January 26, 1996 MEMORANDUM TO: State Chief Justices FROM: ABA Special Committee on Citation Issues RE: Invitation to Submit Comments At the annual meeting of the American Bar Association in August, 1995, the Board of Governors created a Special Committee on Citation Issues. The work of this committee is described in the attached summary. The committee is inviting the submission of comments and recommendations on citation issues from all interested entities. We welcome submissions from the judiciary. J.D. Fleming, Jr. Chair EXHIBIT D CONFERENCE OF CHIEF JUSTICES RESOLUTION IX Development by the Conference of Protocols for Citation Systems WHEREAS, the state courts in each state have the primary responsibility to determine the manner in which they will publish and disseminate the official opinions of each of their courts; and WHEREAS, the publication of such opinions must reflect technological change so that the public and legal community can be afforded fair access to such opinions; and WHEREAS, the American Bar Association has undertaken to adopt recommendations for uniform citation conventions after a study and recommendation by an ABA committee; and WHEREAS, the ABA study did not include or involve consultation with the Conference of Chief Justices prior to the issuance of that committee report; and WHEREAS, the report of the committee inadequately addresses the perceived problems; NOW, THEREFORE, BE IT RESOLVED that: * it is appropriate for state courts to plan for improvements in state citation systems that will recognize the importance of the electronic media and establish a level playing field between print and electronic reporting of state court decisions; * it is premature to adopt any particular plan for change in prevailing citation systems before the Conference has further opportunity to obtain reliable answers about the manner in which any changed system would operate and the costs that such a changed system would entail; * the Conference should undertake its own study, assisted by the National Center for State Courts, to consider various ways of adapting to electronic dissemination of state court opinions with a view toward developing a series of protocols that might provide an acceptable national and uniform model for each of the state courts to consider, adopt or modify in light of the needs of the courts of that particular state. EXHIBIT C Proposed by the Committee on ABA Citation Issues and the Board of Directors of the Conference of Chief Justices in Nashville, Tennessee, at the Forty-eighth Annual Meeting, on August 1, 1996.