11 March 1997 
 
ABA Citation Resolution Committee. 
Committee on Automation and Technology 
Judicial Conference of the United States 
Suite 4-512, 
Administrative Office of the U.S. Courts, 
Washington, DC 20544 
 
SUBJECT: Public Domain Legal Citations. 
 
Dear Members of the ABA Citation Resolution Committee: 
 
I URGE THE FEDERAL COURTS TO ADOPT THE FORM OF OFFICIAL CITATION FOR 
COURT DECISIONS RECOMMENDED BY THE AMERICAN BAR ASSOCIATION CITATION 
RESOLUTION. 
 
     From such a positive decision, the public would gain substantial 
benefits of access and availability of legal texts. 
 
     At present, most federal court opinions are referred to by 
researchers, scholars, and practicing lawyers by the volume number 
and page numbers of paper bound court reporters sold by West 
Publishing. West Publishing claims that it "owns" the citations to 
the past 75 years of federal court opinions. 
 
     Many experts want the courts to adopt a public domain system for 
citation to court opinions. Experts believe this is needed both to 
end the West monopoly on court citations, and also to provide a more 
modern form of citation that would work better with the Internet and 
other forms of electronic publishing. 
 
     In July 1996, The ABA made its recommendation for a public 
citation system. The ABA system was essentially the same as systems 
recommended earlier by several state bar associations, as well as the 
American Association of Law Libraries (AALL), the Department of 
Justice (DoJ), the American Association of Legal Publishers (made up 
of small high technology American legal publishers), and many 
citizens groups, including the Consumer Project on Technology. 
 
     The ABA asked courts to adopt a standard from of citation that 
would use the name of the case, the year, the court of jurisdiction, 
a sequential number for the opinion, and a paragraph number for the 
text. The main difference between this and the West Publishing 
citation would simply be that the court would number its opinions and 
the paragraphs within the opinion, so it would not have to rely upon 
the West volume and page numbers. This would permit the citation to 
be available the instant the opinion was released from the court, and 
to be used by any publisher, and in any format displayed. This system 
is as old as the Bible, which itself uses a system of paragraph 
numbers. Paragraph numbering is also used by lawyers to identify the 
text in court pleadings. 
 
     There is considerable resistance by some federal judges to the 
implementation of the ABA recommendation. Federal judges and their 
law clerks get unlimited access to Westlaw and Lexis at taxpayer 
expense, so the problems caused by the West monopoly on citations 
isn't always a pressing concern. Some judges think there is no need 
for change from the status quo, and that it would be a costly burden 
to number opinions and paragraphs. Many judges also do not believe 
that anyone but lawyers are interested in reading court opinions. 
 
     I believe that it is inappropriate and not in the public 
interest for a private entity, such as West Publishing, to "own" 
citations to government documents. 
 
     Ordinary citizens care about access to court opinions. I can see 
this on a daily basis, in my service as copyright officer at this 
University, and in the federal publications depository collection and 
regional federal information service operating from within the walls 
of this academic library. Better access to legal information, through 
consistent and inexpensive citations, would have positive effects in 
terms of economic development and an informed and empowered 
citizenry. 
 
     A less monopolistic system for legal citations is likely to 
increase competition among legal publishers, and lower prices for 
consumers. 
 
     The courts should also do a better job making court information 
available at low cost to taxpayers, who are expected to obey the law. 
 
     In this age of information technology, the courts should be 
making use of the great opportunity to make all federal court 
opinions available on the Internet, with citations that will permit 
the public to uniquely and uniformly identify and cite an opinion. 
 
     Federal, state, and local governments are huge consumers of high 
priced legal information, and that taxpayers will benefit from added 
services and lower costs resulting from more competition for legal 
information. 
 
     Citizens, students, researchers, business persons benefit from 
better access to the text of court opinions in this nation built on 
the rule of law. 
 
                                   Sincerely, 
 
                                   Steve Marquardt, Ph.D. 
                                   Dean of Libraries