December 23, 2015
Five months ago, the Supreme Court floated for public comment a proposal to end the current rule that the court’s grant of review automatically depublishes a Court of Appeal’s published opinion. Currently, a Court of Appeal opinion stays on the books pending review only if the Supreme Court affirmatively orders the opinion published.
The public comment deadline was originally September 25, but that was later extended by two weeks. The effective date for the rule change (if adopted) was to be January 1, but that, too, has now been extended, to July 1. A notice on the court’s website explains that the court extended the potential effective date “[i]n light of the extensive comments received, and in order to allow appropriate review.”