Thursday, February 16, 2012

Calculating an E-Court Return on Investment (ROI)


By James E. McMillan, NCSC; Carole D. Pettijohn, Ph.D., Director of Technology Services for R.B. "Chips" Shore, Manatee County Clerk of Court; Jennifer K. Berg, Esq., Sustainable Practice Leader, Northgate Environmental Management.

As it is legislative budget season for the USA state courts, it is a good time to look at the excellent work that Manatee County, Florida has done in calculating the return on investment of converting from a physical paper-based to an electronic-based organization.  In addition, this article will also discuss the environmental cost savings benefits of going “E”.

Tuesday, February 14, 2012

Glass World


Today all of us techies here at the NCSC were marveling at this video posted by Corning Glass titled "A Day Made of Glass" that shows various scenarios how glass displays are used now (photovoltaic and handheld display glass) and will be used in the future.

Friday, February 3, 2012

Attorney Technology Motivations?


I don't know if it is just me or if others have noticed this but when dealing with some attorneys, particularly on the subject of E-filing there is often very strange push-back...as in, why would I want E-filing, online access, etc.?

The "3 Geeks and a Law Blog" (thanks Rob) has posted a very interesting article titled "Staying Relevant - Part 4: Technology and the Bottom-line".

They attribute some attorney resistance to technological change as "Cost-plus thinking" explaining:
"In a cost-plus world, firms react by draining the company of capital every December 31st. This mind-set does not view technology as an investment, but instead as a necessary expense. Worse yet, technology negatively impacts the number of hours and respective revenue generated by them. So why would a firm invest in it?"
The article continues with some excellent examples and counter-arguments to this worldview.  But I would also suggest that this "argument" should both inform and temper the court's response to criticisms of their technology initiatives.

Friday, January 20, 2012

This and That in Court Tech - January, 2012


During the past month we have found quite a few interesting bits of information that we would like to share with our readers below.

Wednesday, January 18, 2012

Federal Bankruptcy Courts Provide Online Chat Help


I have often told acquaintances that one goal of court automation is to allow court staff to be able to have enough time to answer the telephone.  But now the courts have another option. The December, 2011 edition of the US Federal Court newsletter, The Third Branch has an article on Bankruptcy courts describing their implementation of online chat titled "Chat Live Now!"

Wednesday, January 11, 2012

Data Visualization


Graphic from Wikipedia.org
An area of automation that the courts have generally ignored has been data visualization.  While my colleague, Dr. Ingo Keilitz has worked for many years on digital dashboard concepts, there is a lot that can be done.

One excellent example was posted by the authors at Computational Legal Studies  that presents "The Development of Structure in the Citation Network of the United States Supreme Court".  This two minute online video of a growing "network diagram" representing the early relationship of cases is fascinating.

Friday, January 6, 2012

Maricopa County ICJIS Director Job Announcement

We received the following message yesterday to pass along to our community:

Maricopa County (located in Phoenix, AZ) has an outstanding career opportunity for ICJIS (Integrated Criminal Justice Information System) Director.  The successful candidate will establish and oversee a project management agency to coordinate the planning, development, implementation and maintenance of and ICJIS system for Maricopa County.  Salary range: $101,296 - $157,019/Yr.



Mobile Legal Services


Our good friends at Cornell University Law School Legal Information Institute (via Rob Richards) posted a very interesting article on December 22, 2011 regarding the potential for the use of mobile telephone messaging/SMS for legal services.  The author, Sean Martin McDonald (founder of frontlinesms.com), argues that the ubiquity of mobile telephones provides great potential for many legal services including legal client intake and referral, client and case management.  And I would add training and document verification as other possibilities.

Bridging "the last mile" between the clients and legal services (including courts) are important.  The author concludes the article with the following:
"I don’t think any of this will square me with my property-law professor.  I’m not sure I’ll ever fix property law.  But I do think that by reaching out to new populations using the technologies in their pockets, we can make a difference in the way people interact with the law. And even if that’s just a little bit, even if it just enables one percent more people to protect their homes, start a business, or pursue a better life, isn’t that worth it?"
Hear, hear!

Tuesday, January 3, 2012

Hey US Postal Service - The Courts Need This!


We're all back at work at the NCSC and want to first wish everyone a good and productive 2012.

Over the break we heard of several services offered by the Postal Service in Switzerland that would be extremely useful to the US Courts.

The first service is called IncaMail (PDF document link) that provides secure encrypted e-mail.  An interesting aspect is that "during the initial (first time) registration, both the e-mail address and the physical address of the user are verified by sending an activation code."

Tuesday, December 20, 2011

The Twelve Days of Court Tech

With attribution to the original "Twelve Days of Christmas" and song; and thanks to my good friend Ken Lobenstein who authored this, the CTB presents: "The Twelve Days of Court Tech" for the holiday season.

Friday, December 16, 2011

The Evolving World of Case Management: Taming the Unpredictable

Case management systems are not only for courts.  The concepts are being used in many industries including insurance, health care, and even airport management systems.

Monday, December 12, 2011

US Federal Courts Internet Education/Training Offered


The November, 2011 edition of The Third Branch federal courts newsletter contains articles on three new internet services.

The first article announces that the judiciary has created "a free-of-charge website the offers training for the federal Judiciary's Public Access to Court Electronic Records (PACER) service."

The article continues: "The site, which launched in mid-September, features data from real cases in the U.S. District Court for the Western District of New York filed over a six-month period in 2007. The training site can be accessed via “What’s New With PACER” on the PACER website home page, www.pacer.gov."

A second article "Contemporary Issues Teach Teens about Federal Court System" describes an eduction website that"is offering several new courtroom simulations for use by high school teachers and federal courts that address contemporary issues and teen-related situations. They also teach students about the importance of jury deliberations and the relevance of the federal court system to their lives.

Two recently added simulations deal with Miranda warnings and counter-protests at funerals. Others deal with the legal conflicts arising from social media, texting while driving, teen house parties, and student protests. The simulations are available, with videos, podcasts, and interactive tools on-line at www.uscourts.gov/EducationalResources.aspx that are ready for immediate classroom and courtroom use."

And last, there is a quick note regarding an online series of podcasts on "landmark" cases.  The note states that "(e)ach episode explores a different landmark case as a law professor discusses the case’s background, key arguments, and the decision.

New episodes will be available each month at uscourts.gov/landmarks."

Wednesday, December 7, 2011

PDF Isn't Permanent.


Recently I received an E-mail solicitation for a product called PDF Security Removal.  As many of you know, there are settings that work with Adobe Reader that supposedly keep a PDF document from being printed or saved.  So one more "advantage" of PDF electronic documents to serve as the permenant case file record is now obsolete.

Thursday, December 1, 2011

The Electronic Judicial Bench


Hon. Chief Judge Lee E. Hayworth
In an earlier CTB article I wrote about the need for E-filing systems to focus upon the needs of the judiciary in the transition from a paper to electronic environment.  But as usually happens, a court has already made this occur.

Starting in 2009, the judges of the 12th Judicial Circuit of Florida working in conjunction with the Clerk of Court in Manatee County created a system "designed for judges, by judges".

Monday, November 28, 2011

Lots of IJIS Institute Announcements

Many announcements from the IJIS Institute:
Announcement 1:
NEW Information Sharing LinkedIN Group
Please join the IJIS Institute’s new LinkedIN Group:  Justice & Public Safety Information Sharing.  The Group is a technology forum for practitioners and industry from the state, local, and tribal justice and public safety communities.  The forum encourages organizations and individuals to share information about cross-agency, cross-jurisdictional, and cross-sector information sharing.  Participants will  discuss and share information on technology and standards to facilitate and assist one another to achieve information sharing.  In just three weeks, 376 of your industry colleagues from across the country have joined the information sharing discussion.

Tuesday, November 22, 2011

There's an App for That Court


1st Judicial District of
PA Android QR code
Courts are now making their information "smart phone" accessible.

First, from The Pennsylvania Record legal journal (www.pennrecord.com) in an article from October 14, 2011:

"Are you an attorney looking for easier access to upcoming civil trial dates? How about simply a member of the general public looking to learn more about the judicial system in the City of Philadelphia?

Wednesday, November 16, 2011

Iterative Implementation


In recent years I have become less and less convinced that courts have the ability to foresee all of the process/workflow, document, and data sharing BEFORE they install a new case or document management system.  These new systems have substantially more capabilities and flexibility that is not available in first or second generation case management systems.  The new system brings many more new capabilities and possibilities.  The old thinking about how things should be done in general does not apply and the design/specification efforts are wasted.

Therefore in recent years I have often advocated an “iterative approach” that has a new system first installed in the court with base/default capabilities.   THEN, after experiencing the new system environment, the court adjusts both the system workflows/presentation and their business processes (and ideally organizational structure) to take advantage of the new technical capabilities.  Visually presented, these are the two outside arrows of the Court Technology Framework diagram in action.

The system is therefore chosen based on the tools and potential, and not on how closely it fits the existing or imagined situation.  This in turn means that new court automation system installations are not a 6 month but rather a 12-24 effort.  And budgets and staff resources must be provided to support the effort over that time.

Many of you know and have viewed the wonderful TED Conference presentations that are available online.  One presentation on point is called “Build a tower, build a team” by Tom Wujec. I hope you enjoy it.

Wednesday, November 9, 2011

Signing Documents on Your iPad?


As many of you know, Apple iPads are already widely adopted by the judicial community.  One issue/desire that has arisen is the ability for judges to "sign" documents.  But unfortunately the late Steve Jobs rejected the idea that a "pen interface" was needed as standard equipment in opposition to the Tablet systems previously released by Microsoft.

Friday, November 4, 2011

Maryland Chooses Statewide CMS & E-Filing Vendor




In a press release on November 3, 2011, it was announced that the State of Maryland Judiciary has selected Tyler Technologies' "Odyssey® court management system as the single, integrated environment for managing and reporting court information".

According to the announcement:

"The contract between Tyler and the State of Maryland is valued at approximately $45 million, which includes software licensing fees, professional services and a multi-year maintenance agreement. The MDEC Project will use several Odyssey modules, including Case Manager, Enterprise Content Management, Financial Management and e-Filing.

Maryland’s search for a judicial technology partner was anchored by three strategic goals: 1) enhance public safety by more rapidly sharing high-quality data in support of better decision-making; 2) increase access to the courts by providing an easy-to-use system that’s available anywhere, anytime; and 3) support the fair and efficient administration of justice by using a system that improves overall court operations, including better scheduling, reduced delays and better-informed decisions."

Friday, October 28, 2011

Eight Rules of E-Filing: Conclusion

The goal of this series was to expand the thinking about E-filing beyond the delivery of static civil case documents via a web server (the most common system).  E-filing must support all case types and the transition from a paper records to an electronic records foundation.

In turn, electronic documents do not have to be restricted to the limitations of paper documents.  Formats, organization, and data capture/extraction can all take advantage of the dynamic environment that electronic information allows. In other words, as I often teach in classes and seminars, better information can and will result in better decisions and in turn, justice.  And while this goal will never be fully realized, E-filing and related technologies will move us closer.

Last, for your convenience, the entire series of articles have been compiled into a PDF document that can be downloaded.  (see the "File" command in the upper right corner to download or make a copy)

Links to all of the articles in the series:

Introduction
Rule Number 1: All documents created by the court are stored in the electronic document management system (EDMS) are designated as “the official record”.
Rule Number 2: User authentication must be designed into the overall e-filing solution.
Rule Number 3: Design Backwards
Rule Number 4: Court document creation must be integrated with the CMS.
Rule Number 5: Efficiency.  E-filing should facilitate more efficient court processes and decisions.
Rule Number 6: E-Filing Must Support the Self-Represented
Rule Number 7: E-Filing Should Support Government to Court Communications
Rule Number 8: E-filing and “Paper on Demand”


Thursday, October 20, 2011

This and That - October, 2011

CTC-2011 

The conference was a great success again this year.  For education session presentations and articles go to: http://www.ctc2011.org/Attendees/Program-at-a-glance.aspx and then click on the session name.

Registration Still Open for Privacy and Public Access Conference

Our partner, the Center for Legal and Court Technology has openings for the 8th Conference on Privacy and Public Access to Court Records to be held in Williamsburg, Virginia from November 3-4, 2011.  For more see the conference website at: http://www.privacy.legaltechcenter.net/aspx/Conferences.aspx

Monday, October 17, 2011

Florida Senate: Make non-efilers in courts pay a 3.5% surcharge?

Cross-posted at Gavel to Gavel blog

 I mentioned last week that the Florida Senate was going to meet tomorrow (October 18) and that the agenda included an item entitled
Presentations on issues related to electronic filing of court documents
I came across a (possibly) related piece of legislation: SB 410 of 2012. The bill contains two provisions:
(1) A litigant who is required to electronically file a court or other legal document in a court of this state, in the Division of Administrative Hearings, or in the Office of the Judges of Compensation Claims shall pay a surcharge in addition to any other cost incurred if the litigant files a paper document instead of electronically filing the document. The surcharge shall equal 3.5 percent of the cost of filing the document electronically. (2) This section does not apply to a litigant who is indigent as determined by s. 27.52, Florida Statutes.
The obvious question is "who is required to electronically file a court or other legal document"? SB 170 of 2011, signed into law in June, requires prosecutors and public defenders to e-file documents with the clerk of court and report back on March 1, 2012 on the implementation of the program to the legislature (click here for prior posts). A 2009 statute (SB 1718) required the clerks of court to implement an electronic filing process by March 1, 2010. Live coverage of the Senate Judiciary Committee e-filing presentation can be found here.

Thursday, October 13, 2011

Eight Rules of E-filing: Rule #8

Rule Number 8:  E-filing and “Paper on Demand”.  

E-filing (and more specifically electronic documents) provide flexibility in the ability for judges and staff to consume content.  A widely held view (see note 1 below) is that if the judge is better served by printing documents; they should be allowed to print the documents that are needed for the work at hand.  But when done working with those documents they are recycled and/or shredded.  They aren’t maintained as the official record.

Monday, October 10, 2011

CTC-2011 - What Did You See? (Updated -11/10/11)


Last week's Court Technology Conference (the 12th since 1984) was a gathering of court technology professionals, enthusiasts, and the curious in Long Beach, California.  Many of the conference presentations have already been made available at:

http://www.ctc2011.org/Attendees/Program-at-a-glance.aspx 
(Click on the session title to open a window with links to the presentation(s) if available).

I for one very much enjoyed Korean Judge Hoshin Won's presentation on tablet and surface computing including a tour of their e-Courts Experience Center.  A picture of a virtual courtroom concept demonstrating touch-screen and "tele-presence" technology in their e-Courts Experience Center is shown above.

A video of the e-Court Experience Hall and presentations are available at:

http://www.ctc2011.org/Attendees/CLCT-program.aspx

What did you see that you would like the CTB readers to know about?  We invite you to share your experiences by posting a comment below.

Monday, October 3, 2011

CTC-2011 Daily Update

For up-to-date information as to what is happening in Long Beach, California go to CTC Daily Update web page at: http://icmelearning.com/ctc/mailer/daily-update.html

Hope to say hi to many of you this week!

Tuesday, September 27, 2011

Eight Rules of E-Filing: Rule #7

E-Filing Should Support Government to Court Communications

The vast majority of E-filing systems focus upon civil case matters.  While there are many reasons I believe that besides vendor funding, this focus greatly reduces project political risk to the courts.  Judges have more discretion in managing civil cases and the parties can agree to work together to support new systems and procedures for everyone’s benefit.  In fact, this is how court E-filing started in 1990 in the Delaware Chancery Court.

But criminal and other cases involving human services and other government departments and programs are a different animal for E-filing.  In criminal cases the attorneys are continually looking for procedural mistakes and other errors in order dismiss cases and free or reduce the penalties for their clients.  In other words, the attorneys truly embrace their adversarial role with court procedures as well as the opposing side.  As a result, and along with funding challenges, there are only a handful of criminal case E-filing systems in the USA today.

Friday, September 23, 2011

Court Automation Funding Compilation Report

Our NCSC Technology Department's excellent summer intern and future law school student, Ms. Emily Whitaker, scoured the Internet and legal research resources to compile a list of state court automation funding. We can report that the majority of state courts have implemented some type of automation support fee or fund. The results were compiled into a PDF spreadsheet format and are available at:

http://www.ncsc.org/Services-and-Experts/Areas-of-expertise/Technology/2011-Technology-Survey-Results.aspx

Monday, September 12, 2011

US Federal Courts Train Judges Online

The August, 2011 edition of the US Federal Court's newsletter, The Third Branch, contains a brief article on their "Chambers Online Automation Training (COAT)" system.  The article states:


"The audio/video training modules fall into 13 general lesson areas. Few run longer than 10 minutes, many clock in at around 3 minutes. Each module is organized by job-related function and includes a demonstration and a guided simulation.


COAT began with a desire by the Judicial Conference Information Technology Committee to create better IT training for judges and chambers staff. It is part of the FJC/AO Judicial IT Training Initiative."

Friday, September 9, 2011

New Hampshire Issues E-Filing RFI

The New Hampshire Judicial Branch has issued an RFI for E-filing and related services.  A copy of the RFI can be obtained at:  http://admin.state.nh.us/purchasing/specRFP.asp?rfpID=6892


Thursday, September 8, 2011

Eight Rules of E-Filing: Rule #6

E-Filing Must Support the Self-Represented

To date most court E-filing has focused on civil litigation for a number of reasons.  First, a majority of non-small-claims civil litigation is serviced by attorneys.  This well-educated user base is generally motivated to reduce their operational costs.  And with the use of E-filing in the USA Federal Courts being widespread, they are becoming very familiar with the technology.  But state courts in particular are increasingly experiencing a significant transition in case participants to more and more self-representation.  A recent compilation by the Knowledge and Information Services staff here at the NCSC reported that 66% of all cases heard in Minnesota courts involved the self-represented with a high of 81% of family cases.  And Connecticut reported a 101% increase in the number of civil cases involving self-represented from 2005 to 2010.

Friday, August 26, 2011

The Search for Quiet


Courtroom proceedings are an often intense environment during which one strains to hear every nuance of spoken communication.  And while there are many problems with courtroom acoustics, especially in large courtrooms, the tapping of keyboards can be disturbing.

In 2007 Judge Michael Marcus from the Circuit Court of Multnomah County Oregon shared his views on his quest for a quiet keyboard.  That quest continues to this day.  But as expected, there are two recent technology innovations that could be considered as a solution to this problem.

Friday, August 19, 2011

Eight Rules of E-Filing: Rule #5


Efficiency.  E-filing should facilitate more efficient court processes and decisions. 

First, once E-filing is implemented courts should re-engineered their rules and processes to take advantage of the new capabilities.  A good example is the court in Baltimore, Maryland that adjudicated thousands of asbestos matters.  The judge worked with the attorneys to group the electronic submissions 10 at a time containing identical facts (same shipyard, timeframe, and injury) and in turn modified the review presentation screen so that he could more quickly review and approve the civil settlement for the filers.

Monday, August 15, 2011

Federal Court Self-Filer's Examined


The July, 2011 edition of The Third Branch newsletter contains an important article summarizing a study on current services to self-represented and "Pro-se" filers offered by US federal courts.  The article: IN-DEPTH: Leveling the Playing Field: Help for Self-Filers reports on both automated and direct self-help services offered.  One side-bar in the article noted:

"...A disturbingly large number of litigants come to the Clinic with basic reading and comprehension problems; some cannot even read Court orders and the opposition's filings.  Others can decipher the words in the documents but cannot comprehend even the simplest of Court orders."

The article also updates the Central District of Illinois project for Pro-Se E-Filing for Prisoners that was previously highlighted in the CTB.

This article is highly recommended.

Wednesday, August 10, 2011

Eight Rules of E-Filing: Rule #4


Rule Number 4: Court document creation must be integrated with the CMS.  

A great percentage of documents in a case file are produced by the court.  Therefore it is imperative that a court e-filing system seamlessly interact with the court’s case management system (CMS) and word processing capabilities.

Friday, August 5, 2011

This and That in Court Technology - August 2011


Oklahoma Funds CMS Via Increased Court Fees

The Tulsa World newspaper reports that an increase in court filing fees from $10 to $25 has resulted in approximately $32 million dollars used to fund their statewide court case management system.

Wolfram Releases Computable Document Format

In continuing work on "useful" electronic documents, the Wolfram company has released a new format called Computable Document Format that can be used to create interactive reports.  Sounds perfect for project like Smart Sentencing.

New York State E-Courts Projects Noted

The New York Times newspaper recently highlighted work being done by the New York State Courts to transition to electronic records.

The Future of Court Reporters is Explored

In an article posted on the Law.com blog, "Are Court Reporters 'Medival Scribes' Headed for Extinction", issues regarding the technology and services are discussed.

ABA Survey finds e-Filing and e-Service on the Rise

Thanks to a note via Kendall Collins Smith of Lexis-Nexis (one of the sponsors) we learned of the release of a recent survey created by the American Bar Association on Litigation and Courtroom Technology including the use of e-filing.

Tuesday, July 26, 2011

Eight Rules of E-Filing: Rule #3


Rule Number 3: Design Backwards 


Information presentation should be designed around the work tasks that a judge or clerk performs.  Malcolm Gladwell in his article, “The Social Life of Paper” explains:

“It is only if paper's usefulness is in the information written directly on it that it must be stored. If its usefulness lies in the promotion of ongoing creative thinking, then, once that thinking is finished, the paper becomes superfluous. The solution to our paper problem, they write, is not to use less paper but to keep less paper. Why bother filing at all? Everything we know about the workplace suggests that few if any knowledge workers ever refer to documents again once they have filed them away, which should come as no surprise, since paper is a lousy way to archive information. It's too hard to search and it takes up too much space. Besides, we all have the best filing system ever invented, right there on our desks -- the personal computer.”

Tuesday, July 19, 2011

8th Conference on Privacy and Public Access to Court Records

The Center for Legal and Court Technology and the National Center for State Courts, with the assistance of the Administrative Office of the United States Courts, have announced the eighth edition of the Privacy and Public Access to Court Records Conference to be held in Williamsburg, Virginia on November 3-4, 2011.  Some topics from the agenda include an update on state policies, technology trends and issues panel, social media, issues relating to family law and privacy, international perspectives, and a special presentation on an experimental initiative with streaming video in a Massachusetts court.

Thursday, July 14, 2011

CTC-2011 Educational Agenda Posted

The educational session agenda for the CTC-2011 conference have been posted.  There is more information coming but I can share a few highlights.  First, CITOC has created an entire track of sessions for court CIO's that addresses the entire life-cycle of court IT management.  Second, there are many sessions sharing innovations in the court automation and how courts have transitioned to new technology, and re-engineered processes and their organization to take advantage of the new electronic world.  Third, there are many sessions looking toward the future including next generation technology standards, new information sharing approaches and the application of new technologies in the courtroom. And one can't forget that CTC has the largest court technology vendor show in the world with all the latest systems and ideas.

CTC-2011 will be held from October 4-6, 2011 at the Long Beach, California Convention Center.

Full descriptions of the sessions will be posted in the near future.

Friday, July 8, 2011

Eight Rules of E-Filing: Rule #2

Rule Number 2: User authentication must be designed into the overall e-filing solution.

For too long court E-filing has been generally limited to civil case matters.  This is perfectly understandable from a legal viewpoint since the parties and/or court can simply agree to its use.  But today we should design E-filing systems to deal with all case types such as criminal and juvenile that has a decidedly greater need for user verification.

Thursday, June 30, 2011

Eight Rules of E-Filing: Rule #1


Rule Number 1: All documents created by the court are stored in the electronic document management system (EDMS) are designated as “the official record”.

Why this rule?  Because many courts have and continue to maintain dual paper and electronic systems have reported that they have not benefited from their document management systems - simply because they are maintaining two systems.  Needless to say, doubling the number of systems is not a recipe for efficiency.  And while is takes time to transition from the paper file room to the electronic document system, the sooner that the conversion takes place, the better.

Wednesday, June 29, 2011

2011 NIEM National Training Event


IT professionals from government and industry will gather in Philadelphia to learn more about the National Information Exchange Model (NIEM), sharing their implementation experiences, celebrating their accomplishments, demonstrating helpful development tools, providing domain updates, and discussing effective strategies for information sharing.  Among the five concurrent tracks, keynote speakers, and special events, here are a few highlights to pique the interest of state and local court leaders:

Oklahoma AOC Information Exchange:  A Use Case for NIEM Enterprise Implementation
National Association of State CIOs:  State and Local Panel
Human Services Collaborations:  Information Exchange Across the Digital Divide
LinkedIn’s Vice President of Strategic Alliances

Visit the NIEM 2011 Training Event website to view the entire NIEM NTE agenda, register, and reserve your accommodations at the Philadelphia Marriott Downtown.

Friday, June 24, 2011

Eight Rules of E-Filing (Introduction)

As in any technology project, the “devil” is in implementation and acceptance of the new system by the judges and court staff.  E-filing affects every part of the court operation since it transforms the filing system and the documents used to make court decisions.

Case Management Systems (CMS) have traditionally automated the registry/docket (historical event record), participants, and scheduling /task control and has left the document filing system for separate image document management programs.  This has primarily been done because of cost and the lack of workflow and task control capabilities in traditional CMS.

But I believe that this is also a remnant of the courts traditional organizational division between the docket/registry/indexing function and the document filing system.  Separate staff and separate processes are a common organizational structure in many clerk's offices.

Even today a great majority of courts still maintain physical case files.  And workflow in manual file systems has meant physically moving the file folder from person to person and office to office.  In many courts the file folder also serves as the case event registry.  This function is addressed by a printed registry form grid on the folder cover the list of documents contained within.  The advantage for this approach is that when one works on the contents of the folder, the data capture and presentation is literally in one’s hands.

Bestselling author, Malcolm Gladwell explains in his article “The Social Life of Paper” the attractiveness of this approach in a collaborative work environment like the court:

“Because paper is a physical embodiment of information, actions performed in relation to paper are, to a large extent, made visible to one's colleagues. Reviewers sitting around a desk could tell whether a colleague was turning toward or away from a report; whether she was flicking through it or setting it aside. Contrast this with watching someone across a desk looking at a document on a laptop. What are they looking at? Where in the document are they? Are they really reading their e-mail? Knowing these things is important because they help a group coordinate its discussions and reach a shared understanding of what is being discussed.” 

But the same capability can be done with even more ease in an E-filing/Electronic Document Management system as will be discussed in later posts in this series.

E-filing, document, and case management functionality cannot be separated.  Many courts have tried what is now termed an “e-delivery” systems.  This is where the documents are electronically submitted only to transfer the work of printing, collating, and storing the paper into the physical file folder to the court staff.  One can imagine the additional workload for court staff that negates the initial efficiencies of E-filing.  These projects have been shuttered after a period of time because E-filing did not reduce but rather increased the clerk's staff workload.

Over the next several weeks we will offer eight rules of E-filing systems implementation.  However, please note that there are many additional factors in any successful implementation as defined in classic project management structures including proper governance, budget, testing, and communication that cannot be ignored.  So please keep that in mind as you read our "rules".

Saturday, June 18, 2011

International Conference on Electronic Litigation 2011


The Singapore Academy of Law are organising the “International Conference on Electronic Litigation 2011” in Singapore this August. The Organizing Committee has extended a very warm invitation to attend the Conference which will be held on 11 and 12 August 2011 at the Marina Mandarin Hotel, Singapore.

The Conference will feature two keynote speakers, Lord Justice Rupert Jackson of the Court of Appeal in the UK and Judge of Appeal Justice V K Rajah of the Supreme Court of Singapore. The key objective of the Conference is to gather legal luminaries from all over the world to discuss and confer on international developments in electronic litigation. These include electronic discovery, electronic hearings, the preservation of electronic evidence and the duty on litigants and lawyers to preserve such evidence. Other topics in this rapidly evolving area of the law include a discussion on recent developments in computer forensics and common issues faced by computer forensic experts. Judges, legal practitioners, in-house counsel and academics from all over the world will be invited to attend the Conference. Speakers and panelists will be drawn from the Judiciary, the legal industry and academia to represent a full range of views.

Thursday, June 16, 2011

New Hampshire Seeks E-Courts Staff

The New Hampshire Administrative Office of the Courts have posted two job announcements.

The first announcement (pdf) is for a two year appointment as the E-Courts Project Manager.

And the second job posting (pdf) is a one year appointment for an E-Courts Statutes/Rules Analyst.

For additional information, a summary of the courts 2010-2012 Information Technology Plan (pdf) can be viewed/downloaded by clicking here.



Wednesday, June 15, 2011

NIEM Children, Youth, and Family Services Domain Draft Released

The governance team of the National Information Exchange Model's Children, Youth, and Family Services Domain (NIEM CYFS) invites you to review and critique its new schema.  We appreciate your feedback and ask that you send your comments to dgraski@ncsc.org by July 15, 2011.

The beta version of CYFS 2.1.1 can be viewed in several formats.  For a comprehensive list of all of the elements (properties), types, and code lists (enumerations), this html view works best:  http://www.waterholesoftware.com/downloads/cyfs211/cyfs211.html.  Several other tools found at http://cyfsdomain.org enable keyword searches and graphical views (e.g., NIEM Wayfarer).

The purpose of the CYFS domain is to support timely, complete, accurate, and efficient information sharing among the child support, child welfare, juvenile justice, family court, and related partners that can help improve outcomes for children and youth whose circumstances make them particularly vulnerable.  The inaugural content for the domain – part of NIEM 2.1’s release in September 2009 – was extracted from extension schema specifying national reference models for six data exchanges between courts and child-support enforcement agencies, and between courts and child welfare agencies.  The CYFS Domain release planned for August 2011 will integrate the Juvenile Justice XML data model developed by the Office of Juvenile Justice and Delinquency Prevention’s Juvenile Information Sharing Initiative.  In addition, the August 2011 domain update will include data elements from three notification exchanges (court event, representation, and placement change).

The National Judicial-Child Support Task Force, sponsored by the Department of Health and Human Services’ Administration for Children and Families’ Office of Child Support Enforcement (OCSE), developed two information exchange models using NIEM’s predecessor, the Global Justice XML Data Model.  The Task Force included representatives from state and tribal CSE agencies and courts, staff from OCSE’s regional and central offices, and the National Center for State Courts (NCSC).  The Initial Request for Remedy IEPD describes the agency’s case-initiation message to the court; the Child Support Order IEPD describes the court’s findings and judgment concerning the financial responsibilities of a child’s non-custodial parent.

The Court/Child Welfare National Exchange Template (NET) Project developed several national reference models to describe the exchange of information between a state or county child welfare agency and a court with jurisdiction over child abuse, neglect, and dependency cases.  The NET team included representatives from HHS ACF Children’s Bureau’s Division of State Systems, two of the Children’s Bureau’s National Resource Centers (Child Welfare Data & Technology, and Legal & Judicial Issues), representatives from state and local child welfare agencies and courts, and NCSC.

OJJDP’s National Juvenile Information Sharing Initiative (NJIS) worked with one of its JIS pilot sites to identify and develop several high-priority data exchange specifications, including education messages between juvenile probation, law enforcement, and a public school district.  In a collaborative effort, OJJDP’s NJIS worked with the University of Massachusetts Medical School to develop the data exchange for  the Massachusetts Youth Screening Instrument (MAYSI-2).  This data exchange has been successfully implemented at one of the NJIS’s pilot sites.  Additional data exchanges developed include information regarding a serious, habitual offender direct intervention (SHODI), record of law enforcement’s Field Contact with a juvenile, and Human Service placement and services exchanges.


Monday, June 13, 2011

Notes on Court Document Redaction


Our friends at Princeton University's Center for Information Technology Policy (CITP) have posted a very interesting article "Studying the Frequency of Redaction Failures in PACER".  As most of you know, PACER is the US Federal Courts program for access to court case management and case documents that have been either E-filed or scanned.  CITP author Timothy B. Lee explains the differences in PDF and other formats that are used in electronic document systems and the software they developed to study the problem (which they make available).  The article ends with a discussion on technical approaches that could be used to address the redaction issue.

In addition, there are other technical resources available.  For example, if you use Adobe Acrobat Pro one might want to check out a couple of web pages and videos on subject here and here.

Today courts are often placing the burden of redaction upon the litigants.  The Wyoming courts have earlier this year released new rules on document redaction that can be viewed here.

And other redaction rules have been posted by the following courts:
Note - the accompanying graphic was adapted from the publically available picture of a redacted page from the ACLU vs. Ashcroft lawsuit.

Wednesday, June 8, 2011

NY's top administrative judge calls for legislation mandating e-filing

Last week I noted the huge amount of legislative interest and activity on e-filing. At almost the same time, NY's Chief Administrative Judge Ann Pfau was delivering her report urging legislation be adopted to mandate the use of e-filing in the state's courts. The report, eFiling in the New York State Courts: Report of the Chief Administrative Judge to the Governor, the Chief Judge, and the State Legislature, was created in fulfillment of a legislative request for information on the state's existing system and its status. The report includes the following ringing endorsement of e-filing.


Over [the last] twelve years, e-filing has shown itself to be reliable, efficient, convenient, and secure. It allows court papers to be filed and served, virtually instantaneously, at any time and from anywhere, without the need to go to the courthouse. It allows online access to case files by counsel anywhere at any time. It also sharply reduces record storage, retrieval and reproduction costs, completely eliminates the burden and expense of serving papers on opposing parties, and minimizes the need to travel to the courthouse. The result is significant cost savings for litigants, attorneys, the courts, and County Clerks. Indeed, it is estimated that universal mandatory e-filing would reduce the cost of litigation by hundreds of millions of dollars a year, with much of this savings inuring to the businesses and the state and local governments that so often litigate in our courts. With the potential to eliminate the filing and service of hundreds of millions of pieces of paper each year, e-filing is also the key to a greener, more environmentally responsible justice system.


Friday, June 3, 2011

Roundup of e-filing legislation

As courts move to more expansive use of electronic filing, more than technical issues have come up. Two in particular (financing and dated statutory language) require the active participation and permission of legislatures for implementation. This year saw several new laws and some bills still currently active that would go a long way to help, or in the case of New Mexico harm, e-filing and the courts. Among the bills:
Law

South Dakota HB 1038 Requires clerk of Supreme Court collect certain fees for the electronic transmission of court records. Signed into law by Governor 2/17/11.

Virginia SB 1369 Provides that clerks may charge a fee of $25 for civil or criminal proceedings filed electronically and an additional $10 fee for subsequent filings in such proceedings. Requires fee go to clerk's local fund to cover operational expenses of the electronic filing system. Clarifies that clerks may provide official certificates and certified copies of records that contain personal identifying information electronically upon request of a party or attorney. Makes various changes to clerks' duties regarding electronic filing. Signed into law by Governor 3/26/11.

On Governor’s desk awaiting action

Florida SB 170 Requires each state attorney and public defender to electronically file court documents with the clerk of the court and receive court documents from the clerk of the court. Requires the Florida Prosecuting Attorneys Association and the Florida Public Defender Association report to the President of the Senate and the Speaker of the House of Representatives by a specified date on the progress made to use the Florida Courts E-Portal system or the clerks' offices portals to electronically file and receive court documents, etc. Approved by full House 5/4/11. To Governor for approval.

For a list of other state activity, check out Issue 5:21 of Gavel to Gavel.