Western District of NY in final weeks of preparation for launching electronic case filing (11070)

Listen to this article

With over 700 federal district court judges scattered across the 13 federal circuits, implementing a new case management and electronic filing system is no small task. This is in addition to implementation of a sister system by the U.S. bankruptcy court judges (some 300) dispersed throughout the same national map.

Despite the daunting task, the Administrative Office of the U.S. Courts (AO) should be proud of the progress being made district by district, including the Western District of New York.

Project Initiation

Chief Deputy Clerk for the U.S. District Court for the Western District of New York, Jeanne Spampata, is heading up the effort in this region’s district courts. With a team comprised of employees from both the Rochester and Buffalo divisions, Spampata is the “go to” person whenever any of the dozen or more committees have a question about “what’s next.”

“In the spring of 2002, we completed a readiness survey for the Administrative Office of U.S. Courts,” explained Spampata, project manager. “That was when we were designated as part of ‘wave 11’ in the CM/ECF [case management/ electronic case filing] project. We had our kick off meetings in late January 2003 when the AO team came in from Washington for a site visit. With the blessing of our district judges we are now well down the path of a September 2003 implementation for both systems.”

Chief U.S. District Court Judge Richard Arcara and Judge William Skretny are both very active in the project, noted Western District Chief Clerk Rod Early.

“Chambers staff, secretaries, and various members of the CM/ECF committees traveled to San Antonio for training,” stated Early. “That was a first step in embracing this new application that will not only affect court personnel, but attorneys practicing in federal court.”

Why change now≠ The integrated case management system (ICMS) will no longer be supported by the AO and its support division, explained Early.

The Challenge

With 12 judges in the Western District (seven judges, five magistrate judges), an ever-increasing caseload, and site approval and funding moving forward for the construction of a new Buffalo courthouse, the administrative staff is up to their eyeballs in project management.

“We have set up committees for CM/ECF so almost all of the district staff sits on at least one committee,” stated Spampata.

Meanwhile, Early admits that the plans for a new courthouse are taking about half of his time. Although the occupancy date for the new building is currently set for November 2007, there are already many planning meetings that are critical to keep the project on schedule.

The combination of an application implementation and an office relocation plan are also keeping Patrick Healy, systems manager for the district, on his toes.

“It seems it is easier to list what systems I am not responsible for,” laughed Healy. “My computer system responsibilities have grown to include phones, fax and videoconferencing equipment.”

CM/ECF System

The Western New York paralegal association saw a demonstration of the new system a few weeks ago and had a very positive response.

“The software is all based on pop-up menus,” explained Spampata. “Most people who see the demo have a good grasp of how it works in about 20-30 minutes. Of course it will take a bit longer for court personnel to become familiar with all aspects of docketing, retrieving information, troubleshooting and the like. But the average practitioner should have no trouble learning how to use the system through a three-hour training session. There will also be online help built in.”

Credit card payments will not be part of the September 2, 2003 launch, but the court is working towards that capability. The U.S. Bankruptcy Court for the Western District of New York started accepting credit card payments in December 2002 and will continue to take such payments when it deploys the ECF system on September 2, 2003.

Filing Cases/ User Requirements

Without district approval for credit card payments, complaints will have to be filed with the U.S. District Court in person, along with cash payment of fees.

“Ideally, the attorneys will bring in both a paper copy and a CD to expedite the filing process,” said Early. “Of course, we can’t expect pro se litigants to have their pleadings in electronic format, but it will become mandatory for attorneys in the district.”

One of the significant advantages to the new system will be the “electronic notification.” Once registered, attorneys will automatically receive e-mail notices regarding new motions or other developments in their case.

When an appeal is filed electronically, it will automatically be docketed and all parties will be notified electronically.

Whether the notice pertains to a trial or an appeal, the parties will have one free look at the system – an opportunity to print whatever documents are there. Going back to look at something will involve standard Pacer fees. (Currently, district court dockets and decisions can be viewed on the Pacer system – Public Access to Court Electronic Records – which can be accessed via the Internet for modest user fees.)

Attorney Training

Starting in the second week of August, a three-credit hour training program will be offered to attorneys in the Western District of New York. For those in the Buffalo area, classes will be held in the U.S. Courthouse’s fifth floor training room. For attorneys in Rochester, training will take place at the federal courthouse at 100 State St. The court has applied for CLE accreditation and hopes to have approval before training begins.

“We probably won’t be able to accommodate everyone who would like to be trained before the ‘go live’ date on September 2, 2003,” admitted Early. “But we will do our best and continue training programs beyond the launch date.”

Making The Change

Anxiety and trepidation come along with any change and this one is no different. The Western District staff and attorneys practicing in the district have their concerns as they anticipate the changes the new system will bring.

“Some attorneys are leery of a digital signature,” said Healy. “Some staff members are concerned that their jobs will be eliminated no matter how much we assure them that their job duties will ‘refocus’ but won’t go away. Staff will be directly involved in quality control to ensure files are complete. But right now, it comes down to fear of change.”

If there is one message the project team would like to get out there it is this: “This system will be helpful. It will create cost savings for practitioners. It will improve turnaround time on communications with the use of instant e-mail notification. And it will likely expand the hours for filing, besides allowing filing from ‘out-of-town.’ What’s to fear≠” stated Early.

It’s really only a few weeks until many in the district will get to see for themselves what the new system entails.

Stay tuned for more news about training schedules and the project implementation.