Bench & Bar

JUL 2018

The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.

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| JULY/AUGUST 2018 22 out hard copies of the websites cited in an opinion, and these hard copies would be kept with the physical case file. While this solu- tion would allow future researchers to access the cited source(s), it is not an ideal solution given a researcher's desire for instant access in the digital age. In order for a researcher to gain access to the physical file, one would need to request the file from either the Clerk's office or the Department for Libraries and Archives in Frankfort. e opinions themselves are freely available online and consumers of these opinions would expect archived websites to also be so available. A more "digital" solution to this issue would be to follow the lead of some courts that have implemented a digital archiving solution for URLs cited in opinions. e earliest attempt to tackle link rot in appellate opinions was undertaken at the federal level. "Since 2007, federal court libraries have been tracking citations to online resources and preserving original documents and web pages as .pdf files. is project was created by the Library of the U.S. Courts of the Seventh Circuit in 2007 and was quickly implemented by most of the other Circuit Library programs". 9 e Internet citations are captured as .pdf files and either archived on the Circuit Library's web site, or embedded within the PACER system for the respective opinion. 10 While the federal Courts have access to a uniform case manage- ment system, PACER, the same is not true at the state level, and so solutions have varied from doing nothing, to using an outside service to help with the issue of link rot. For example some states are using Perma.cc 11 to archive websites and links in its opinions. Perma.cc is a web tool that allows indi- viduals to create permanent links to materials as they appeared at the time the Perma.cc link is created. Perma.cc was developed by Harvard's Law Library Innovation Lab and is maintained by them and other university law libraries across the country interested in the preservation of resources for future use. Perma.cc is a free service so access is not limited by contracts or loss of services by cancelation of such contracts. Utah uses Perma.cc as a way to combat link rot. e State Law Library takes the lead in informing and helping the judges and law clerks with using Perma.cc. While there is no "official rule" requiring that the Courts use Perma.cc, the Courts appear to be using it to preserve links in opinions for future accessibility. 12 Some jurisdictions are creating a "home-grown" system to deal with the issue of link rot. In Florida, the Supreme Court Library, has created its own website where it maintains .pdf copies of the websites cited in court opinions. e goal is "to capture, as closely as possible, what the court was referencing at the time the opinion was released." 13 Fastest smartest malpractice insurance. Period. 800.906.9654 GilsbarPRO.com Features: POTPOURRI

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