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Letting a Little Sunshine Into Appellate Decision Making

NCJ Number
79066
Journal
Judges' Journal Volume: 20 Issue: 3 Dated: (Summer 1981) Pages: 20-24,50
Author(s)
P M Saeta
Date Published
1981
Length
7 pages
Annotation
This article presents a preliminary appraisal of the results of experimentation with the issuance of tentative rulings and opinions by the Appellate Department of the Los Angeles Superior Court.
Abstract
The appellate department reviews cases arising in the municipal court of Los Angeles County. The judges assigned to the appellate department review appeals and applications for extraordinary writs generated by municipal and justice court justices in the country. Both civil and criminal cases are reviewed. The appellate department began issuing tentative rulings in March 1980. These rulings are formulated during the precalendar conference held by the judges on Wednesday mornings. Tentative rulings can be simple comments with or without the citation of authorities, lists of questions, or the comment 'no tentative ruling.' The reaction of the bar to issuance of tentative rulings has been extremely favorable. The issuance of tentative rulings has not substantially burdened the court and its staff. Tentative rulings appear to focus the argument on the more meaningful points of the cases. An experiment which involved mailing tentative rulings to counsel in advance of oral argument has also been received favorably, although this has only been done in 12 cases. The article concludes that the issuance of tentative rulings and opinions appears to be of benefit to the bar and no detriment to the bench. Notes are included.

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