Retired U.S. District Judge Vaughn Walker’s unorthodox move to video record his most famous trial has created a difficult question for his former colleague and a sideshow to the gay-marriage main event that’s working its way through the appellate courts.

During a hearing Monday, Chief Judge James Ware, who inherited the Proposition 8 case when Walker left the bench, struggled with whether to make public the recordings of the 2010 bench trial, which were created for in-chambers use and placed under seal.