Legal Writing

Rally Support for Plain Language Law

A proposed law requiring the US federal government to use plain language on certain forms and documents is stuck in a Senate committee, due to the opposition of the legal staff of Utah Senator Robert Bennett.

The Plain Language in Government Communications Act of 2008 (S-2291) requires some federal government agencies to write some documents in plain language in the future. It calls for using plain language when writing new government documents about:

? Government requirements
? Government programs
? Obtaining government benefits
? Obtaining government services

This is not a pie-in-the-sky idea. It is needed to ensure that government documentation uniformly meets legal expectations. Remember this 1998 case?

Walters v. United States Immigration and Naturalization Service.
Certain government forms were so difficult to read that they violated due process requirements of "notice" of legal consequences. The 9th Circuit Court of Appeals found that those facing INS charges of document fraud did not get due process. The forms used by INS did not "simply and plainly communicate" the possibility of deportation. The court ordered INS to redo the forms and not to deport anyone based on the inadequate forms

There is a FAQ about the proposed law at plainlanguagelaw.com.

Here are three ways Americans can help move this law forward:

1. Send a letter to Senator Bennett supporting the bill. The letter can be brief. Mail the letter to Hon. Bob Bennett, 431 Dirksen Building, Washington, DC 20510-4403. If you can, please also fax it to the attention of Shawn Gunnarson at (202) 228-1168.

2. If you live in California, call Senator Feinstein's office. She chairs the Rules Committee. As chair of the Rules Committee, she can intervene. If you are not in California, her D.C. office is (202) 224-3841.

3. Contact these Republican cosponsors, if you live in their states. Call the D.C. office and ask them to get Bennett to move on it.
? Susan Collins, Maine (202) 224-2523
? Thad Cochran, Missouri 202-224-5054
? George Voinovich, Ohio (202) 224-3353

Full post as published by Building Rapport on September 24, 2008 (boomark / email).