Author: "D. L. Hawes, Esq., Fairfax, Virginia" <dlh@dc.net> at -
        Internet
Date: 3/12/97 10:56 AM
Priority: Normal
BCC: CITATION at AO-OCPPO
TO: citation@ao.uscourts.gov at -Internet
CC: virginiaattorneys-1@topeka.wuacc.edu at -Internet
Subject: federal adoption of aba proposed citation format

     West Publishing Company has claimed, and obtained judicial 
recognition for, its system of pagination in its reporters. The page 
numbers are part of the present system of citation. West's assertion 
of copyright, while valid in itself, has the effect of interfering 
with the ability of attorneys like myself from making effective use 
of federal court decisions. That is due to the inability of vendors 
to include any information within the text of reported decisions that 
will allow a citation to a particular part thereof.

     I do not have a problem with West's having claimed a copyright 
prerogative, and I agree that its system of pagination is its own 
property. I have never had a problem with the idea that West controls 
the official system of citation. But, by its having recently asserted 
a property right inconsistent with the public trust, abdicated its 
power to control the system of citation used in the Federal Courts. 
The system of official citation must be available to all citizens, 
not just West Publishing, if free access to the Federal system of 
justice is to mean anything.

     I have not read the ABA proposal, and do not know whether it 
makes sense for the United States or not. I do feel that a uniform 
standard must be established and maintained by the judiciary. It is 
necessary that there be a single "official reporter" but there is no 
reason why the official reporter cannot include its own system for 
identification of decisions and text in the decisions along with a 
standard method. In making this statement, I am acting exclusively 
for myself and I represent no other person of any kind with respect 
to the issues addressed.

     Daniel L. Hawes, P.O. Box 846, Fairfax, Va. 22030
     Admitted, U.S. S.Ct., U.S.C.A. (4th Cir.), U.S.D.C./E.D.Va. &
     U.S.B.C./E.D.Va.