Representative Sanders asks for comments on DOJ CALR procurement

[James Love <love@tap.org>]

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TAXPAYER ASSETS PROJECT - INFORMATION POLICY NOTE
CROWN JEWELS CAMPAIGN - Juris, Legal Information
August 15, 1994

The following letter from Representative Bernard Sanders (i-Vt), was sent 
to Attorney General Janet Reno and OMB Director Alice Rivlin.  The letter 
asks for a formal public comment period before DOJ issues its Request for 
Proposal (RFP) for Computer Assisted Legal Research (CALR) services.
   jamie  (love@tap.org)


                  Congress of the United States
                    House of Representatives
                    Washington, DC 20515-4501

                         August 11, 1994


The Honorable Janet Reno
Department of Justice
Constitution Avenue and 10th Street NW
Washington, DC 30520

Dear Madame Attorney General:

     I am writing you to share some thoughts and concerns about
the anticipated Request For Proposal ("RFP") for computer
assisted legal research ("CALR") bids to be sought by the
Department of Justice ("DOJ") later this month. I feel it is
paramount that the Department of Justice remain watchful of the
public's interest to have affordable and broad access to the law
in all of its various forms (print, electronic database, etc.).

     As you know, during the Reagan-Bush years, the DOJ acted to
promote the interests of private concerns often at the general
public's expense.  For instance, the DOJ's contract with West
Publishing Company, in which West retained proprietary ownership
rights over the text of the federal judicial opinions, resulted
in West pressuring the federal government to shut down Juris in
late 1993. This mistake should not be repeated. The federal
government should never again allow a bidder to retain a
proprietary interest in the text of federal judicial opinions.

     Several states and the Sixth Circuit have adopted a public
citation system for their case law and some states have taken
steps to put their case law in the public domain.  The DOJ should
study whether actions taken in these jurisdictions could work for
itself.

     The DOJ must take advantage of its position as the world's
largest legal organization and obtain the best deal for the
government as consumer and to encourage product improvement. In
negotiating a contract with any bidders, the DOJ must keep sight
of its primary interests to protect the public and also to keep up
with advances in computer technology. Private concerns should be
allowed to vigorously compete for value added services and
products as long as the case law and method of citation remains
in the public domain. It is vital for the successful functioning
of our democracy that average citizens have access to the law
which in this era means not only law in books but also via
computer databases.

     Consequently, I urge the DOJ to issue a Request for Comment
("RFC") before it release the RFP.  The RFP, as currently
drafted, would be likely to attract two bidders at best. With so
many important issues to consider, I feel it would be prudent to
keep the process open for a longer period to solicit further
public comment and to allow the DOJ to investigate the broad
array of options for CALR. Following an RFC period, I feel the
DOJ will be in a much better position to keep pace with the
technology curve and to facilitate the ownership of public assets
by the public.

     Thank you for hearing my concerns. I trust you will make
decisions which will foster the public's confidence. Please feel
free to contact me with any questions or comments.


                              Sincerely,



                              Bernard Sanders
                              Member of Congress


BS;mwg


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