Paperless justice

Space for court files isn't an issue for Story County, but space for unused clips, envelopes and sticky notes might be.

The need for those items has significantly decreased since Nov. 8, when the county became the second pilot program for the Electronic Document Management System, which allows judges, lawyers and the public to electronically file court documents, instead of filing on paper.

“I'm giving our binder clips to other departments,” said Clerk of Court Diane Tott, “and paper clips we don't need … and the Post-its.”

It's a small benefit of going digital, and there are plenty of others - files no longer misplaced; multiple people can view a document at the same time; and judges, attorneys and residents can file from other counties or their home or office, which saves time and money.

Story County started electronically filing the civil, juvenile and mental health cases in November and just started converting the criminal and traffic cases June 1.

Plymouth County was the first to start e-filing in January 2010, and now a third pilot, Sioux County, went paperless July 25. Woodbury County will be the next pilot in November.

Ken Bosier, director of Information Systems and Technology for the Iowa judicial branch, said all 99 counties will eventually go digital over the next two to three years, but the timeline is tentative. The estimated cost of the project is $19 million.

The goal is to start two counties a month, but the larger counties - Linn, Scott and Polk - will go one at a time and probably be near the end because of volume, Bosier said. Linn could start in 2013, he said.

Bosier could not estimate the cost savings because some courthouses will require additional monitors and scanners for the public and staff. So county courts may save on office supplies but spend on equipment to make the system function.

“This is the first program of its kind in the nation that's attempting to put every case type in electronic form,” said David Boyd, state court administrator. “Other states have done it with some cases but not everything.”

Each of the pilot counties filed all new cases electronically when the pilot started and converted existing cases on the court schedule and most of the important or critical documents in a pending case, said Tott, also a member of the business advisory committee for the project. The clerks also will convert files if requested by an attorney.

Tott said scanning the documents and assisting the public with e-filings is time-consuming, but it will eventually save time for the clerks because they won't have to retrieve files for someone to view.

Existing paper court files are still stored in the clerk's office, she said. Rules govern how long court documents have to be maintained.

Second Judicial District Judge Dale Ruigh said it was a real change for him after 30 years on the bench, walking into his office and not seeing a pile of court files on his desk.

“I've grown to like the digital files,” Ruigh said. “I don't have to thumb through the court files anymore. I just pull it up on the computer. I think I get out orders faster, and it goes out to all parties at the same time, no mailings.”

Tara van Borederode, staff attorney with Story County Legal Aide, said she uses the system multiple times every day.

“The benefits are significant,” van Borederode said. “It's a learning curve, but within a month, it saved time and it could save money for a client. We don't charge our clients (in that way), but other attorneys do charge clients for those trips back and forth to the courthouse.”

Van Borederode said she was worried about client response to e-filing, but they have been mostly positive.

Ames City Attorney Doug Marek agrees there are long-term benefits but said law enforcement and other non-lawyers have encountered problems in filing criminal cases.

“There are some bugs that need to be worked out,” Marek said. “You have to keep in mind the judicial branch designed the system, and for an outsider who may not understand (legal) procedures, it can be daunting and frustrating. The reality is … the practical effect is it pushes the workload and cost (of upgrades) to the user.”

With budget cuts reducing the number of court reporters, e-filings may help, Judge Ruigh said, because judges can enter orders quickly themselves.

A downside, he said, is the digital system reduces face-to-face contact with attorneys, who no longer have to come to a judge for an order.

“We're still a system of human beings, and I think we need to be sensitive to that,” Ruigh said. “That's the one thing I miss.”