The deadline for comments to the California Reporter of Decisions concerning an
immediately available case citation with paragraph numbering is today.
Following is the letter submitted by HyperLaw.
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March 15, 1996
Fax: 415-396-9554
Mr. Edward W. Jessen
Reporter of Decisions
California Supreme Court
303 Second Street
South Tower
San Francisco, CA 94017
Dear Mr. Jessen:
HyperLaw, Inc. wishes to support the proposal that California adopt an
immediately available citation format suitable for electronic media, i.e., with
pin-point paragraph numbering. We believe that such an approach is necessary
as immediate electronic dissemination of opinions becomes routine. Moreover
the recent changes in the legal market suggests that courts need to assure the
viability of public domain citations.
We urge that all opinions from California courts, if over three paragraphs in
length, be numbered by the issuing court, whether or not a decision to publish
has been made. In this way, opinions that are initially not published and
later published or cited (for example because of an appeal) would be easily
citable.
The concept of the opinion identification citation (traditionally page and
volume number) can be easily decoupled from the pin-point identification
citation (traditionally page numbers, and we hope in the future, paragraph
numbers). Paragraph numbers are truly medium-neutral.
We also urge that the Court make available to the public a preliminary draft of
its actual proposal, perhaps with commentary and alternate approaches, before
it fixes upon all of the details of any change. Then we believe that the Court
would receive constructive comments on the implementation of the final scheme.
Too often, proponents of citation schemes become overly fixated with one
particular approach. Moreover, one approach is not necessarily applicable in
all situations. For example, California is fortunate to have a tradition of a
Reporter of Decisions, and therefore is able to implement approaches not
available in other jurisdictions.
In that regard, we suggest that some consideration be given to the possibility
of the Reporter applying some type of electronic signature to official
electronic versions of individual cases.
Reporters of Decisions, in an electronic environment, occupy a key role in
assuring the future quality and integrity of the case law of this country. The
benefits to the citizens in having broad availability to the law, in practice
and not just in theory, are important in a democracy.
A Reporter of Decisions provides an essential role in acting as the gatekeeper
to assure that case law is authoritative and accessible . Moreover, a Reporter
of Decisions can act in a leadership and educational role in guiding and
educating the lower courts as to the transition to electronic law.
Finally, we hereby request that we be provided with the request for proposal
for the new California contract, as and when it becomes available.
We are supplying additional information by mail.
Sincerely,
Alan D. Sugarman
President
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Alan D. Sugarman Federal Appeals on Disc tm CD-ROM ::
President Opinions of US Courts of Appeals ::
1993 to Date - All Circuits ::
HyperLaw, Inc. ® ::
P.O. Box 1176 DO NOT SHORT CIRCUIT YOUR CLIENTS ::
New York, NY 10023 ::
sugarman@hyperlaw.com 212-787-2812 212-496-4138(fax) ::
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