California Courts of Appeal
Aug. 8, 2016
Making law in the dark
It took many by surprise when the California Supreme Court adopted a proposal to abandon the practice of automatic depublication. But this corrects only one part of the problem: The court retains the power to summarily depublish an opinion selectively even though it meets the requirements for publication, regardless whether review was sought. By J. Anthony Kline and Jerome B. Falk Jr.
Jerome B. Falk Jr.
senior counsel
Arnold & Porter Kaye Scholer LLP
3 Embarcadero Ctr Fl 10
San Francisco , CA 94111
Phone: (415) 471-3151
Email: jerome.falk@apks.com
Jerome Falk is senior counsel with Arnold & Porter.
Until recently, published appellate opinions were automatically depublished when the California Supreme Court granted review. Despite numerous recommendations starting in the 1970s to eliminate this practice, the court had repeatedly refused to do so. It therefore took many by surprise when the court invited public comment on a proposal to eliminate automatic depublication upon the grant of review. On June 1, the court adopted a proposal to abandon the practice.
This is a significan...
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