Municipality spared potential of refunds from illegal red light camera program thanks to non-publication rules of California courts. - A California appellate court on Wednesday declined to publish a decision overturning a ticket issued by an unlawful red light camera operation (view ruling). California Superior Court, San Mateo County Appellate Judge Mark R. Forcum turned down attorney Frank Iwama’s request that he explain his reasoning more fully in a published decision. Unpublished cases cannot be cited as precedent in California, and motorists interested in challenging citations will have to repeat from scratch all arguments about the program’s illegality.

"I am deeply disturbed and saddened that, despite the judge’s courageous action in interpreting the law, the judge has not taken the next step of modifying and certifying his opinion for publication,” Iwama said in a statement. “The publication of the opinion in the Official Reports would have served as a badly needed and useful precedent for the people in seeking guidance in the interpretation and application of the cost-neutrality clause in red-light camera contracts.” Full Piece