Judge Nullification: A Perception of Unpublished Opinions

Abstract

This article tests the constitutionality of California's prohibition on citation to unpublished court opinions against the State's Judicial Notice Statute and the intent behind Article VI § 14 of the California Constitution (banning opinionless judgments). The article examines the history and evolution of California's publication system, and analyzes the role of the no-citation rule (CRC 8.1115(a), formerly Rule 977) within that system. The discussion identifies flaws in the premise behind the no-citation rule, explains the rule's unconstitutionality, and considers threats posed by it to the rule of law. 62 Hastings L.J. 1397 (2011).

Keywords: Law, citation, rule, 8.1115, no-citation, unpublished, court, certify, publication, judicial notice, cited, cite, rely, depublish, publish, opinion, rule of court, court rule