"Is it prurient? I don't know what to tell you," he told the newspaper. "I think it's odd and interesting. It's part of life."
The appointment capped a 26-year career on the bench that began in 1982 at age 32 when he was named chief of the newly created federal claims court, which handles lawsuits related to federal contracts. Three years later, President Ronald Reagan appointed him to the 9th Circuit, making him the youngest federal appellate judge in the country.
He has written video game reviews for the Wall Street Journal, and his prolific commentary on everything from the death penalty to the use of Yiddish in the law has appeared in legal journals and mainstream media alike.
Cathy Catterson, circuit executive for the 9th Circuit, said the issue was "a private matter of the judge at this point."
"Most of it was jokes," said Catterson, who hadn't seen the material.
The judge refused to comment as he left court.
"I'm not going to say anything," he said. "The trial is ongoing."