The ABA House of Delegates is scheduled to discuss and vote on the
ABA Citation Issues Report on Monday or perhaps Tuesday at the ABA
Annual Convention being held in Orlando, Florida.
Reportedly, several state court judges have asked the leadership of
the ABA to table the vote on the grounds that state courts were not
consulted and that the proposal is premature.
The ABA Committee included a State Court judge who was to act as a
liason with the state courts (also included as ex officio members was
a federal district court judge and a representative of the
Administrative Office of United States Courts).
Among the organizations that were completely apprised of the
proposal, as well as the proposal of the AALL, include:
The National Center for State Courts
The Association of Reporters of Judicial Opinions
The AALL (which includes many librarians who run state court
libraries).
The 1995 AALL annual convention included many state court judges who
were fully apprised of these proposals.
Obviously, the state courts of Wisconsin, South Dakota, California,
Colorado, New Mexico, and Louisiana, which have studied and/or
adopted all or part of the features which are included in the
proposals, are well aware of this proposal. The Reporter for the
State of New York testified before the ABA Committee hearing in
December.
The ABA Committee operated in a completely open fashion. It held an
advertsied public hearing, and circulated drafts of its proposals in
a timely fashion. The final conclusion was that there were "clear
and convincing" reasons to promote new citation methods.
However, we take the threat of the state court judge seriously (we
also note that this appears to be a gross breach of a rumoured
understanding that West would not oppose the proposal if certain
words were added to the resolution --- the words were added).
Alan
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