NELSEN LAW OFFICE David M. Nelsen Attorney aT Law 956 East State Street Mason City, IA 50401 Phone 515-424-5188 Fax 515-424-5403 March 12, 1997 Via Fax: 202-273-1555 ABA Citation Resolution Suite 4-512 Administrative Office of the U. S. Courts Washington, DC 20544 Re: Public Domain Legal Citation The public has been invited to comment on two questions: 1. Whether the Federal Courts should adopt the form of official citation for court decisions recommended by the ABA Resolution; and 2. The costs and benefits such a decision would have on the courts, the bar, and the public. Addressing Question #1 first, it is not only inappropriate but is outrageous to believe and/or allow a private company to believe or subscribe to the belief that it is the owner of the government decision merely because it has placed a citation upon the government's decision. By so doing, it immediately limits the accessibility to court decisions that are in the public domain and, in my belief, owned by the taxpayers, without having to pay some third party an amount of money to gain access to its own property or decision. As the owner of these court decisions, the public should not have to pay or subscribe or have limitations on the decisions in the accessibility. This would apply to students, professors, and the public in general as business persons, scientists, or any other persons who have a need to know what our courts are doing regarding the law in this country. By having access to court opinions, citizens should then be able to settle disputes of their own in a more timely, cost efficient way, and hopefully, without having to ask for access to the court's system. Simply because they know and can read on the Internet what the courts are saying about their problem. In addition, the owners of the decisions or taxpayers have access to the laws that they need to obey as well as the interpretation given by our courts to those laws. Question #2. As to the costs and benefits of following the recommendation of the ABA Resolution, it becomes merely a comparison of what one pays for the use of the Internet on a monthly basis to receive the decisions as opposed to what one must pay as a taxpayer to receive a copy of its own property because it has been published by some third party. The costs as well as the benefits are enormous when we start to look at the accessibility to persons of lower income, no income, or little income, like students, to persons in rural communities, such as one where I live. Costs, of course, are part of the travel that is then necessary if a student or other person desirous of learning and reading the decision must travel to some public institution that has the published decision now produced by private third parties at extremely high costs. It would no doubt be alarming to learn what the cost savings would be by having the decisions produced or published on the Internet merely in the paper cost savings as well as the destruction of trees, clean air, etc., etc., etc. The saving would be enormous for three levels of government as well, that being federal, state, and local, as they are gigantic consumers of such information. Their expenses and costs would be reduced remarkably, which in turn would save every tax payer moneys and time by such a decision. In closing, I can find no legitimate reason to exclude the taxpayers from direct access by following the ABA form of official citation for court decisions. I sincerely hope upon your I examination of the issues, you will find the same. I thank you for taking time to read my concerns and belief that the ABA Resolution should be followed. Best regards. Sincerely yours, NELSEN LAW OFFICE David M. Nelsen