Criminal Law Library Blog

BY DAVID BADERTSCHER

Since October 11, 2007 the New York Supreme Court Criminal Term Library, New York County has been uploading slip opinions of the New York Supreme Court Appellate Division, First Department to the Criminal Law Library Blog. See http://www.criminallawlibraryblog.com/court_decisions/new_york_supreme_court_app_div/

As could be expected, users of that blawg who consult the slip opinions posted have started asking questions about how these slip opinions should be cited where found by consulting this blawg. Here is a recent question received by the Library:

"...I got a phone call from an attorney reading the [Criminal Law Library Blog] where the slip opinions from the Appellate Division [First Department] are posted. She was preparing a brief and needed a cite, not Westlaw whatever. Can the cite be determined from the blog or do we have to go to Westlaw or Lexis?"

After receiving this question I consulted the web version of the New York Official Reports: Official Reports Style Manual which is an official, authorative source for offering guidance for citing New York cases, including slip opinions, see http://courts.state.ny.us/reporter/NYStyleMan2007.pdf, to determine if the question posed has been addressed; my concern was that whenever possible citations should conform to established the established conventions of the jurisdiction involved, in this instance the State of New York.

While the Official Reports Style Manual does not address directly the accepted format for citing slip opinions found on a blaw posting, it does offer guidance through a combination of its sections that together can be used to construct a format for citing New York Slip opinions on a blawg. Specifically, Section 2.2(a)(8) "Citations to Slip Opinions" and Section 7.1(c)(3) " Citation to a Document or Page on a Web Site". Section 7.1(c)(4) "Weblog Citation" does not address directly the citing of cases found on a weblog but it does offer the following guidance: "For citations to weblogs (blogs), follow the general citatation style above [Section 7.1(c)(3)] including the name of the weblog, the title or entry, the URL, and the date of posting."

For your convenience I have prepared two sample citations to slip opinions posted on the Criminal Law Library Blog that should meet the above standards if you find it necessary to include a blogsite in your citation:

(Tighe v. Henneghan Construction Co. Inc., _AD3d_, 2008 NY Slip Op 2287 [1st Dept. 2008], Criminal Law Library Blog, http://www.criminallawlibraryblog.com/ny_AppDiv1_SlipOp_02-05-2007.pdf [February 5, 2008])

(In Matter of Zelda E. Stewart, _AD3d_, 2008 NY Slip Op M-6222 [1st Dept. 2008], Criminal Law Library Blog, http://www.criminallawlibraryblog.com/Ny_AppDiv1_Stewart_02-05-2008.pdf [February 5, 2008])

In this posting I have only considered slip opinions in the State of New York. Acceptable. Due to the need to post this information in a timely manner, I have only briefly reviewed citation formats for cases on blawgs in other jurisdictions. From that review I suspect requirements in many other locations will be similar to those outlined above.

This points out again the urgent need generally to address issues related to the appropriate and functional citation of legal materials stored in a digital format. It is good to see that the American Association of Law Libraries working with others is continuing to carry on this effort
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*The opinions expressed above are entirely my own and do not reflect any opinions or commentary, official or unofficial, of the State of New York Unified Court System.