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May a California county law library legally deny an individual or a class of individuals access to the law library?
On that same note, may a California county law library legally charge a fee for the use of library materials?
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Laura Norvig |
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Encyclopedic Resources:
- Witkin -- no reference to Law Libraries in subject index
- Cal Jur 3d -- Under Law Libraries, cites
- Courts §§ 37, 50
- Occup § 1
- Penal § 94
- Sch § 48
Of the Cal Jur references, only Occup § 1 has direct bearing on the question. In a sense the key issue here is
that the board of law library trustees really holds the power -- they govern the law library. "The code specifies
who may use a county law library and provides that the board of trustees mmay establish regulations as to the
removal of books from the library." 47 Cal Jur 3d Occupations and Trades § 1.
Statutory Resources:
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The code referred to in Cal Jur to can be found by looking in the index of West's Annotated Calif. Codes.
It is Business & Professions § 6300 et seq. Other cites in West's index are Educ § 19177 (cooperation of the
law library and the county free library -- the same issue addressed in 56 Cal Jur Schools §48) and Gov § 14907
(a County law library may apply to become a selective oor complete depository library).
- The most relevant section of Bus & Prof is 6360. The library "shall be free to the judiciary, to state and county
officials, to members of the State Bar, and to all residents of the county for the examination of books ...". According
to this language, patrons that are not county residents could technically be refused service. This section also
addresses fees, allowing the collection of dues for borrowing privileges. But if such fees are to be charged to member
of the bar resident in the county, the board of supervisors must approve.
- Also important is 6343. "A board may make and enforce all rules, regulations and by-laws necessary for the
administration, government, and protection fo the law library, and of all property belonging thereto ..."
Case Law:
- Very little case law (that I could find ...) applies specifically to California County law libraries.
- West's Calif Digest 2d Reference to county law libraries employment plan (N/A)
ALR Quick Index No references to Law Libraries except for the prison-related issue.
- One has to look at the wider case law for libraries in general with the understanding that this does apply to
County law libraries. For example, Brown v. Louisiana, 383 U.S. 131 (1966) has applicability when it specifies
that the state may "regulate the use of its libraries" but "must do so in a ... nondiscriminatory manner." 15 Am Jur
2d Civil Rights § 52.
Law Review Articles:
Both the pocket part update of 56 Cal Jur §48 and a Lexis search refer to an article, The Law Library 42 Dicta
No. 12, p. 13.
Other Secondary Materials:
A 1953 book, The Libraries of the Legal Profession by William R. Roalfe, discusses a survey of
law libraries and reports that out of 69 County law libraries, "there are 24 which do not restrict the use
of the library in any way. Consequently, to the extent that there may be any interest in these libraries they
are as available as any general public library. However, although the other 45 libraries are also supported
in whole or in part by taxation, this has not prevented the application of some restrictions on their use.
In other words, the specialized character of the function of nearly two thirds of the county law libraries
has been specifically recognized. The use of seven of these libraries is regularly restricted to lawyers, and
an additional 32 may be used only by lawyers and public officials."