Friday, April 20, 2012

A Prerequisite for any E-Filing Implementation

One of the major difficulties encountered in the implementation of an Electronic Court Case Filing System, is gaining the acceptance of all of the major stakeholders in the process. I have found that the paper driven process in most Court structures has been entrenched for decades, and many of the parties involved would be very happy to continue as they always have. They see little reason for change, and the most important stakeholders in the process are also the most difficult to convince. The Judges and the court staff are under the most pressure in the court filing process, and they must be convinced that E-Filing will help them work more effectively.

Part of the reluctance to change is the lack of computer knowledge and with many judges and court staff having little or no Internet experience in the courtroom. They find it difficult to visualize how to use these technologies in their Courts Process.

The major obstacle to overcome however is the fact that Judges are very effective at their piece of the paper process. Judges are able to move through the stacks of paper very quickly. Up to 90% of the judges work can be handled with a quick look at the key document(s), a quick note of action or a signature, and a route to one of the courts staff for further action. A judge can work through a large stack of paper very quickly, and they don’t see all of the efforts in getting that paper to them, and the back-end efforts in dealing with their notes. Additionally the remaining 10% of their work may require detailed review of multiple large documents which may not lend itself to viewing on a computer screen. Add to this, reduced budgets and increased case loads, where the courts are busier than ever. Bottom line is that any electronic process created for the judges must be as fast as making a few notes on a piece of paper and passing it along to someone else for action.

The Final hurdle to jump is flexibility. I have found that even within a given county, each court is unique in the way they do their work. Some courts take on tasks such as printing and service activities while others pass that on to the Clerks Operation. Some courts have specific titles and defined responsibilities for each staff member while others spread all activities across equally trained and responsible staff. Additionally, variations in the level of authority given to staff, and the structure of judges to include Pro-Tem, Senior Judge, Magistrates, and other court staff such as Facilitators in Mortgage Foreclosure Cases must be supported in a manner that is flexible and yet easy to understand, and adjust.

Any E-Filing System being considered should provide for these objectives of…

·         Speed for the Judges

·         Flexibility for the Courts Staff

·         Overall improved effectiveness in the court filing process

Systems that do not meet these objectives will not be fully accepted by the Judges and Court Staff.

The CourtFileNow System from eCourtSystems Inc. was designed by a Judge. Over a period of many months, the Court processing prototypes were tested and adjusted with input from the Judge and his court staff to meet or exceed the speed, flexibility, and effectiveness requirements.

Benefits of CourtFileNow

Along with all of the traditional benefits that would be expected from an E-Filing System which include

ü  Elimination of paper files and all of the associated storage and access problems and costs

ü  Reduced printing, copying, handling and mailing delays and costs

ü  Reduced data entry due to storing and accessing previously entered data with the added benefit of reduced errors

ü  Seamless integration with the Case Management System such that any update in the E-filing System immediately populates the Case Management System, and Case Management updates populate the E-filing System.

ü  Immediate notification and availability of any activity and information on a case to all participating parties

ü  Reduced efforts in the creation and handling of financial transactions which are all collected and distributed electronically

Benefits specifically for the Courts and Courts Staff

Speed for the Judges

ü  Full access to complete case information including full CCS history and all case documents in as little as two to three clicks

o   Two clicks from a filing event in the judges queue

o   Two clicks from the Judges daily calendar

o   Three clicks to search and view a case

ü  File using a proposed order used verbatim in as little as three clicks

ü  Capability to use and modify a proposed order

ü  Capability to rapidly switch from Court Calendar to Case Detail to Process an Order, or Dispose of a Case or enter a CCS or Schedule an Event

ü  One Click routing or sharing of Case Filings with sticky note comments to any court staff or the clerk

ü  One click viewing of Court Staff queues

ü  Court staff can complete filings up to the point of submission, then save the in process filing for routing to the Judge for final review and submission

ü  Rapid capability to archive or un-archive one or multiple filing events from the active queues

ü  Rapid search capability by Cause Number or by Party Name, or by Attorney Name





Flexibility for the Court Staff

ü  Queues for the work to be performed by the Courts can be established and customized for each Court, for example, queues can be established by type of activity required, such as triage and distribution of incoming filings, scheduling activities, Motions for Default Judgments, Law Clerk activities, communication to attorney firms, etc.

ü  Staff can be assigned to specific queues

ü  Staff can be assigned different responsibilities/titles and different levels of authority, such as a Judge Pro-Tem, or signing authority for the judge, and adjustments to these assignments can be completed immediately online

ü  Court staff has access to viewing other court staff queues

Overall improved effectiveness in the court filing process

ü  Full access to complete case information including full CCS history and all case documents in as little as two to three clicks

o   Two clicks from a filing event in the judges queue

o   Two clicks from the Judges daily calendar

o   Three clicks to search and view a case

ü  One Click routing or sharing of Case Filings with sticky note comments to any court staff, the Judge, or the clerk

ü  One click viewing of Court Staff queues

ü  Court staff can complete filings up to the point of submission, then save the in process filing for routing to the Judge for final review and submission

ü  Rapid capability to archive or un-archive one or multiple filing events from the active queues

ü  Rapid search capability by Cause Number or by Party Name, or by Attorney Name

ü  Court staff can update the Case Management System from the E-Filing System

o   File Orders with CCS updates

o   Update Disposition

o   Schedule an Event

o   Add to the CCS

ü  Route a Court Filing to the Electronic RJO


Monday, April 16, 2012

Paperless Success at Lake County Indiana


Lake County Indiana is the second largest county in the state of Indiana. With a population of a half million people, Lake County Courts handle a lot of paper. The crush of paper was causing escalating costs for attorneys, the Clerk’s Office and the Courts. There was no end in sight with ever increasing volumes and decreasing budgets, and nowhere to store the paper files. Additionally the time to find case files and move the paper to where it was needed was slowing the process to a crawl with complaints from all involved in the process.

Just when the situation appeared to be reaching crisis mode, a leader surfaced in the person of Judge  Jeffery Dywan.

Judge Dywan had firsthand knowledge of the issues, and had an idea of how to deal with them. Paperless Court Case Filing was the answer, and when he looked at the potential benefits it struck him like it must have hit the inventor of wheels on suitcases! This is the only way to go!

Judge Dywan was the project sponsor of the Electronic Court Case Filing Project for the Lake County Courts. The project participants included all of the stakeholders including a selection of Attorneys and their staff, representatives of the Clerks staff, and judges and courts staff. The first implementation, which included Mortgage Foreclosure cases, went live on February 1, 2010. While it has been an adjustment for a few who find it difficult to give up the paper the overall feedback has been very positive, and Lake County is now pushing forward with additional case types including Collection Cases (CC), Civil Tort (CT), Plenary (PL), and Miscellaneous (MI).

System Description

The Lake County E-filing System is an Internet Based Court Case Filing and Service System. This System is different from other E-Filing Systems in that it focuses on the total case filing process and provides paperless processing support and benefits to all parties in the process, including Attorneys, Clerks, and Courts. The system seamlessly integrates with the existing court case management system to eliminate duplication of entries and wasted effort, and to present a uniform view of court case records. The System provides 24/7 rapid processing of filings from any Internet connected computer. The system is easy to use with simple step-by-step screens that utilize standard internet methods. The system is adaptable, and will handle all civil and criminal case types. The System is built with the latest web based technology in a simple and straightforward manner. It is built for performance and designed for dependability with immediate failover architecture, and with demonstrated 99.99% availability. It includes various training tools and possibilities, including Quick Start Guides, Onsite Training, and Web based self training, or Webinar Training driven by an instructor. Web based training is ideal for training remote sites, or for training large numbers of attorneys and their staff in their office.

The Lake County System provides the following benefits to all users of the system:

·        Reduced paper handling including printing, copying, filing, and mailing. Providing the benefits of reduced costs for paper, printers/copiers and supplies, postage costs, and storage space, and the reduced time for printing, copying, filing and retrieving, preparation and stuffing and mailing of documents. The system supports the move to green processing saving large amounts of paper and energy.

·        Reduced data entry. The attorney enters the case information once. There is no need for the clerk to re-enter information into the Court Case Management System. Subsequent filings by attorneys, clerks or courts will utilize the information already on file for preparation of their new filing thus reducing errors and limiting data entry to new information only.

·        Reduced handling/processing time. The system allows customization of responsibilities and processing flows within the attorneys, clerks and courts. For example each court can define their own flows and responsibilities including the incoming mail handling, scheduling events, reviewing motions, etc. Filing events are routed electronically, with each party involved performing their activities, attaching comments if needed, and then forwarding on for the next action. All forwarding actions and comments are kept on electronic sticky notes that show the routing history of each filing event.

·        Immediate notification and availability of the most current filings by all parties. As soon as any party (Attorneys, Clerks, Courts) files on a case, all attorneys on the case are notified electronically by an email, and by a notice of electronic filing and service in their queue. Both current and historical files can be viewed anywhere there is an internet connection, on most any internet capable device. User access and authority is controlled by user-id and password, and private information is only viewable as authorized. All private and secure information is SSL secured and encrypted for storage and communication.

·        Reduced handling of financial transactions with automated accounting updates and receipting. All filing expenses are collected electronically, and receipted and distributed to the correct accounts. Attorneys can easily download case expense information on Excel files or other formats to create their own custom reports.

·        Automation results in significantly reduced errors. Re-use of previously entered data, automated edits and controls, and automated processing will reduce errors by up to 80%-90%.

·        The system as implemented at Lake County has also been self-funding. This was accomplished by collecting fees from attorneys. These fees represent a share of the benefits the system provides attorneys due to reduced paper handling including printing, copying, and mailing of paper. Not to mention the elimination of trips to the clerk’s office. The fees include an annual registration fee, and a onetime per case appearance fee. The system has now paid for itself, and any fees collected are now feeding a Web Maintenance Fund that pays for maintenance and continued future system development.

The Lake County E-Filing System is available from eCourtSystems Inc. and is called the CourtFileNow System.

eCourtSystems Inc. can be reached at 219-864-9911, and their website is www.ecourtsystems.com