Author  : Gretchen Thiberville at ~5BC-LAE-Neworlean
Date    : 3/7/97 11:29 AM
Priority: Normal
Receipt : Requested
TO      : citation at AO-OCPPO 
Subject : Re: ARA Resolution on Citations 

                          Message Contents 

     I would like to respond to the February 20, 1997 Memorandum 
concerning the ABA Resolution on new citation forms. 

     As a law clerk in the federal judiciary system for almost nine 
years, I feel I have some expertise on this issue. I cannot 
wholeheartedly endorse the concept of an "official citation" beyond 
those currently in use. A system that is not in any way dependent on 
a judge's own evaluation of which opinions have precedential value is 
not a good one. However, because of the increasing use of electronic 
case reporting for various reasons, I suppose such citation changes, 
as well as a departure from dependency on the West citation system, 
is ultimately inevitable. Nevertheless, I am not in favor of the 
sequential numbering system used in the proposed citation form. 

     From the vantage point of the Bankruptcy Court and Clerk's 
Office, this would be a very difficult numbering system to implement 
and to track. Not all opinions are entitled as such, yet an "Order 
and Reasons" might also be worthy of receiving an "official 
citation". On the other hand, if every order or minute entry which 
the Court issues is to receive a citation, then the citation numbers 
could get quite high. Another foreseeable problem is logistical in 
that the sequence of numbers would have to be closely tracked to make 
sure each opinion, order, etc. that is worthy of citation receives a 
different number. In our Court, several case administrators docket 
pleadings for both judges and could end up unknowingly numbering 
different opinions with the same number. Additionally, I think the 
proposal to have the Court number each paragraph in an opinion is 
cumbersome and unnecessary since the pages are already numbered and 
this can be used for reference. 

     I believe the citation system used for unpublished decisions, 
and which is in use as the "official citation" for many states 
courts, is preferable for the federal courts. This would mean citing 
a decision using the case number, the court name and the date of the 
decision. This method uses information already recorded for each 
decision and does not depend on an arbitrary numbering system. 

     I hope these comments assist in the gathering of information 
concerning this proposal. 
!NR
                                   Sincerely yours, 

                                   Gretchen Thiberville 
                                   Law Clerk to 
                                     Judge Thomas M. Brahney, III 
                                   United States Bankruptcy court 
                                   Eastern District of Louisiana 
!EN