Is Electronic Filing in Your Future

<b>Editor's Note:</b>

<i>
This article begins a new column to the</i> ABI Journal, <i>which will
provide information by and regarding court clerks.
</i>
</blockquote>

<p>The federal courts began an initiative in 1996 to replace outdated case management
systems used throughout the federal judiciary. The new initiative, Case
Management/Electronic Case Files (CM/ECF), was developed to replace the legacy
systems with an electronic case-filing capability. In addition to case management and
electronic case filing capabilities, the system allows for:

</p><ul>
<li>electronic submission of case file documents (via the Internet for attorneys);

</li><li>management of electronic documents (including storage and security);

</li><li>automatic generation of docket entries from electronic filing;

</li><li>electronic noticing; and

</li><li>electronic retrieval of case file documents (including public and remote access).
</li></ul>

<p>With the assistance of the U.S. Bankruptcy Court for the Southern District of
New York, the Administrative Office of the U.S. Courts (AOUSC) developed a
prototype application to be used in the bankruptcy courts. In September 1999, five
bankruptcy courts (S.D.N.Y., D. Ariz., E.D. Cal., N.D. Ga. and
E.D. Va.) began using the system. Today, 18 bankruptcy courts operate on the
case management system, 12 of which accept electronic filings from attorneys through
the Internet. (For specific court locations, go to <a href="http://www.uscourts.gov">www.uscourts.gov</a&gt; and click the
link to Electronic Access to Courts.)

</p><p>CM/ECF will allow attorneys to file and view documents from their office, home
or anywhere they have access to the Internet, 24 hours a day. Documents are
automatically docketed as part of the filing process and are immediately available
electronically. Its benefits include:

</p><ul>
<li>24-hour access to filed documents over the Internet;

</li><li>automatic e-mail notice of case activity;

</li><li>the ability to download and print documents directly from the court system;

</li><li>concurrent access to case files by multiple parties;

</li><li>secure storage of documents (no more misplaced files); and

</li><li>elimination of courier services.
</li></ul>

<p>The electronic case file system accepts documents in a portable document format
(PDF). PDF retains the way a document looks, so the pages, fonts and other
formatting are preserved. Filing a document with the court's CM/ECF system is
very easy:

</p><ul>
<li>Create the document using word processing software;

</li><li>Save the document in PDF format;

</li><li>Log onto the court's CM/ECF system, using a court-issued login and
password;

</li><li>Follow the set of simple prompts to provide information about the case, party
and document to be filed;

</li><li>Attach the PDF document and submit it to the court for filing; and

</li><li>Save or print the CM/ECF electronic receipt e-mailed from the court confirming
that the document was filed.
</li></ul>

<p>There are no added fees for filing documents over the Internet using this system;
however, filing fees established in <a href="http://www.westlaw.com/find/default.asp?rs=CLWP2.1&amp;vr=1.0&amp;cite=… 28 USC 1930</a> and the Judicial
Conference Schedule of Fees still apply. Access to the court data is available
through the Public Access to Court Electronic Records (PACER) program. Attorneys
and litigants receive one free copy of documents filed electronically in their cases;
additional copies are available for viewing or downloading at seven cents per page.

</p><h3>CM/ECF Offers Security</h3>

<p>Courts issue logins and passwords to trained and certified attorneys. This login
and password constitutes the attorney signature under <a href="http://www.westlaw.com/find/default.asp?rs=CLWP2.1&amp;vr=1.0&amp;cite=… 9011</a>. Attorneys should
feel confident in using the system, which has many security features and has passed
an evaluation by the National Security Agency. All CM/ECF courts provide in-house
training for attorneys and their staff; some even make "house calls" by going to the
law office and training the staff.

</p><p>As part of the many security features, off-site replication servers are utilized
to instantaneously store filed case data. To appreciate how important the replication
is, the Manhattan Division of the Southern District of New York bankruptcy court is
approximately six blocks from the World Trade Center. On the morning of Sept. 11,
many of the staff in the bankruptcy court observed the horrific scene that the country
witnessed on television. Once the WTC buildings collapsed, the debris forced all
employees into the building's basement. Later in the day, employees vacated the
building, and all power to servers was terminated. The next day, Lower Manhattan was
controlled by the National Guard and other law enforcement agencies, and access to
the court building was denied. Through the efforts of the Clerk of Court <b>Kathleen
Farrell-Willoughby</b> and her staff, along with assistance from the AOUSC, the
replication server was brought online two days later, and the CM/ECF application
was operational over the Internet to attorneys. No data was lost, and it was not
until Oct. 4 that the court was able to re-establish the server in lower Manhattan.

</p><p>In addition to keeping data intact, the court was able to assist law firms and
governmental agencies, whose infrastructure was directly affected by the tragic events.
Lists of cases in which the law firms were involved were provided, along with
up-to-date case information.

</p><p>Due to this tragic event, virtually any attorney who practices in the Southern
District of New York would confirm the benefits of CM/ECF. But it wasn't only
Lower Manhattan that was affected by this event; courts across the country discontinued
using and removed drop boxes. Extra precautions are now taken to process mail. The
AOUSC has converted to communicating with the courts strictly via electronic means.
Mail postmarked October 2001 and destined for the AOUSC has yet to be delivered.

</p><p>The threat is still out there. But whether it is contaminated mail, chemical or
biological elements, or bombs exploding in or around courthouses, CM/ECF allows
for continued justice to be served for all parties.

</p><p>Since the Western District of Texas is one of the fully operational courts, I
have received first-hand information from debtor and creditor attorneys, panel trustees
and other parties regarding the ease in using the system. Further, the information
is available immediately after filing, no longer requiring a 24-hour wait to upload
from one database to another.

</p><p>Software vendors, in conjunction with the courts, have developed batch petition
uploading features. One click of the mouse, and multiple cases are uploaded and filed
in the system. No more waiting in line at the clerk's office or paying a courier
service to deliver documents. No longer the fear of the clerk's office closing and
you have a deadline to meet. Documents are filed 24/7 and posted within seconds.

</p><p>San Antonio Attorney and Panel Trustee <b>Randolph N. Osherow</b> had this to say about
the new application:

</p><p>As you know, my office has been using the CM/ECF system to electronically
file all court documents for more than three months, filing a minimum of three
or four documents per day. I have reduced my costs in several ways: First,
my copying costs have been reduced by up to 50 percent. This may seem
insignificant; however, the reduction in time spent has freed up an employee for
other tasks. We have also reduced our courier costs because it is no longer
necessary for a daily "run" to the courthouse. We now have access to the
courthouse 24 hours a day, seven days a week, thus making filing deadlines
a little more forgiving. I have reduced my requests for copies of documents
through a third-party copying company by approximately 75 percent. Also, the
time I spend retrieving documents from the clerk's office has been greatly
reduced. I would conservatively estimate my firm's savings in employee time,
attorney time and other generally unbillable and non-reimbursable costs to be
approximately $10,000 per year. Some challenges still remain. The major
opportunity for improvement continues to be the order submission process. It
usually takes a week to 10 days to obtain a signed order from the judge,
even though the notice time has expired. The software itself is somewhat
cumbersome and could use some streamlining; however, my overall opinion of the
system is good, and anyone practicing bankruptcy should avail themselves of the
system if only to give them 24-hour access to the clerk's office.

</p><p>Several modifications to the software continue to be developed to enhance the
application for all parties. For example, there are ongoing efforts to develop
software to interface between the CM/ECF application and chapter 13 systems and
the batch uploading of proofs of claim. We are also building software to streamline
the order submission process, which will enable us to eliminate the problem Mr.
Osherow refers to in his comments.

</p><p>So I ask the question again, "Is electronic filing in your future?" The answer
should be "yes," as soon as possible. Using the system is easy; it's convenient,
whether you work in the office or at home; it will save you money; it saves time;
and it is secure.