Today's DJ has an interesting piece by Thomas Coleman (Legal Director, Spectrum Institute), titled Time to end disability stigmas in judicial opinions. The article take issue with an opinion from 4/2, Conservatorship of Anna N., E070210 (Dec. 4, 2020). The problems? Well, first, Mr. Coleman thinks the decision shouldn't be unpublished because it clarifies an important issue. Second: "something else was wrong with the court's opinion -- the caption of the case used stigmatizing language. The caption refers to Anna as 'an Incompetent Person.'" The use of such pejorative language should be corrected -- especially if the opinion will be certified for publication.
The article does not cite California Style Manual section 6:17 titled "Incompetent persons," which provides:
When the issue before the appellate court is whether the party is or is not incompetent, do not use the designation "an Incompetent Person" following the individual's name. When competency is not an issue, typical titles are: JOSE CALDERON, an Incompetent Person, etc., Plaintiff and Respondent, v. ELOISE ANDERSON, as Director, etc., Defendant and Appellant.
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