Recently, the Colorado Supreme Court posted a proposal for adding public domain citations to Colorado case law. As part of the proposal, they asked for comments from the public. CALI submitted a response – which includes some suggestions for changes to the proposal – that appears below.
Why do we care about public domain citation in Colorado? The answer is two-fold. One, we’re selfish. Public domain/vendor neutral/media neutral citation formats are a first step in making law open and accessible. The more open and accessible law becomes, the easier it is for us to create CC licensed educational products for our member community. I have a domino theory of Open Law…each time a jurisdiction makes a step towards opening up their legal materials, the more likely it is that some other state will look to them and say, “Well, if Colorado can do it, we can and should too.”
Secondly, CALI works with organizations like the Legal Services Corporation (aka the people that fund Legal Aid organizations) and Chicago-Kent’s Center for Access to Justice & Technology to develop technological solutions to the issues involved with helping the public and increase access to justice. One such solution is our A2J software which helps legal aid attorneys create computer-based, self-guided A2J interviews for use by unrepresented litigants and others in need. The A2J interviews walk users through a step-by-step question and answer process, which, in the end, creates a legal form. Open law is another piece in the Access to Justice puzzle; Justice cannot happen when people are prevented from obtaining legal information. We believe that an individual’s ability to access the law that governs them should not be dependent on their ability – economic or otherwise – to use commercial products. The law should be free and open and readily available. Courts can put up all the PDFs of case law that they want…but if a litigant is required to still cite to the regional reporter citation, they are tied to the commercial publications.
Oh, enough of my ranting…..Here’s the text of the letter Continue reading →