He had taken a legal malpractice case to the Missouri Court of Appeals Eastern District and received an order from a three-judge panel instead of a published opinion. Published opinions appear in caselaw books and on the court’s Web site and can be cited; memorandums such as the 10-page explanation that accompanied the order in Mass’ case don’t and can’t.
By using orders or unpublished opinions when it shouldn’t, “the Eastern District is creating an entire body of secret law, which is unknown to the general public or bar, is applied on an ad hoc basis, and risks losing the public trust and confidence in the judicial system,” Mass complained in a March 20 motion to publish.