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FDLP Study: Task 9B: US Court of Appeals' Opinions



  ---------- Forwarded message ----------
  Date: Fri, 2 Feb 96 17:28:37 -0500
  From: Judith C. Russell <jrussell@gpo.gov>
  To: Multiple recipients of list <gov-info-access@rtk.net>
  Subject: FDLP Study: Task 9B: US Court of Appeals' Opinions
  
  STUDY TO IDENTIFY MEASURES NECESSARY FOR A SUCCESSFUL TRANSITION
  TO A MORE ELECTRONIC FEDERAL DEPOSITORY LIBRARY PROGRAM (FDLP)
  
  PRELIMINARY REPORT:  TASK 9B:  US COURT OF APPEALS' OPINIONS
  
  As part of the Study, a task force examined issues surrounding
  inclusion of electronic information in the FDLP when that
  information is not already included in paper or microfiche
  format.  The slip opinions of the U.S. Court of Appeals were
  selected as an example.  This task force was lead by Gary Bowden,
  Administrative Office of the Courts.
  
  This preliminary report of the task force is being made available
  for review and comment.  Comments should be submitted by Friday,
  February 16, 1996, by internet e-mail to study@gpo.gov, by fax to
  FDLP Study at (202) 512-1262, or by mail to FDLP Study, Mail Stop
  SDE, U.S. Government Printing Office, Washington, DC 20401.  
  
  *****************************************************************
  
  TASK 9B:  Evaluate how United States Court of Appeals' published
            slip opinions might be included in the Federal
            Depository Library Program (FDLP) electronically,
            although traditionally they have not been a part of the
            FDLP in either paper or microfiche format.
  
  BACKGROUND
  
  All production of opinions are handled locally by the individual
  courts of appeals. There is no centralized administrative control
  over the slip opinion process, beyond the initial contracting
  assistance provided by the Administrative Office (AO). All policy
  regarding production and distribution is made by the appellate
  court. The opinions are typically produced, and distributed to
  the court and paid/free subscribers, by contract vendors.
  
  Access to appellate opinions is available in both print and
  electronic format. Historically, the courts have provided hard
  copies of slip opinions to interested law schools within the
  circuit, often in exchange for free subscriptions to the law
  journal from the school. Other non-profit organizations also have
  received free subscriptions to the published opinions. Opinions
  always have been available to the public in the circuit
  libraries. 
  
  Electronic access to appellate opinions is available through a
  variety of sources. In addition to the electronic legal research
  options available from numerous commercial vendors, all 12
  circuits also use electronic bulletin board systems (BBS) as a
  means of providing public access to recent published opinions.
  Each circuit only has its circuit opinions available; however,
  one circuit is attempting to pull in opinions from other circuits
  in order to offer an expanded resource to the public. The BBSs
  are set up on toll-free telephone lines and opinions are
  primarily provided in ASCII or WordPerfect format. There is no
  full text search capability. In most instances, there is some
  general court information provided and an index of cases is
  available to assist the user in their search. Typically users do
  not read cases on the BBS, but  download them to their PCs to
  keep costs down and improve readability.
  
  Each circuit has established its own local rules for access and
  availability to these bulletin boards. The courts are allowed, by
  Congress and subsequent Judicial Conference policy, to charge a
  fee for access to appellate opinions. Currently, the appellate
  courts are split evenly between courts that charge a fee and
  those that provide free access. However, recent Judicial Council
  actions across the country indicate that more circuits will be
  applying the PACER (public access) fee to non-exempted callers.
  The current PACER fee is $0.75 per minute, which is based on the
  Judiciary's estimate of the cost to electronically disseminate
  the information. Judicial Conference policy does allow courts
  that charge the fee to exempt non-profit organizations from
  paying it.
  
  The Judiciary has no plans at this time to initiate an internal
  process to collect opinions and post them on its own Internet Web
  Site, which is still in its infancy. However, there have been
  several developments recently in Internet access to the opinions.
  One circuit is using a third party Internet host to upload its
  opinions to the Internet. There is also a commercial vendor who
  has added all appellate published opinions to its Internet Web
  Site, purchasing opinions from the court when necessary and then
  posting them to the site for free public use. 
  
  In addition, a consortium of prestigious law schools, generally
  one from each circuit, is attempting to provide free access to
  most appellate opinions through each school's Internet Web Site.
  Circuits are being approached individually about participating.
  This effort now has opinions from all but the First Circuit. The
  member law schools have complete responsibility for retrieving
  the opinions, processing them as they determine necessary and
  uploading them to the Internet. The judiciary is monitoring this
  project, and when requested to offer fee exemptions, has shown
  support for its development. 
  
  FEDERAL DEPOSITORY LIBRARY DISSEMINATION
  
  The Judiciary operates under an indefinite waiver from the
  requirement to utilize the Government Printing Office's (GPO)
  printing resources. This waiver was granted by the Joint
  Committee on Printing in 1985 and does require that the Judiciary
  participate in the FDLP by providing copies of opinions to all
  requesting libraries. The Judiciary has worked with GPO to
  implement this relationship; however, to date no agreement has
  been reached on an efficient and effective means for distribution
  of thousands of opinions each year. 
  
  In 1994, serious negotiations began in order to determine how
  opinions could be distributed electronically, as the Judiciary
  recognized that this was the only efficient means of handling the
  large volume of opinions. However, this project has been delayed
  in recognition of GPO efforts on setting up its Web Site, the
  court's progress at establishing a bulletin board in each
  circuit, and now the current GPO study. 
  
  DISSEMINATION ALTERNATIVES
  
  Alternative A
  
  The Judiciary could provide electronic versions of the slip
  opinions to GPO, which would in turn add them to the GPO Access
  Web Site as full-text searchable databases. Due to the
  decentralized nature of the Judiciary, there is no guarantee all
  court of appeals will participate.  Nor can the individual
  appellate courts be forced to comply with a request to send the
  opinions to GPO or the AO.  Therefore, under this alternative it
  would be necessary for the Administrative Office to collect the
  opinions and send them to GPO. The Judiciary would establish a
  reimbursable agreement with GPO to pay the costs of routine
  preparation, conversion, and storage of the electronic data. 
  
  Benefits
  
    The printing waiver granted to the Judiciary is
      continued.
  
    Public access is improved, a goal the Judiciary has
      pursued actively in recent years.
  
    As a full-text searchable database, opinions are more
      useful.
  
    Long term accessibility is maintained by GPO and the
      FDLP.
  
  Disadvantages/Problems
  
    Collecting opinions from the courts and providing them
      to GPO will require AO staff resources to develop the
      opinion collection application and monitor the daily
      collection. This will mean increased costs for the AO
      which seeks to control any new program costs. 
  
    Increased costs would be incurred by the Judiciary for
      the data formatting and storage done by GPO.  This
      would not be true if the Electronic Federal Depository
      Library Program Transition Plan is approved, in which
      case costs for conversion and storage would be paid for
      by the FDLP appropriation.
  
    Unless there is a time delay in mounting the opinions
      to GPO Access, there is a possibility that including
      the opinions in the FDLP will result in lost revenue.
      The Judiciary now is able to charge access fees to
      information users that will cover the cost of
      dissemination. These funds have been used by the
      Judiciary to fund various electronic public access
      projects, including the appellate BBS. The availability
      of slip opinions on GPO Access may reduce current
      revenue received from BBS users who will turn to the
      GPO Web Site to get their information free of charge.
      This will limit funds available to the Judiciary to
      pursue future electronic access projects.
  
  Alternative B
  
  The Judiciary could provide electronic versions of the slip
  opinions to GPO, which would in turn add them to the Federal
  Bulletin Board for depository access.
  
  Benefits
  
    The printing waiver granted to the Judiciary is
      continued.
  
    Public access to opinions is improved by having one
      central location for all opinions.
  
    Long term accessibility is controlled by GPO and the
      FDLP.
  
    No additional conversion or storage costs would be
      incurred by the Judiciary.
  
  Disadvantages/Problems
  
    As the individual appellate courts cannot be forced to
      comply with a request to send the opinions to GPO or
      the AO, centralized collection of opinions by the
      Administrative Office would be necessary. This will
      mean increased costs for the AO.
  
    There is a possibility that including the opinions in
      the FDLP will result in lost PACER revenue. 
  
    Only about 341 depository libraries are registered to
      use the Federal Bulletin Board.
  
    Opinions would be available only as ASCII or
      WordPerfect files making them less useful than a full-
      text searchable database.
  
  Alternative C
  
  The Judiciary has experienced general acceptance and broad use of
  the existing BBS. This could be made the center of the FDLP
  electronic access program. Depository libraries could be offered
  free access to the opinions on each circuit's BBS. A user from a
  home PC may be limited to accessing the BBS through a depository
  library if this is possible. The GPO Locator could direct users
  to the Appellate BBS for slip opinions. 
  
  Benefits
  
    The printing waiver granted to the Judiciary is
      continued.
  
    Public access to opinions is improved.
  
    There is no need to establish a centralized collection
      method, therefore no additional costs are incurred by
      the AO. 
  
    Additional costs for BBS and new password maintenance
      and any additional phone lines or requirements for
      larger PCs for the BBS could be met with existing
      electronic public access (PACER) funds.
  
  Disadvantages/Problems
  
    With multiple locations, it is more difficult for users
      to locate the information they need.
  
    Opinions would be in ASCII and WordPerfect format, so
      text searching would not be available.
  
    Depository libraries would have to register and become
      familiar with multiple bulletin board systems.
  
    Long term accessibility is determined by each circuit
      and cannot be guaranteed.
  
  Alternative D
  
  The Judiciary could support its own Internet Web Site to collect
  and store opinions. The opinions would be full text searchable.
  The GPO Locator would direct users to the Judiciary Web Site for
  opinions. 
  
  Benefits
  
    Public access to opinions is improved.
  
    The printing waiver granted to the Judiciary is
      continued.
  
    Security and control of the information would be
      controlled by the AO.
  
    The visibility and image of the Appellate Courts and
      the Judiciary is improved.
  
    Costs for maintaining opinions on the Web Site would be
      offset in part by other applications the site would
      provide.
  
    As a full-text searchable database, opinions are more
      useful.   
       
  Disadvantages/Problems
  
    As with Alternative A, the individual appellate courts
      cannot be forced to comply with a request to send the
      opinions to the AO. Therefore costs would be incurred
      by either the court's staff or AO staff to collect and
      format the opinions for dissemination.
  
    Unless their is a delay in mounting opinions to the AO
      Web Site, revenue might be lost from users of the BBSs
      if the information is provided free of charge.
       
  Alternative E
  
  The law school consortium project is the leading effort to
  consolidate the slip opinions on the Internet. The Judiciary
  could endorse the law school consortium project and create a
  partnership between the consortium, Judiciary/AO, and GPO. Rather
  than the Judiciary or GPO maintaining the data, the consortium
  would provide access to the opinions. The GPO Locator would refer
  users to law school Web Sites. Currently, the consortium schools
  retrieve opinions from their local circuit BBS and if opinions
  are needed from another circuit the user is transparently
  directed to the other law school Web Site with the requested
  opinions. 
  
  Benefits
  
    The printing waiver granted to the Judiciary is
      continued.
       
    Public access to opinions is improved.
  
    There is no increase in the resources needed by the
      Judiciary.
  
    This information service will be maintained and
      improved by the laws schools.
  
    There is some time delay in opinion availability. This
      would reduce the amount of revenue lost due to
      inclusion of opinions in the FDLP.
  
  Disadvantages/Problems
  
    Depository access to opinions would not be as timely.
  
    The Judiciary and FDLP are dependent on the law schools
      to maintain access to the opinions. There is no
      guarantee that opinions will be available for long term
      access. Arrangements concerning this issue would have
      to be made with the participating law schools before
      GPO could endorse the project.
  
    Not all circuit opinions are available through the
      consortium at this time. 
  
    Each of the laws schools determine how they wish to
      format the opinions. There is no standard format or
      appearance. 
  
   Information is located at several sites. The user must
     know which circuit issued the opinion they are looking
     for in order to find it.  The GPO Locator could help
     overcome this problem.
  
  ISSUES TO BE ADDRESSED
  
  In reviewing alternative methods for electronically disseminating
  slip opinions to the public, a list of issues has developed. Some
  of these issues already were raised during the development of the
  BBSs and were handled according to the interests of the circuits.
  Others will be more important should the Judiciary, through the
  Administrative Office, determine it is in its interest to develop
  a centralized access point.
  
  Long-Term Access
  
       How long are opinions maintained online? Can/should there be
       some type of electronic archiving process? What organization
       has responsibility for creating an electronic archive if one
       is necessary? Is there demand for near line access such as
       CD-ROM?
  
  Requirements for Electronic Access
  
       Should electronic access be developed to assist in legal
       research or is it strictly viewed as a dissemination
       process? Legal research requires full text search software
       and access to historical records, both of which add
       significant costs to making opinions available
       electronically.  
  
  Need and Demand for an Alternate Method of Dissemination
  
       With the current variety of non-profit and commercial
       sources for slip opinions, is it necessary to develop
       another alternative through GPO or the Judiciary? Is there
       market demand that is not being met by the current
       alternatives?
  
  Ensuring the Integrity of Data
  
       What controls exist in any electronic system to ensure
       integrity of data? Is there a need to have "true" or
       "certified" electronic versions of slip opinions? Since each
       circuit formats its decision uniquely, in order to provide
       an accurate and exact copy Adobe Acrobat Portable Document
       Format files would be needed.
  
  Costs for Dual Format Distribution
  
       The Judiciary will continue to have a demand for paper
   
  *****************************************************************
  
  Judy Russell  <jrussell@gpo.gov> 
  
  Comments should be submitted by Friday, February 16, 1996, by
  internet e-mail to study@gpo.gov, by fax to FDLP Study at (202)
  512-1262, or by mail to FDLP Study, Mail Stop SDE, U.S.
  Government Printing Office, Washington, DC 20401.