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Thursday, July 27, 2006
Ind. Courts - More on NFP decisions
Serendipitously (in light of this earlier ILB entry today), I just ran across this entry in a good new blog -- the (new) legal writer ("A collection of resources for lawyers, who write"). The entry is headed "Citation of unpublished decisions soon to be okay in Louisiana." A quote:
Currently in Louisiana, unpublished decisions of the courts of appeal cannot be cited. See Rule 2-16.3 Unif. R. La. Cts. App. That will change when Act 644 of the recently concluded legislative session becomes effective. The Act creates new Code of Civil Procedure Article 2168 which (a) requires Louisiana appellate courts to post their unpublished decisions on their respective web sites; and (b) authorizes citation of those unpublished opinions as legal authorities.Well, the passage of a law is certainly NOT what I am urging for Indiana. And indeed, the first reader comment to the entry asks: "Isn't this act unconstitutional? Can the legislature force the court to publish an opinion when the court itself has set up rules to determine what is published? Is this not an infringement on the independency of the courts by a separate branch of government?"
Posted by Marcia Oddi on July 27, 2006 10:41 AM
Posted to Indiana Courts