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Did you know the courts--at least in California--can "depublish" a case?

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MindPilot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-20-09 01:53 PM
Original message
Did you know the courts--at least in California--can "depublish" a case?
Edited on Tue Oct-20-09 01:54 PM by MindPilot
This is about red light camera tickets, but I could see something like this being used to stifle other types of cases like church-state separation or workplace rights.

Here's the pertinent excerpt from the article:
So I made a simple discovery request, asking the Santa Ana City Attorney for evidence that the city had indeed complied with the 30-day warning rule for the camera that issued my ticket. I received instead a "strongly-worded" letter from the deputy city attorney, refusing to produce any such evidence, and informing me that the Fischetti ruling "does not have any bearing on the instant matter" because of the "depublication" of the Fischetti decision. De-what? The term is in no legal dictionary. Did you know that The California Supreme Court allows itself to "depublish" a case for any reason, essentially erasing it from the law books. Why did the it do so? Because the cities of Santa Ana and West Hollywood asked them to. Red-light tickets produce a lot of money.

A depublished case is not considered overturned, and under the longstanding concept of stare decisis ("let the decision stand"), it is the law of California. It is just not to be discussed in California courts. A good analogy is to assume the Angels defeat the Yankees, and the Yankees ask the baseball commissioner to have the score "depublished," so that the results aren't available to the officials maintaining the standings. Federal courts have recently done away with such absurd no-citation rules, and the California rule may well be unconstitutional. (see www.nonpublication.com.) The Franco decision was also depublished, making it "unmentionable" under the same absurd rule, despite the fact that it is valid law.


http://www.ocregister.com/articles/city-tickets-camera-2544539-santa-law

Edit: spelling
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Sanity Claws Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-20-09 01:59 PM
Response to Original message
1. Yes, it happens
A decision has no precedential value if it is unpublished. Many midlevel appellate decisions are unpublished. I do recall one case becoming unpublished on reconsideration, in Washington State where I used to practice.

However, decisions of the Supreme Court are always published, as far as I recall. If the matter did not have precedential value, it would not have been taken in the first place.
Yes, something is quite odd here because it is a decision of the California Supreme Court. I don't know the case you're referring to or its history but it does sound odd to me.
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MindPilot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-20-09 02:17 PM
Response to Reply #1
4. By what criteria does a case have no precedential value?
It's certainly possible a case may not be significant today, but how could it be determined that it will not be in the future?
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Sanity Claws Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-20-09 02:20 PM
Response to Reply #4
5. The issue decided
Cases are accepted for appeal by the Supremes based on the issues presented. If the issues are determined by already existing precdent, then it is not worthy of publication today or tomorrow.
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Trillo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-20-09 02:00 PM
Response to Original message
2. Interesting. Much easier to "depublish" electronic records
and erase evidence of their existence versus paper records.

It could be the dumbing-down of the Internet.
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MissMarple Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-20-09 02:07 PM
Response to Original message
3. Perhaps someone should sue. They do it because they have gotten away with it.
I wonder if this in any way impinges on individual liberty? Since our legal system is so integrated with case law, this practice of "depublishing" is something of an odd duck.
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Boojatta Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-20-09 02:21 PM
Response to Reply #3
6. You wonder?
You are presumed to know case law. You are forbidden to violate the rules in case law. However, you have no way to access case law.

There is, of course, a precedent for this. Lots of case law is unavailable in public libraries. Meanwhile, public libraries provide music and movies, in effect keeping the general public happy with the circus part of bread and circuses.
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ddeclue Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-20-09 02:23 PM
Response to Original message
7. Wow! I never knew that! Thanks... I learned something new today!
:D

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