prior to receiving their respective degrees, the nearly 500 graduates from West Virginia State University and West Virginia State Community and Technical College heard from U.S. District Judge for the D.C. Circuit Reggie B. Walton. In the course of remarks, Walton, a native of Donara, Pa., and 1971 graduate from West Virginia State, encouraged his soon-to-be fellow alumni to "keep this nation the great nation it deserves to be."

Shortly following his address, university President Hazo W. Carter Jr. "with high esteem" conferred Walton with an honorary doctor of laws degree.

Earlier this year, Walton, who began serving on the bench in October 2001 following his appointment by President Bush, sparked controversy by holding former USA Today reporter Toni Locy in contempt for not revealing her sources about the FBI's investigation into a former Army scientist's alleged involvement in the 2001 anthrax scare. Steven J. Hatfill, who worked at Army's infectious disease laboratory from 1997 to 1999, was initially identified by former U.S. Attorney General John Ashcroft as a "person of interest" in the case which followed the Sep. 11, 2001 terrorist attacks.

Since then, Hatfill has been cleared of any involvement in the matter. He is now suing the Justice Department alleging the FBI's leaking of information to reporters violated the Privacy Act.

Among the reporters who quoted anonymous FBI sources was Locy, who this past school year was a visiting journalism professor at WVU. In August, Walton ordered Locy, along with several other reporters to cooperate with Hatfill's attorneys in revealing their sources.

Because she's refused to name her sources, Walton on Feb. 19 held Locy in contempt. Effective March 11, Walton ordered Locy to pay $500 each day the first week, $1,000 each day the second week and $5,000 a day the third week until she reveal her sources.

The fines, Walton ordered, had to come from Locy's own pocket, and not from anyone else including USA Today and its parent company Gannett.

An 'extreme' decision

Though a judge holding a reporter in contempt for not revealing her sources is not unprecedented, an order barring anyone to assist Locy in paying the fines is. The Reporter's Committee for the Freedom of the Press, a Washington, D.C.-based journalism advocacy organization, said Walton's decision will have a "chilling effect" on future media coverage of sensitive issues.

"It's a travesty that a journalist can be essentially bankrupted for doing her job," Lucy Dalgilish, RCFP's executive director told the Associated Press following Walton's order. "This case is also particularly offensive because they know who some of the sources are."

In an interview with the Charleston Daily Mail the day her fines were to begin, Locy, a 1981 WVU journalism school graduate, said she found it unfathomable that Walton was treating her as "public enemy No. 1."

"I informed the public about the status and the quality of the FBI's investigation into the first biological attack on U.S. soil," she said. "Even Mafia bosses and White House aides are permitted to have legal defense funds."

"Neither my family nor my friends can help me pay these fines, according to the judge," she added. "My students can't even hold a bake sale to help me."

"That, to me, seems extreme."

Locy's attorneys, Robert C. Bernius and Leslie Paul Machado, with the Washington, D.C. law firm of Nixon Peabody, were successful in petitioning the U.S. Court of Appeals for the D.C. Circuit to block the fines pending an appeal of Walton's contempt order. On May 9, the appeals court heard arguments on the appeal.

Officials caught off-guard

Along with being seemingly unaware of the firestorm caused by his decision, WVSU officials gave conflicting accounts as to the timing of Walton's address, and honorary degree.

Interim Vice-President of Academic Affairs R. Charles Byers, who was a senior at State when Walton was a freshman, said the commencement committee voted sometime in February or March to invite Walton to speak. However, he was unsure since he did not attend that particular meeting.

He referred questions to Vice-President for Student Affairs Bryce Casto, the committee's chairman.

Though he believed the committee made the decision in February or March, Casto was unclear as to the exact date. When asked if the decision to invite Walton was appropriate given the Locy controversy, Casto became hostile and said, "That's not my decision, sir."

When pressed for additional details about the committee's decision, Casto said, "If you want an official university, you'll have to speak with Pat Dickinson."

Dickinson brushed aside any criticism that the committee's decision to invite Walton to speak and award him the honorary degree in the midst of his decision as opposing freedom of the press.

"Absolutely not," Dickinson said. "He's an alumnus who as distinguished himself for years and years."

According to Dickinson, this year was not the first time an invitation was extend to Walton to give the commencement address.

"He's been on the list for several years, and this has been the first time he's been able to speak," Dickinson said.

However, when asked when that happened, Dickinson hung up the telephone.