Opinions First - Argument Afterwards
52 Pages Posted: 7 Dec 2013 Last revised: 4 Jun 2014
Date Written: December 5, 2013
For twenty-five years, the California Supreme Court has operated under a bizarre internal operating procedure that requires majority opinions to be written and agreed to prior to oral argument. This procedure squanders and demeans the parties’ formal opportunity for appellate argument, is inconsistent with traditional common law appellate process, and violates the state and federal Constitutions.
Keywords: California Supreme Court, judicial opinions, judicial procedure, constitutional law, appellate process
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