Decertification, or deletion from publication, of appellate opinions by the California Supreme Court is not subject to any rule of court or procedure requiring notice of such requests to litigating or interested parties or groups. The author argues that the continued use of such unsanctioned procedure may have adverse effects on the rights and interests of subsequent litigants or of special interest groups, the doctrine of stare decisis, and the ethical constraints imposed on the judicial system by the adversarial tradition.
Julie Hayward Biggs,
Censoring the Law in California: Decertification Revisited,
30 Hastings L.J. 1577
Available at: https://repository.uchastings.edu/hastings_law_journal/vol30/iss5/15