Author: Marla Hamilton at ~5BC-LAE-NewOrleans
Date: 3/6/97  11:04 AM
Priority: Normal
TO: citation at AO-OCPPO 
Subject: ABA RESOLUTION ON CITATIONS 

                          Message Contents 
!EN
     As a law clerk in the federal judicial system for six years, I 
have some expertise on case citations, and would like to comment on 
the ABA resolution on citations. 

     I disagree with the citation form proposed and approved by the 
ABA. 

     Consecutively numbering the opinions from each district would be 
very cumbersome and difficult. From the viewpoint of a bankruptcy 
judge, it would be difficult to determine which orders get a number. 
Some minute entries/orders are short, and may cite to only one case. 
Would these be included within a consecutive numbering system? If so, 
the consecutive numbers would end up being quite large. This would 
lead to an increased likelihood of typographical errors in citations. 

     I think that long term, some type of citation system that is not 
dependent on the West system is inevitable. I don't really like this 
because some cases are not worthy of precedential value, and the 
present system where the judge sends off the decisions that the judge 
believes are appropriate for publication is a good one. 

     However, assuming that change is inevitable, the best way to do 
that is to use the form, or a variation thereof, of the system 
presently used for unpublished decisions. Citing the case name, 
number, and date of the opinion would do a better job than the system 
proposed by the ABA because it is less prone to typographical errors, 
and does not require some arbitrary numbering system by the Clerks' 
offices. 

     It would also be cumbersome to have the court number paragraphs 
in an opinion, when the publisher can use the page numbers of the 
court's opinion. 

     I have shown these comments to Judge Brown. He advised me to let 
you know that he agrees with them. 

     I hope this is of assistance to you in your information 
gathering phase. 
!NR
                                   Sincerely, 

                                   R. MARLA HAMILTON 
                                   LAW CLERK TO 
                                   JUDGE JERRY A. BROWN 
                                   UNITED STATES BANKRUPTCY COURT 
                                   FOR THE EASTERN DISTRICT OF 
                                     LOUISIANA 
!EN