According to an article in the Legal Intelligencer (subscription required), the Superior Court will begin to post unpublished memorandum decisions online. This step towards transparency and accessibility will take place by the end of the year, but may be sooner, according to President Judge Correale F. Stevens. The effort began when many attorneys and litigants expressed a desire to access the unpublished memorandums. As this demand grew it eventually led to a consensus of judges to post the decisions.
President Judge Correale F. Stevens explained that the Superior Court has made an effort to be both open and responsive. However, there are a vast amount of unpublished memorandum decisions. In fact, almost 95% of the decisions the Superior Court made last year were unpublished; only 278 opinions were published, while 4,879 decisions were unpublished.
Not only will the decisions be accessible, in the future, they may be persuasive. Although not precedential, allowing attorneys to cite the decisions for persuasive authority would be a welcomed step. Other courts have also allowed their unpublished opinions to have persuasive value. Last year the Commonwealth Court adopted procedures to allow parties to cite unpublished decisions after January 15, 2008 for persuasive value. The Superior Court plans to revisit this issue.


