AALL LEADERSHIP

AALL CITATION FORMATS COMMITTEE

[90 L. LIBR. J. 91 (1998)]

The Universal Legal Citation Project:
A Draft User Guide
to the AALL Universal Statutory Citation
*

Introduction **

¶1 In 1994 the American Association of Law Libraries adopted portions of the report of the Task Force on Citation Formats. 1 However, the AALL Executive Board delayed adoption of the statutory recommendation of the Task Force, pending further study, and referred the area of statutes, among others, to the newly formed Committee on Citation Formats. 2 Since its formation, the Committee has met regularly to consider the issues surrounding the citation of statutory law in the current environment of both print and electronic media.

¶2 The issues regarding statutory citation differ significantly from those of case law. 3 Unlike a decision, a statute can have a continually changing text dependent on legislative activity. The writer has an obligation to provide a reference to the accurate text of the relevant statute. In addition, the citation must affirm that the text presented is not only accurate, but that it is accurate as of a particular date.

¶3 Textual differences can arise out of the legislative process and the procedure for creating codes. The codification process consists of taking selected provisions of the session laws and arranging them in a different order to create the code. In some states, such as Arkansas and Texas, where the legislature meets only once every two years, it is necessary to codify the session laws only biennially. Other state legislatures, such as those in California and New York, meet annually. The United States Congress is almost continually in session.

¶4 Congress's continual lawmaking invites continual updating of the United States Code. However, the official paper version of the Code is recompiled only once every six years, and the paper supplements are compiled annually. 4 The official CD-ROM version recompiles the entire Code, merged with its supplement, once a year. The official Web site is updated most frequently of the three versions, 5 as each volume of the paper supplement is printed. On the other hand, commercial publishers who have the text of the session laws can and do compile unofficial versions of the U.S. Code more often. West Group, for example, compiles its print and online codes bimonthly, and its CD-ROM code quarterly. 6 This raises the likelihood of variations in text between different versions of the same code. While it was always possible for different print versions to have this problem, it has now become commonplace, due to the advent of electronic publishing and the ease with which codes can be recompiled. Today researchers are confronted with a bewildering array of printed and electronic versions of the U.S. Code that are current through different dates.

¶5 A related issue that has always existed, but of which many researchers were unaware, is the possibility of differences between the session law text and the text of the code. If there is a material difference in the texts, and the code has not been enacted into positive law, convention requires the writer to cite the session laws, not the code. 7 Some states such as Alaska and Missouri have not enacted their code into positive law. The entire text is merely prima facie evidence of the law. Other states such as Arkansas enact their codes but with a "rabbit hole" that allows writers to cite the session law instead if the code text is wrong. 8 Still other states, such as Arizona, enact their codes but do not enact codified forms of the subsequent, amending session laws. Others such as Louisiana and Texas are in the codification process, and have a combination of completed codes and compilations. Finally, other states such as Alabama and California have enacted their entire codes and also enact codified amendments.

¶6 These issues raise a problem much more serious than the rare accidental differences in text that occur in case law. The problem manifests itself in the date used in citing a statutory code section. Several possible choices for dates confront the writer. The Bluebook requires writers citing a code to give the publication date of the print source, whether it is a bound volume, pocket part, or paper supplement. 9 However, an equivalent publication date does not exist for codes available online, on a CD-ROM product, or on the Internet.

¶7 The date that the writer actually views the code is another possibility, but this alternative does not indicate the currency of the code text which the writer is consulting. A writer could view the official version of the U.S. Code and West Group's version on the same day, but the two versions would be different, because West Group recompiles its code more frequently than does the U.S. government.

¶8 Another possibility is to use the date of the last amendment. While this date is uniform across code versions, it may or may not give the reader any sense of how recently the research has been done. The writer may be citing statutes that were last amended in 1925, even though the code was checked in 1998.

¶9 Ultimately, the currency of all statutory provisions is best defined by a "legislative event." The Committee defines a legislative event as the last activity of the legislature covered in the source consulted. Such an event can indicate the end of a session, or the last enactment, if a legislature is still in session. This date, found following the words "current through," and present in virtually all versions of all codes, allows writers to "timestamp" exactly what text they are using. Therefore, the Committee proposes the use of the "current through" date to solve the problem.

¶10 Finally, The Bluebook requires citing, in abbreviated form, the actual title, and often the publisher, of statutory codes. 10 In place of this requirement, the Committee has provided a "code designation" that is both simple and standardized, yet keeps the essence of the official name for each jurisdiction's code without reference to a publisher or format. Use of this designation eliminates the need to refer to the publisher since theoretically, each version should be identical as of the same "current through" date. Moreover, it is not necessary to specify whether the writer is using an annotated code, so "Ann." has been omitted from the standardized designations. The only exception to this rule is when a jurisdiction has two or more codes with different numbering schemes, in which case the writer must specify the version. 11

¶11 The Committee believes that these rules satisfy the obligation to present an accurate, timestamped text. To this end, the AALL Committee on Citation Formats presents this draft User Guide to the AALL Universal Statutory Citation for public study and comment. Suggestions to improve either the universal statutory citation or the User Guide should be conveyed to the Committee on Citation Formats.12


* © American Association of Law Libraries, 1998. This is the second in a series of guides to be published as part of the Universal Legal Citation Project. See The Universal Legal Citation Project: A Draft User Guide to the AALL Universal Case Citation, 89 L. LIBR. J. 7 (1997) [hereinafter Case Citation Guide].

** The introduction to the Draft User Guide was prepared by Lynn Foster, a member of the 1997-98 Committee on Citation Formats of the American Association of Law Libraries, and Associate Dean and Professor of Law, University of Arkansas at Little Rock School of Law, Little Rock, Arkansas.

1 MINUTES OF THE AALL EXECUTIVE BOARD, July 13, 14, 18 & 20, 1995, at 2107-08 (on file at American Association of Law Libraries Headquarters, Chicago). For more information on the history of the project and the activities of the Task Force, see TASK FORCE ON CITATION FORMATS, AM. ASS'N L. LIBR., REPORT (1995), reprinted in 87 L. LIBR. J. 577 (1995) [hereinafter TASK FORCE REPORT]; Case Citation Guide, supra note *, ¶ 5-7.

2 MINUTES OF THE AALL EXECUTIVE BOARD, supra note 1, at 2103.

3 For a discussion of issues relating to case law citation, see TASK FORCE REPORT, supra note 1, ¶¶ 27-44.

4 The paper supplement is cumulative and thus grows in length every year, adding volumes.

5 Telephone Interview with John Miller, Law Revision Counsel, U.S. House of Representatives (Dec. 9, 1997).

6 Telephone Interview with Joe Edwards, Director of U.S.C.A. & Alabama products, West Group (Dec. 15, 1997).

7 THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION 75 (16th ed. 1996) (Rule 12.2.2(c)).

8 AR Code § 1-2-103 (1995 through 1st Ext Sess).

9 THE BLUEBOOK, supra note 7, at 78 (Rule 12.3.2).

10 Id. at 77 (Rule 12.3.1(d)).

11 As of January 1998, Michigan is the only jurisdiction of this type, with two versions of the code actually numbered differently.

12 The 1997-98 Chair of the AALL Committee on Citation Formats is Marcia Koslov, State Law Librarian, Wisconsin State Law Library, who can be contacted at (608) 266-1424 or <mkoslov@llaw-lib.state.wi.us>


User Guide to the
AALL Universal Statutory Citation
*

Draft Release 3.1
January 1998

American Association of Law Libraries
Committee on Citation Formats **

¶1 Purpose. This guide indicates how researchers can cite American statutory law, as published in codes, 1 compilations, and session laws, using the universal statutory citation developed by the American Association of Law Libraries (AALL).

¶2 Scope. These rules are intended to assist researchers in crafting accurate, unambiguous citations that enable readers to identify and locate cited legal authority in any format. Ancillary issues such as typeface, style, or signal conventions are beyond the scope of this guide. For these and any other issues not addressed in this guide, the researcher should follow the most current edition of The Bluebook: A Uniform System of Citation. 2

Throughout this guide examples appear with redlining, which is used to show where and how a particular rule applies in the context of a citation.

Rule 1. Basic Statutory Citation Form. [Related to Bluebook Rules 12.2.1 and 12.2.2.]
Always cite statutes to a current statutory code (Rule 2) rather than to a session law (Rule 3), except in the following cases:


Rule 2. Elements of a Statutory Code Citation. [Related to Bluebook Rule 12.3.]
A full statutory code citation includes the following elements, but should not include reference to a specific published source:

      Examples:
      CO Rev Stat § 1-40-107 (1996 through 2d Reg Sess, 60th Gen Ass)
      MS Code § 91-9-107 (1996 through Reg Sess)

Rule 3. Elements of a Session Law Citation. [Related to Bluebook Rule 12.4.]
A full session law citation includes the following elements:

The order in which these elements appear varies by jurisdiction. The elements should be put in the order specified for each jurisdiction in Appendix, Part C.

Rule 4. Name of the Statute. [Related to Bluebook Rules 12.31 (a) and 12.4.]


Rule 5. Standardized Code Designation.
When citing a code, use the standardized code designation provided in Appendix, Part C.

Rule 6. Code Citation: Numbering.
Indicate the code section being cited in accordance with the standardized format for that jurisdiction provided in Appendix, Part C.

Rule 7. Code Citation: Date.
The elements of the "current through" date include:

Always list the year first, followed by the word "through." The word "through" refers to the legislative event (e.g., the last meeting of the legislature), and not the enactment of the statute being cited. Simply listing the session indicates current through the end of the session. If the session or session law information is not available, cite to the year through which the code is current. Use the abbreviations of legislative terms provided in Appendix, Part D.


Rule 8. Standardized Session Law Designation.
When citing a session law, use the standardized session law designation provided in Appendix, Part C.


Rule 9. Session Law Citation: Legislative Session.
Include the legislative session in the citation if it is necessary to uniquely identify the session law. Use the abbreviations for legislative terms provided in Appendix, Part D.


Rule 10. Session Law Citation: Year.
Include the year of enactment in the citation to a session law. If the year is already indicated in the session law designation, the number or unique identifier, or the name of the act, do not include it twice.


Rule 11. Session Law Citation: Number or Unique Identifier of the Act.
Include the act number, law number, bill number, or similar number of the session law. For guidance use the examples in Appendix, Part C.


Rule 12. Session Law Citation: Section, Paragraph or Page Number.
Include the section, paragraph, or page number of the session law, in that order of preference, if citing to a specific portion of the session law. A title or part designation may also be included if it will aid in identification.


Appendix
Standardized Table for AALL Universal Citation
3

Part C: Standardized Code and Session Law Designations

Use the following designations of form and elements in citing to the code and session laws of American jurisdictions.

Part D: Statutory and Legislative Abbreviations


* © American Association of Law Libraries, 1998.

** The principal drafter for AALL Committee on Citation Formats was Lynn Foster, Associate Dean and Professor of Law, University of Arkansas at Little Rock School of Law, Little Rock, Arkansas.

1 "Codes" and "recompilations" can have different meanings. For purposes of this document a code is defined to include a compliation, and means a recompilation of session laws in a subject arrangement, whether it is formally enacted into positive law or not.

2 As of January 1998, the date of Draft Release 3.1, the most current edition is the sixteenth. THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION (16th ed. 1996).

3 Part A (Geographic) and B (Court Names) of the Standardized Table for AALL Universal Citation comprise an abbreviation dictionary for the AALL Universal Case Citation. See The Universal Legal Citation Project: A Draft User Guide to the AALL Universal Case Citation, 89 L. LIBR. J. 7, 18 (1997).


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