We recently noted that the Judicial Conference of the United States, the policy-making body regarding the administration of the U.S. courts, adopted guidelines for judges to preserve Internet materials cited in court opinions. See Judicial Conference Encourages Preservation Of Internet Materials Cited In Opinions; see also Internet Materials in Opinions: Citations and Hyperlinking, The Third Branch, Newsletter of the Federal Courts (July 2009).
The guidelines address the digital era problem of citing to Internet information which later becomes unavailable due to a broken link. As previously reported, the Judicial Conference suggests the website material be attached to the opinion and maintained in the Judiciary’s Case Management/Electronic Case Files System. There would be no charge to access the material and opinion. Report Of The Proceedings Of The Judicial Conference Of The United States, at 10-11 (March 17, 2009).
It is generally known that as more information becomes available on the Internet, courts are referring to Internet sources with greater frequently. So what type of Internet-based information are courts relying upon? A snapshot was provided by some circuit librarians who began collecting Internet-cited information as part of a pilot project that led to the Judicial Conference Guidelines. Ironically, a couple of the cited website links were no longer available to be included in the compendiums. The snapshot they provide reveals the type of information cited by the courts.
- Dictionaries, quotations, and similar reference materials
- Wikipedia information
- Statistical information, such as World Internet Usage Statistics News and World Population Stats; Bureau of Labor Statistics
- Newspapers and magazines
- State bar discipline records
- Municipal codes
- Agency opinions
- Government reports, publications and manuals, such as
- Internal Revenue Service publications
- State Department; National Institute of Mental Health; Manual on School Uniforms
- U.S. Commission on Civil Rights
- Central Intelligence Agency Country Factbook
- National Hurricane Center
- U.S. Customs and Border Protection Inspector’s Field Manual; U.S. Sentencing Guidelines Commission
- Texas Department Of Criminal Justice Offender Orientation Handbook
- Department of Health and Human Services
- Report to the 74th Regular Session Of The Nevada State Legislature, 2007, Regarding The Creation Of The Nevada Court Of Appeals
- Mississippi Poll Manager Guide For Use With The Tsx Voting System Election Day Operations
- oxicological Profile For Benzene
- Government forms, such as:
- Application for Asylum and for Withholding of Removal (Form I-589)
- Application for Advance Permission to Return to Unrelinquished Domicile (Form I-191)
- Chapter 13 Statement Of Current Monthly Income And Calculation Of Commitment Period And Disposable Income
- Government agreements, such as:
- Memorandum of agreement between government agencies
- State Gaming Compacts
- United Nations Convention on the Law of the Sea
- Government office or mission information, such as the Office of Special Counsel for Immigration Related Unfair Employment Practices
- Government letters, such as from the State Department
- Congressional hearings
- Legal guidelines, such as:
- American Bar Association guidelines, for the Appointment and Performance of Counsel In Death Penalty Cases
- American Arbitration Association Employment Arbitration Rules and Mediation Procedures
For more information, see the lists compiled by the Fifth and Ninth Circuits. See Ninth Circuit Library, Websites Cited in Ninth Circuit Opinions, 2008 (also available here; Internet Home of the Fifth Circuit Library, Reviewing Opinions Issued since January 1, 2007. (also available here.)
Comments
Post new comment