Opinion

Freedom Newspapers, Inc. v. Orange County Employees Retirement System Board of Directors

  • 6 Cal. 4th 821
  • 25 Cal. Rptr. 2d 148
  • 93 Daily Journal DAR 16426
  • 863 P.2d 218
  • 93 Cal. Daily Op. Serv. 9589
Court
California Supreme Court
Filed
Dec 23, 1993
Status
Published
Author
Mosk
On the bench
Panelli, Mosk
Cited by
219 cases

Brown Act "adopted to ensure the public's right to attend the meetings of public agencies"

How later courts described this case

  • Brown Act "adopted to ensure the public's right to attend the meetings of public agencies"

Written by the judges who cited it.

The opinion

MOSK, J., Concurring and Dissenting.

Although I have no quarrel with the result reached by the majority, I find that virtually all their reasoning has been rendered moot by the enactment of the 1993 legislation quoted in footnote 11 of the majority opinion. (Stats. 1993, ch. 1138.)

That legislation answers the question we took this case to resolve, i.e., whether advisory committees composed solely of members of a legislative body are themselves “legislative bodies” for purposes of the Ralph M. Brown Act. (Gov. Code, § 54950 et seq.) The 1993 legislation plainly declares they are not, unless they qualify as “standing committees” therein defined.

In light of this development the majority opinion has become an anachronism; indeed, the 1993 legislation repeals the very statute discussed by the majority at length. (Gov. Code, § 54952.3.) Because it is not our responsibility to offer advisory opinions on repealed statutes, I would dismiss review in this case as improvidently granted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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