What the “Third Wave” Means for Court Technology

By Dave Hawkins, CEO, ImageSoft

I attended the Inc. magazine GrowCo Conference in New Orleans last month. Somewhere between the seafood gumbo, the crawfish étouffée, and the jumbalaya, Steve Case of AOL fame served up a prophetic message based on his newly revised book, The Third Wave: An Entrepreneur’s Vision of the Future. The title refers to the evolution of the Internet. The First Wave fostered the creation of the Internet with the requisite infrastructure – servers, cabling, network switches, portals, service providers, and the like. Companies such as Cisco, NetGear, CompuServe, Prodigy, NetScape and America Online rose to prominence, while Microsoft, Intel, HP, Gateway, and Dell grew rapidly by virtue of the new demand for personal computers and related software.

133_wave

The Second Wave consisted of all the apps built to run on the Internet. This wave included tech firms providing new types of networking and social media services previously unavailable anywhere, such as Facebook, LinkedIn, Twitter, Instagram, Snapchat, etc. It spawned new Internet-only retailers, most notably Amazon, as well as new ways to buy things, such as the online auction service provided by eBay. At the same time, the Second Wave saw the meteoric rise of eCommerce from brick-and-mortar chains that transitioned to online retailing. Department stores, booksellers, pharmacies, and even automakers discovered they needed to forge new online identities to keep their customer bases from dissipating.

The Third Wave will involve the transformative integration of the Internet into all facets of everyday life. In the future, calling a device “Internet-enabled” will sound as silly as calling something “electricity-enabled” today. Steve Case highlighted several major arenas in which the Third Wave will bring revolutionary progress: education, healthcare, transportation, food production and city management. In healthcare, for example, Third Wave technologies will facilitate much greater precision in medicine, allowing doctors to edit genetic code using the power of genomics and data analytics. Fitness trackers will evolve into hardware and software for capturing a full range of vital signs on a daily basis, collecting and analyzing the data to alert patients and their doctors of potential health issues before they happen. When you go to see the doctor, they will already have this data to help answer their diagnostic questions such as “When did it start bothering you?” The implications for disease management, home health care, and epidemic tracking are astounding.

But what about the justice industry, which is ImageSoft’s primary area of expertise? What will the Third Wave bring in the way of improving the American justice system? Today, even courts that go “paperless” still use paper at some point in the case-processing chain. They may, for example, offer eFiling, but print the file once received, or perhaps keep it electronic until a judge needs to sign it, and then have it printed at that point. In the Third Wave, courts will seamlessly integrate tools to keep case records electronic from start to finish. On the front end, lawyers, police officers, and even self-representing litigants will have the ability to eFile documents to initiate a case, and may utilize automated document package creation to expedite their initial case filings. These tools will be particularly helpful for the poor, the disabled, the medically incapacitated, and incarcerated persons to give them much greater access to justice than is available today. New tools will also allow simple cases such as traffic violations to be handled remotely; imagine being able to contest your speeding ticket without needing to take a half day off work to go to court.


Read here how courts can stay electronic from start to finish.

 

Once a case is initiated, the documents can remain electronic throughout the court process via document management and workflow tools to enable access for all parties to a case as well as the related court personnel. Closing a case can also stay electronic, as new eSignature tools are structured to focus on speed and reduce cumbersome repetitive steps, which were impediments associated with older products.

Case cited three factors which will be of utmost importance during this Third Wave: partnerships, policy, and perseverance. As I listened to him speak, I contemplated the changes that are already taking place in the justice technology arena. Forward-thinking court systems are partnering with technology vendors to integrate best-of-breed solutions to automate all aspects of the court process. As for policy, institutes such as the Organization for the Advancement of Structured Information Standards, or OASIS, have piloted policy initiatives to standardize eFiling compliance nationwide. Through it all, perseverance will certainly be required to bring the justice system’s “late adopters” into this next wave of technological advancement.

ImageSoft is working alongside our partners Hyland (makers of OnBase for enterprise content management), Mentis (which offers aiSmartBench and other court tools), and Court Innovations (which provides Matterhorn online dispute resolution system) to reshape the court technology landscape to meet the demands of the Third Wave.

By the time I left New Orleans, I was “jazzed” thinking about the possibilities. We welcome the opportunity to collaborate with others to create a better future for our courts and their many constituents.

What do you think of Steve Case’s vision for the future?

 

Childhood’s End

By Jeff Barlow, Justice Consultant, ImageSoft

Notice anything different about this post?

The difference is probably hard to spot. The difference is ––I’m dictating directly into my word processor. 131_voiceactivation

Now, that may not seem very different to you; but I guarantee you, it’s really different for me. Sure, I used to dictate all the time when I was practicing law. I even dictated quite a bit when we were developing and deploying court computer systems. I’ve dictated documentation, help text, process and procedure descriptions and instructions, and, of course, correspondence.

And, of course, Siri and I are chat pals.

However, the experience of dictating and see the words appear on screen in my document is (for me, at least) totally unlike dictating to either a live stenographer or a dictation unit.

I regard this activity as preparation for direct Brain Machine Interface.

Oh, you don’t believe that BMI is coming anytime soon? Well, you’re not alone. In fact, you’re probably the comfortable majority.

Among those not in the comfortable majority are Mark Zuckerberg, DARPA (Defense Advanced Research Projects Agency), and Google, to name a few. Renowned physicist Stephen Hawking is already doing it. Granted, it is currently very expensive and requires invasive surgery. But Facebook, DARPA, and Google are betting that changes in a big way in the next five or so years.

You don’t have to believe BMI it is possible; but you should be thinking about the implications if it is. Because, whether ubiquitous BMI is just around the corner or not, capabilities that are mighty close are already here.

Like dictation directly into a standard word processor, email, and, most directly, text messaging.

How do you think voice activation will enter court technology?

Customer Success Stories, New Features and Prizes, Too

IMG_1845Last week we held our annual OnBase Community Event in Allendale, MI. As always, we enjoyed seeing so many customers excited to engage and learn how others are solving real-world challenges.

The conference opened up with our CEO, Dave Hawkins, sharing key insights from Steve Case, the co-founder of AOL, on how he sees technology impacting and challenging our world. Dave discussed how ImageSoft views our relationships with our customers and the products we develop to help our customers meet these challenges.

Besides the delicious food, prizes and awards, we also heard about a ton of helpful customer experiences. For instance, our host, Grand Valley State University, shared how they depend on many online and internal forms to initiate and drive many processes, just like any court or government agency. In the past, they required ImageSoft expertise for custom form development with special scripting to perform validation and table support. And, there was no easy way to attach documents to a form.

Today, they are working toward retiring these HTML forms and switching to Forms, which allows them to internally design highly functional forms without any knowledge of HTML and in a fraction of the time. They are also enthusiastic about the ability to rapidly update these forms based on changing requirements and legislation. One customer expressed that having this capability in-house to modify and change forms will allow them to quickly meet regulatory compliance changes that often have narrow windows.

A popular session was “What’s New in OnBase,” led by Colleen Alber from Hyland Software. Customers were excited by client user interface enhancements, new features for Unity Forms, and mapping features that allow a set of documents in OnBase to appear as geo-located points on a map (e.g., work orders or incident locations).

Another popular session was about the various options available to share documents securely outside of OnBase. Many of our customers must balance the need of protecting and securing their documents with the need to share and collaborate on documents externally. Many entities have already blocked the personal file sharing sites because there is no control and no audit trail. When an employee departs, he or she will still have those documents.

Hyland’s ShareBase is an option for organizations facing this issue because the entity, not the individual, retains control with a full audit trail. Permitted individuals can still share files externally in folders with permissions for view only, uploading, or collaborative efforts. TrueCertify, an ImageSoft solution, is another great option that enables a court, city, school, or other institutions to provide certified copies of documents and video files without the need to print and affix a physical seal, saving a great deal of time-consuming steps (including changing that toner cartridge).

Looking ahead, one of the key areas of OnBase interest was in the area of mobile features. Users have been clamoring for the ability to fill out a form, capture documents, view information, sign a document or make decisions within an OnBase workflow, all on mobile devices. Mobile access provides options for better work/life balance and increased productivity as decisions no longer have to wait until the user is back at the office.

So, the day was a success because our customers gained new insights into how they can improve and expand their OnBase system. And some of them won a prize.

Stay tuned for our next event, which should be even bigger and better.

Will we see you in Las Vegas at Hyland’s CommunityLIVE conference?

Engaging with Our Customer Group in Allendale, MI – And Prizes, Too

One of our major objectives, and frankly, one of the best parts of our workday, is to keep in touch with our customers – those who are using our products every day and who sometimes face unique challenges. Finding innovative solutions to those challenges keeps us on our toes. Any opportunity to bring customers together to share customer stories is a win in our books.

IMG_1364Our next customer event is on June 6th, in beautiful Allendale, MI, (close to Grand Rapids) where ImageSoft is hosting its OnBase Community Event. This event is designed to bring our court customers, as well as our customers from other industries, together to hear success stories and to learn from each other about how we can solve common challenges. We even have a few prospective customers coming as well.

Although the justice space is different from any other industry, the core technology challenges are the same when it comes to receiving paper, forms and data from the outside, routing them through review and approval processes, exchanging data with other systems, securing data and documents, and being able to share them securely to external parties.

Besides the common thread of challenges, all of our attendees also use OnBase® by Hyland as their core platform to solve these challenges. OnBase is a single enterprise information platform for managing content, processes and cases. It provides document management, electronic case files, records management, court-configurable business process management and tools to enable integration with virtually any case management or court application.

The advantage to using a platform such as OnBase is that you have more than 10,000 organizations using the solution (including thousands of government agencies) that are all requesting features and enhancements that your court may one day require. Hyland’s development team is also larger than that of any other court technology software vendor. This means that OnBase lowers your risk over using a document management system that is supported by only a few developers that can provide very basic, and if we’re honest, not always useful features. Many of these court technology vendors are so stretched that many of your enhancement requests are never addressed or the customization fees are too high.


For more information about using OnBase in government, click here.

Which brings us to the third reason why courts love OnBase: it’s highly configurable – by the court. With or without formal training, courts have updated and make changes to their workflow to adjust for changing conditions or responding to a smarter workforce that wants to leverage more automation features. They have expanded its use in other areas and in some cases, other government agencies in the county, municipality or state, which may introduce cost-sharing benefits. Some of our court customers are not staffed to tackle big projects so they still partner with us to take them to the next level, but it’s nice for a court to have that option.

So, on June 6th, our customers will hear from our host, Grand Valley State University, how they have used OnBase to solve accounting challenges with invoice approvals and to improve the student application process. Hyland Software is sending out their A-team to share with us what’s new in OnBase and features that our customers should put on their roadmap. We will have breakout sessions that cover the latest technology in document capture to minimize manual indexing and classification, how to share documents externally, and ways to secure OnBase beyond the traditional methods that the IT department relies on.

Afterwards, we will have experts available for one-on-one conversations for deeper discussions or to use as a sounding board for ideas that our customers would like some feedback on. We will have some cool prizes, too – that always makes for a fun day.

Will we see you at the next big OnBase event in Las Vegas?

Why eFiling Alone Isn’t Enough

By Steve Glisky, Government Practice Manager, ImageSoft

Courts making the transition from paper document filing to eFiling have taken an important first step in streamlining operations and saving resources. EFiling is a good place to start since it helps satisfy constituent demand for greater online access. EFiling alone, however, typically falls short of achieving one of the most pressing goals of the court: eliminating the burden of maintaining a paper court file. 69_mrs wormer

If a court makes eFiling mandatory, it’s only natural to think that the Clerk will soon stop maintaining paper. Many courts soon realize that their so-called document management system simply lacks the functionality required to meet the processing needs of the court.  Most of these solutions offer a simple document storage and retrieval system with file share links to their CMS. Once they’re confronted with process steps that require rules-based routing, most courts typically end up just printing, processing, and maintaining a dual paper case file.

The benefits of eFiling are multiplied when paired with a robust document management and workflow solution. Progressive courts use advanced document management and workflow with eFiling to achieve a true digital case flow management environment.


To learn more about avoiding the printing of eFiled documents for court processes, click here.

Here are a few key features to consider when evaluating a document management solution for your court.

Electronic Case File

Presentation and preservation of the electronic case file is the cornerstone of the electronic court. An intuitive electronic case file dramatically increases buy-in from key stakeholders and creates a better-than-paper experience with features such as:

  • Intuitive filing structure: Case files are organized and managed using color-coded tabs with advanced filtering and sorting to make finding the right documents easier.
  • Revision control: The system keeps and maintains prior revisions, preserving the integrity of the case file as documents get marked-up and changed.
  • Document history: All activity associated with a document should be logged and be easily accessible, including workflow transaction history, who viewed/ printed/annotated/updated/signed, etc.
  • Redaction: Confidential information must be redacted before the public can view documents. Courts need a method for redaction without having to print off digital files or photocopy paper ones, redact, and then scan in for public access. Those courts with high case volumes should consider an automated method to reduce the burden on staff.
  • Document retention: The system automatically purges documents from the electronic case file according to the Clerk’s document retention and disposal schedule.
  • Security: All roles within the justice system have secured access to the electronic case file in the way that works best for them, only allowing access to the documents that they have rights to view, i.e., public, sealed, confidential, and expunged records.
  • Full text search: Searching document content across the entire case file provides high value for both the judge and staff. The ability to search across multiple cases is also a major benefit.
  • Mobile device support: Since the physical case file no longer exists, the Court must consider how the parties will access the electronic case file using tablets, smart phones, or some other device (e.g., kiosks).

 

Workflow

Workflow is the single most significant component to a digital case flow management environment because of the process efficiencies it creates. All courts have defined steps that govern how documents are processed. Workflow allows for automated routing and processing of electronic documents and data. Consider these key workflow features:

  • A rules engine with a simple interface to manage step-by-step routing rules: Authorized court personnel should be able to maintain these rules and reduce IT dependency.
  • Electronic forms with a forms designer and management tool to convert paper forms into electronic forms: The case jacket and decision sheet are commonly used electronic forms.
  • Electronic signatures and markup capability that allow a user to markup and edit a document before signing: Consider a solution with judicial stamps with support for both top and bottom line text and proxy signing for authorized users.
  • Electronic notification of parties: This reduces significant postage and improves processing speed.
  • Electronic certification: It improves service and integrity without having to print and physically seal documents. The delivery should include an authentication site for verifying document authenticity, an audit trail of recipient access, and a method to expire documents.
  • Packet preparation organizes a case file with a coversheet according to specific requirements set forth by the higher court. Courts typically use this for bind-overs and appeals.
  • Standard interface for connecting and exchanging information with CMS.
  • Electronic arraignment that streamlines packet creation, arraignment and the document signature process: It should support both video and face-to-face arraignments.
  • A judicial dashboard: It provides an intuitive tool for both the judge and staff to process the electronic docket.

Summary

Courts are adopting eFiling at a much greater rate to improve customer service and online access. Prior to making eFiling mandatory, courts should carefully consider the capabilities of their document management and workflow platform to see if it’s going to meet their requirements for creating a true digital case flow management environment. Equally important is to determine how best to map their manual based processes to the new electronic paradigm. Finally, the new solution should accommodate the unique needs of your judicial officers.

Those that have successfully made this transition understand that it’s a once-in-a-generation opportunity to revolutionize the efficiency and transparency of the court.

Is your court ready to move beyond eFiling?

Building from the Ground Up

By Jeffrey N. Barlow

I am currently reading the biography of Steve Jobs. Without drawing too close an analogy, Jobs’s intense focus on the “user experience,” and how to make it “insanely great” should resonate with the Justice community as it seeks tools to automate the planning, delivery, and archiving of services. The story of the iPod provides an excellent illustration of the point.128_ipod evolution

Generally, the thinking, both inside and outside the company, was that Apple was a technology company that, among other things, marketed technical devices. And, of course, it was. Pre-iPod, many technology companies made devices for people to use to listen to music.

Other companies produced music, which was distributed on various media. There probably never was a plot to change the media just as my record/tape/CD collection started filling out; but it sure seemed like it.

Some companies, like Sony, actually produced both the content and the devices. But, while it may have seemed like that created an “integrated experience,” that turned out not to be the case at all. (And therein lies its own cautionary tale: the fact that the system components have the same label does not necessarily guarantee particularly elegant integration at the functional level.) At Sony, there was the technical (hardware) side, and the recording (artists) side. As it turned out, the twain was rarely meeting.

Steve Jobs loved to listen to music. Being who he was, he figured out what that meant. And it meant a lot more than putting a record on a turntable, or a cassette in a tape deck, or a CD in a player.

As I read about this adventure, having lived through the previous eras of music consumption, I find myself struck by the fact that I have seen this story unfold in another realm; indeed the realm with which this blog deals: Justice System Information and Records Management. In this regard, the modern, integrated  judicial automated tool sets provide an excellent illustration.


 Read more about an integrated judicial tool for the bench.

In no way should these observations be construed as a criticism of those (of whom I am one) who developed court and justice community information management systems. The fact is, the seminal court information systems were developed by technologists for strictly back-room use by data entry clerks using the tools available at the time. Elegance was, to say the least, not a consideration. Nor was much in the way of integration, except for the passing of large, cumulative reports.

As you will be hearing in this space from Brad Smith, Senior Justice Systems Consultant for ImageSoft, the new systems are largely driven from the top down by judges; not from the bottom up by technologists. As a result, today judges (as well as all the staff and business partners) have available to them tools that can seamlessly and elegantly bring together the many information streams and process enabling technologies required to provide an outstanding “user experience.”

Not surprisingly, the key change moment was when judges themselves took control of the design process. (I recommend taking a look at Judge Lee E. Haworth’s video on the development of the Manatee County, Florida judicial bench application.) As with the Apple experience, when people whose business is providing justice services are at the forefront of the design of systems to provide justice services, those systems turn out to be a lot more than just technology. They actually turn out to be cool.

For better or for worse, the justice system constitutes a relatively small market compared to, say, defense or accounting or agriculture. Partially for that reason, a lot of justice system IT had its origins in other, completely different business domains. As the Apple experience shows, those who take the time to work from the ground up with the people and institutions intimately involved in the target enterprise, in this case, justice, are capable of providing tighter, more elegant, and more powerful systems in the end.

Which court system do you think could benefit from a ground-up redesign?

Finding the Silver Linings of Cloud Computing

By: Jenny Bunch, Product Owner, ImageSoft

127_cloudsilverlinigWhat’s all the fuss about cloud computing? Courts, like private businesses, are recognizing the advantages of the cloud that range from cost savings to scalability. Cloud-based solutions leverage a software delivery model that is remotely hosted and accessed over the internet. It is a significant shift from the traditional approach of premise-based software solutions. It turns out that “moving to the cloud” is creating easier, more secure access to not just the applications, but more importantly – the data stored on those applications.

Let’s discuss four advantages to leveraging cloud-hosted solutions for case management technologies. But first, let’s look at the differences between “cloud-like” solutions versus “real” cloud-hosted solutions.

Some cloud-like solution providers establish data centers where they host the hardware and software that would otherwise be installed at a court. They provide the infrastructure and access to the courts in a cloud-like manner.

Contrast this approach with solutions built using real cloud services, such as Microsoft’s Azure Cloud or Amazon Web Services (AWS), which manage global networks of data centers, with integrated tools for building and deploying applications and highly scalable and redundant storage options.

Only a real cloud-based solution approach provides the silver lining of these four advantages.

Advantage #1: Cost
With the budget challenges courts face today, minimizing costs of operations is essential. With cloud-hosted solutions, courts can reduce IT costs because they do not need to procure servers and other hardware and software that support the business applications. Because users are accessing the application over the internet and the service provider is hosting the applications and supporting infrastructure, courts need only pay for the use of the applications they are subscribing to. Costs associated with managing a data center, including the technology and human resources expenses, are reduced or eliminated. Essential personnel needed to oversee server rooms can be redirected to other strategic tasks. Further, courts can reduce hiring for specialized knowledge of particular hardware or software needed to run specialized applications.  In addition, courts outsourcing IT assistance can have access to more options while maintaining the status quo on resourcing.


Read about the JusticeTech TrueFiling solution in the cloud. 


Advantage #2: Scalability
Did someone say “just-in-time”? Cloud computing supports an age-old approach to reducing costs by offering an on-demand solution to system resources. With a premise-based system, courts must often procure enough resources to handle the projected yearly growth and the peak-time volume, which results in unused resources. Further, courts that secure the “minimum system requirements” are basing their calculations off of average volumes and often find that the infrastructure is not robust enough to support the unforeseen need or anticipated efficiency the solution promises when it is needed the most.

With cloud computing, courts have the flexibility to add or reduce resources as needed and do it almost instantly.

Consider the following. With a cloud solution, courts can set processing power to automatically increase for periods of time when volume increases, such as arraignment and motion blocks and then reduce it at night and on weekends. The cloud meets the growing need to store large amounts of digital evidence, such as police cam videos, and provide on-demand access from multiple devices. True scalability. Crisis averted!

Advantage #3: Anytime, Anywhere Secure Data Access
Providing access to court data and documents electronically and on-demand is more important than ever before. But so is the ability to secure that data while making it available. Cloud-hosting gives courts the ability to share information more easily without opening their own network to risk because the data is not stored on the court’s network. Services like Azure provide the tools and services necessary to share and integrate multiple applications securely. So if a judge needs to sign a warrant in the middle of the night or access case files over the weekend, IT managers don’t have to sweat it with a cloud-hosted solution.

Of course, some court managers might roll their eyes at ”anytime” access as they are too familiar with hearing, “the system is down again.” But, cloud services provide tools and solutions for offline computing and high availability service agreements that get users closer to ”anytime” than ever before, thus reducing concerns that court operations will slow as they become more reliant on the electronic file instead of paper.

Advantage #4: High Availability
Hardware and network failures happen. As back office work and courtrooms are increasingly simplified by technology, court managers must be concerned with system availability from multiple perspectives.  Beyond disaster recovery, some other considerations are system performance and uptime. True cloud-hosted solutions change the conversation from preventing downtime and failures to minimizing the impact through resilient design methods and systematic response.[1]

For example, systems can be built so that one service failure doesn’t negatively impact other areas or so that essential business functions can continue while others may be slowed or stopped while the system or service is restored.

Also, cloud computing offers multiple data recovery and redundancy options from multiple replicas within a single data center to replications across data centers in different zones or regions in addition to the local replicas. This can guard against entire region failures. Further, data can be accessed and written to the primary or secondary location (and more) depending on the business requirements for data loss and recovery time.

The Take Away
As courts are considering renewing and updating technology needs, managers should be comparing their current technology and infastructure to modern computing and storage methods leveraging the cloud and its advantages. Moreover, when weighing options, court managers should be sure to understand the difference between true cloud versus cloud-like to ensure the maximum payoff.

Have you had a recent experience with a cloud-based solution?

Jenny Bunch can be reached at: (jbunch@imagesoftinc.com).


[1] Microsoft. Designing resilient applications for Azure. March 24, 2017. https://docs.microsoft.com/en-us/azure/architecture/resiliency/

 

 

 

The Content Below – Connecting with the Buried Business Information

By Jeffrey N. Barlow

126_content below“The ocean is a desert with its life underground
And a perfect disguise above…”

A Horse With No Name
America, 1971

The classic line from America’s forty-five year old classic would be just as true (though nowhere near as hauntingly beautiful and descriptive) if you substituted “file system” or “document repository” for “desert” in the above lyric lines. A pre-ECM/DMS (paper) document management system bore about as much relation to the information within the documents as a table of contents or index bears to the contents of a book. They were “pointers”; like a marine chart telling you where the deep water is. There was little to no information about the water itself, much less what’s in it, and what the things in it are doing. To get to the fish, or the information, you’re on your own.

The thing is, there’s a lot more room below the surface; so you can fit a lot more stuff. Plus, it’s three-dimensional (richer). Historically, though, getting to it has been a real challenge.

Today, the very nature of information is changing. We used to talk about “structured data” and “blobs”.  Structured data could be used, manipulated, measured, monitored, and so on. Information in the “blob” – that is, things like freeform text, audio, or video – had to be read, heard, or viewed to get any information from within.

Modern analytics engines feast on unstructured information.  For example, companies, law enforcement, governments, and who knows who else, monitor the twittersphere to keep track of what is currently of interest to people, what people are doing or planning to do, what people think about products or shows or political candidates or the weather, and on and on. Courts and those interested in courts are starting to realize that plugging more deeply into their “underwater” information can provide both real-time intelligence (for example, to assist judges on the bench) as well as a plethora of management information.

Across the business and government landscape, enterprises have been (proactively or under duress) reexamining the role that information management plays in their pursuit of their core missions. In many cases, and certainly in the case of the Justice System, the answer is that information management is what they do.

All of which calls into question the historic separation of the constituent “systems”: “Case Management Systems “, “Content Management Systems”, “Business Practices”, “Workflow”, “Jury Systems”, “Inmate Tracking Systems”, “Court Reporting”, “Accounting”, etc. While at the physical level there may be many systems, some of which are “electronically” integrated and some which are integrated through paper or people (affectionately known as “fleshware”), in the primary business sense, they are all components of one Information Management System.

Today, the “desert” (surface) is one or more interfaces with the “ocean” below. The conceptual distinction between a Case Management System and the other systems has meaning only when the technical separation imposes constraints. As a result, look for more and more transparent integration, at the user interface level, of the component systems; because the distinctions are just getting in the way.

For all these reasons, modern Case Management Systems can’t just sit on top of the desert. They have to have rich, fast, and flexible access to the ocean of vibrant informational life below the surface. For while the operations and activities of the courts have long sat firmly on top of that informational foundation, the courts’ relationship with it has fundamentally changed.

 

eFiling is Coming Soon to your State – The Advantages of Mandatory vs. Permissive eFiling

By Brad Smith, Senior Justice Consultant, ImageSoft

When I started working on my first state and local court electronic filing project in 1998, I truly felt that it would be adopted much like computer assisted legal research offered by LexisNexis and Westlaw.

Here we are, nearly 20 years later, and state and local courts are finally dipping their toes into the eFiling water. iStock_000011704687_Medium

Unlike the Federal Courts CM/ECF (Case Management / Electronic Files) system which started mandating electronic filing in the early 2000s, state courts have struggled with adopting electronic filing, let alone making the decision to mandate eFiling for civil and criminal cases.

Texas launched an eFiling portal in 2003, which allowed for permissive eFiling on a county-by-county basis. What the state realized after 10-plus years of “go-lives” and an 18 percent adoption rate, is that permissive eFiling is a nightmare for the attorneys, Clerk of Courts offices and the judges.


Click here for more information on JusticeTech TrueFiling™

For the attorneys and their staff, it becomes very difficult to keep track of which cases or jurisdictions allow for eFiling and which do not. For firms operating statewide in Texas, for example, that would mean your legal assistants / paralegals would need to monitor cases in all 254 counties.

For Clerk of Courts, permissive eFiling presented challenges as well. The office processes an incredible number of cases each year and workflow is critical to keeping the court records accurate and available to the public, attorneys and judges in their jurisdiction. In the permissive environment, the clerk’s staff now needs to operate both a paper workflow queue and an electronic workflow queue to maintain the court records, which adds time and complexity to their jobs.

Even judges, who traditionally use paper court files even when their clerk’s office has taken the time and effort to scan over the counter filings, do not have timely access to electronic court records in a permissive eFiling environment. The steps that are required to convert paper pleadings into electronic images (intake, scan and file) can take up to 24 hours, while eFiled pleadings processed by the clerks’ staff are immediately accessible to the judges via their document management system or judicial dashboard.

The Advantages of Mandated eFiling

Just in the last four years, Florida (Civil and Criminal) and Texas (Civil) have mandated eFiling, while Indiana and Illinois have released mandatory eFiling schedules for 2017 and 2018. While it’s not surprising news by itself, the fact that these mandates are taking place in states that do not have a statewide case management system is encouraging.

It is my hope that the next wave of states in the early eFiling planning stages use the lessons learned by their Supreme Court / Administrative Office of the Courts colleagues and bypass permissivie eFiling to move straight to mandatory eFiling, which will benefit all stakeholders involved.

Which approach has your court considered?

 

Welcome to The Paperless Court Blog

124_Changes“(Turn and face the strange)
Ch…Ch…Changes”

David Bowie, “Changes”

Just as Bob Dylan observed that you don’t need a weatherman to know which way the wind blows, you don’t need me to know that the look of this blog has changed. I can, however, share with you the nature and purposes of the changes, and what you can expect going forward.

The blog now takes on the look and feel of its new “parent”, the new  JusticeTech website.

The new masthead, “The Paperless Court Blog”, focuses on the internal and external challenges of courts to go paperless and its business practices. While it will touch on the solution of the JusticeTech solution suite on occasion, the ideas and concepts behind the blog are designed to be helpful for any court.

The previous blog title is not so much replaced as subsumed. “Order in the Court” (to which yours truly contributes and will continue to contribute on a regular basis) becomes one of several sections within the blog.

For my money, the biggest and best news is that more folks are going to be contributing material. Some examples of future topics include:

  • Mandatory vs Permissive eFiling
  • Why eFiling is Not Enough
  • Making Court Processes Easier for Self-Representative Litigants
  • Assumptions and Policies that Delay Going Paperless
  • Why Most Cloud Solutions Aren’t Really the Cloud
  • Why Open Standards Are Key for Courts

In addition to these (and my on-going “Order in the Court” postings), expect ad-hoc postings from:

  • ImageSoft CEO, Dave Hawkins
  • President, Scott Bade
  • Chief Technology Officer, James Leneschmidt
  • JusticeTech Product Owner, Jenny Bunch
  • Sr. Justice Consultant, Brad Smith
  • And others with valuable perspectives on the technology and business practices that are involved in moving to and effectively managing a paperless court.

In short, the changes to the blog include a fresh, new format, more material (hopefully at least one posting a week), and input from industry experts with broad and deep experience in court management, court technology, industry standards, and customer and business partner relationship development and management. We are committed to provide you, our readers, information that is useful, accessible, timely, and (not least), entertaining.

Thank you for reading our blog.