Judge Nullification: A Perception of Unpublished Opinions
Posted: 28 Apr 2010 Last revised: 25 Aug 2011
Date Written: March 5, 2010
This article tests the constitutionality of California's prohibition on citation to unpublished court opinions against the State's Judicial Notice Statute and the intent behind Article VI § 14 of the California Constitution (banning opinionless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Keywords: Law, citation, rule, 8.1115, no-citation, unpublished, court, certify, publication, judicial notice, cited, cite, rely, depublish, publish, opinion, rule of court, court rule
Suggested Citation: Suggested Citation