I was asked by several list subscribers to summarize the responses to my
earlier query. The exact item I wanted -- a chart of the publication and
precedential value rules of the U.S. circuit courts -- can be found in an
article in the JOURNAL OF APPELLATE PRACTICE AND PROCEDURE:
Melissa M. Serfass and Jessie L. Cranford, "Federal and State
Court Rules Governing Publication and
Citation of Opinions," 3 Journal of Appellate Practice and
Procedure 251 (Spring 2001).
Worth reading is an article in the most recent issue of the same journal.
This article brings the issue up-to-date -- at least through the early
part of 2002 -- and concludes on something of a positive note. Stephen
Barnett concludes:
"The power of courts to issue uncitable opinions is difficult to
defend, and the task will only get harder as
the opinions become more accessible. Powerful as the federal
courts may be, they cannot hold back this
wave."
Stephen R. Barnett, "From Anastasoff to Hart to West's Federal
Appendix: The Ground Shifts Under
Un-Citation Rules." 4 Journal of Appelllate Practice and Procedure
1 (Spring 2002).
There is an interesting internet resource that I was unaware of. A group,
known as the Committee for the Rule of Law, maintains what appears to be
an active web site at http://www.nonpublication.com. This Committee states
that its purpose is "to insure the legal system is held in strict account
to the people and the law." The Committee expressly states that its aim is
revive full publication of all U.S. circuit court opinions as well as the
opinions of record of the California appellate courts. There appears to be
a useful set of resource materials compiled at this internet site.
Thanks to everyone who helped me update the publication rules chart.
Jerry E. Stephens
U.S.Court of Appeals
Oklahoma City, Oklahoma
email: jerry_stephens@ca10.uscourts.gov
voice: 405-609-5460
fax: 405-609-5461
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