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March 25, 1997 HyperLaw, Inc.®
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Letter dated March 14, 1997 from Michael E. Gans, Clerk of the Court, United States Court of Appeals
For the Eighth Circuit, Appellate Court Clerk's Advisory Committee
See HyperLaw Letter to Clerk, Eighth Circuit Re ABA Citation Proposal, March 28, 1997.
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United States Court of Appeals
For the Eighth Circuit
U.S. Court & Custom House
114 Market Street
St. Louis, MO 63101
Michael E. Gans
Clerk of the Court
March 14, 1997
Mr. John Hehman
Chief, Appellate Court and
Circuit Administration Division
ATTN: ABA Citation Resolution
Administrative Office of the
United States Courts
Washington, D.C. 20544
Re: ABA Citation Resolution
!EN
Dear Mr. Hehman:
A number of the federal circuit clerks have asked me, as chair
of the Appellate Court Clerk's Advisory Committee, to submit the
following comments on the ABA resolution on case citation for
consideration by the Policy and Programs Subcommittee of the Judicial
Conference Committee on Automation and Technology. I should note that
while the positions expressed in this letter represent the views of
the majority of the circuit court clerks, some clerks were not able
to sign on to the letter because their courts were still discussing
the resolution at the time this letter was prepared.
In summary, we dispute the need for the alternative case
citation system proposed in the ABA's resolution. We believe "Blue
Book" citation of unpublished opinions (by case number, court and
date) is still the most effective method for citing electronically
reported opinions. We strongly oppose the creation of an opinion
citation system which identifies opinions by anything other than the
case number assigned by the issuing court. The remainder of this
letter will outline the reasons for our positions and note some other
concerns we have been regarding the ABA resolution.
We wish to begin our discussion by noting that we have strongly
supported the electronic dissemination of federal appellate court
opinions. The federal courts of appeals have taken the lead in the
development of electronic bulleti