Open court

A cornerstone of our justice system is ensuring every person has access. This includes Sixth Amendment protections to right of counsel, quality assistance for self-represented litigants and ensuring barriers do not exist to public interaction and scrutiny of the court.

Overriding all of this is the need for procedures to be applied equitably and consistently throughout the process.

By nearly every measure, we believe the Iowa judicial branch's shift - now in process - from traditional paper records to an electronic system is a good move that ultimately will increase court efficiency while mitigating costs for all parties.

But the electronic system has created new inequities that should be addressed - specifically, in the public's access to electronic documents which are a matter of public record.

Why Digital?

The Iowa Judicial Branch's Electronic Document Management System has been in the planning stages for two decades. Today, 62 of the state's 99 counties are using the 'eFile” system, including Linn, which moved all case types to the system roughly two months ago, and Johnson, which transferred to the system early this month.

Several south-central Iowa counties are expected to implement EDMS this week, with the rest of Iowa's county courthouses - including Benton, Iowa, Jones, Cedar and Washington counties converting to the electronic system by the end of next year. When that happens, Iowa will be a national leader and model of efficiency with the first mandatory electronic filing system that can deal with paper on demand.

Iowans using EDMS are not subjected to filing fees above the costs typically paid to the clerk in traditional paper offices. The Iowa system is owned by the state, not the contracted vendor, and Judiciary officials do not intend to implement additional user or technology fees.

Once statewide rollout is complete, the judicial branch does not anticipate additional traditional document storage will be needed. Therefore, courthouses may ultimately be able to free existing internal storage space for other local needs.

How it works

The EDMS allows law enforcement, state agencies, attorneys and citizens to electronically file court documents via the Internet. The system integrates with the Iowa Court Information System, commonly known as ICIS, and allows authorized individuals to access docket information and case filings at any time. The system has also shifted many court notices, previously delivered by the U.S. Postal Service, to email.

Outside of the environmental implications of using less paper, the largest benefit to moving to an electronic system is that attorneys, judges, staff and interested parties can access and use the system anytime. Judges no longer need to travel to a separate county to access court records or wait while court records are transported to them. Since the Iowa Code provides a midnight filing deadline on the date documents are due, attorneys no longer need to scramble to physically arrive in the Clerk of Court's office before the close of the business day.

Another significant bonus to the legal community is that several interested parties can now view a case file at the same time. Under the paper system, when a judge requested a case file for review, for example, the public records it contained were temporarily unavailable to others.

Electronic data can also be more easily tracked, greatly reducing the risk of loss or theft of public records.

When the statewide rollout is complete, court users will 'eFile” all case types - civil, criminal, probate, juvenile, domestic relations, etc. Everyday citizens who choose to act pro se

, or represent themselves in legal procedures, will be able to set up a username and password on EDMS to file a new case or respond to an existing case.

Citizens without computer access or with limited computer access who are a party to a legal case may use public terminals located in the various clerk of court offices to create an account on the system and file any necessary paperwork electronically. Document scanners are also available as part of the public access terminals.

System Inequity

While there's no doubt Iowa's EDMS is a boon for the legal community, it has created a two-tiered system of access to court records, limiting relatively easy and convenient access to court staff and people participating in a case, while leaving the public - including journalists, advocacy and watchdog organizations which routinely monitor court proceedings - in the dark.

In fact, under the new system, most Iowans only are able to access court documents from the public access terminals during business hours within the clerk of court office of the county where the case is filed.

Expanding electronic access to all uses - a practice currently held by the federal court system - would enable the public to monitor the judicial system and ensure the fairness and equality of its operations. It would make it easier for journalists, lawyers, social scientists, watchdog groups and others to use public records to investigate cases and analyze various aspects of the justice system - an important right of all citizens and check on the judicial branch.

Further, Iowans who have sight impediments, are elderly, have limited access to transportation, use English as a second language or use older computer systems are placed in a new and distinct disadvantage.

The rules regarding the electronic system are clear: technological difficulties are not considered a valid excuse for not providing the court needed documents in the required time frame.

Citizens who hope to interact with the court system without the benefit of an attorney now have the added burden of learning a computer system in addition to navigating the legal system, or of opting out of the technological advances and possibly placing themselves at a disadvantage.

Moving Forward

It was only a few years ago that the judicial branch launched Iowa Courts Online, providing public access to general information regarding courts statewide. This portal, which provides basic information for all but juvenile and other cases deemed confidential, continues to be limited in terms of available information and cumbersome to those unfamiliar with the Iowa court and legal systems.

As noted in the 32-page help document, even if a citizen decides to pay the $25 fee for expanded access and search capabilities, the system relies on internal codes and legal jargon not generally understood by the public. Users cannot access case file documents through Iowa Courts Online, but can take information provided by the portal to local clerks of court to locate and view public records.

The Iowa system stands in stark contrast to Public Access to Court Electronic Records, or PACER, the federal system that allows anyone to register for an account and view case and docket information from federal appellate, district and bankruptcy courts. Nearly 1 million users throughout the nation - people from all walks of life - have equal ability to access public federal court documents for a nominal peruse fee, which also can be waived.

We were gratified to learn from state officials this week that when the system is implemented statewide, existing rules will be further scrutinized, any outstanding concerns of confidentiality addressed and discussions on expanding access held. While we applaud the Iowa judicial branch for its tenacity in developing, funding and implementing a statewide electronic management system, it is clear their work is not complete.

Iowans need and deserve full access to their courts. We encourage state officials to further expand the electronic system in the image of PACER so that all users are on equal footing.

' Comments: (319) 398-8262 or editorial@thegazette.com