Federal courts reducing the paperwork

Jace Radke

Thursday, May 8, 2003 | 9:01 a.m.

On a given weekday afternoon the court clerks' offices in the George Federal Building can get a little busy.

Lines out the doors and breathless runners trying to get something filed before the 4 p.m. deadline are not uncommon -- but they may become a thing of the past in a few years as courts continue to embrace the Internet.

"We're shooting for 2006 or early 2007 for every court to have adapted to electronic case management and electronic filing," said Dick Carelli, a spokesman with the administrative office of the U.S. Courts.

In Las Vegas U.S. Bankruptcy Court has been testing electronic filing as an alternative to paper filing of claims since January 2002, and U.S. District Court is expected to begin accepting electronic complaints in 2005.

"We're a little ahead of the curve because of how paper-driven the bankruptcy courts are," said Patricia Grey, bankruptcy clerk in Las Vegas. "We had 14,990 new case files in Las Vegas last year and more than 19,000 statewide, so we're dealing with a very high volume.

"If we can eliminate the manual work we have to do we can save the many, many hours it takes to docket paper files."

About 2 percent of the state's bankruptcy cases are filed electronically. Attorney Philip Goldstein and Trustee Tom Grimmett were the first to sign on to the new process in Las Vegas and now file cases and motions using a computer and the Internet.

Goldstein can now file a bankruptcy case at any time of day instead of fitting it into the 9 a.m. to 4 p.m. window when the clerk's office is open.

"It's whole new way of thinking," Goldstein said. "Now if I have a client who has a foreclosure sale tomorrow, I can file the bankruptcy tonight, even if it's at 7 p.m.

"It used to be that I would get the information, and tell a client to come back next week, but now we can file it in the morning, and the client can call me back after lunch and everything is ready to go."

The system, known as Case Management/Electronic Case Files systems, requires attorneys to choose a password, which is used to gain access to the computer filing system. The attorney then uses forms already outlined online to file a new case or make motions.

The new information is automatically time-stamped when it is received by the clerk's office.

The system creates an electronic database that can be accessed by the clerk's office, and by attorneys and trustees through their passwords. The information can also be accessed by the public through another database.

Tom Grimmett, a trustee who had more than 2,100 new cases last year, said electronic filing has allowed him to cut a file clerk position because he is working with less paper.

"In the past, I would produce a file for each case, and I would then have to keep that file for two years because of federal regulations," Grimmett said. "Now I just print out what I need before I go to court. The database stores the files so I don't need to have file cabinets and storage for them.

"If I wanted to, I could just go to court with my laptop."

Nevada is one of 34 states using electronic filing in federal courts.

Currently in Las Vegas there are about 20 attorneys and five trustees using the system, with the goal to have 75 percent of the Bankruptcy Court's business being done online in five years.

"There is a learning curve and training, but it will help us cut down on mistakes where files get stuck together or lost," Grey said.

Grey's staff needed about two months to get to a point where they felt comfortable with filings coming over their computers instead of across a desk. Attorneys and trustees also must be trained, and they have to purchase the software needed to access the database.

U.S. District Court Clerk Lance Wilson said he expects his court to follow bankruptcy's example and begin to switch over to electronic filing in 2005.

"The biggest advantage will be for the customer, who will no longer have to come down or have to have an image of a file made," Wilson said.

Although electronic filing could eventually lead to a paperless federal court system, that is something that will take a lot of getting used to, Wilson said.

U.S. District Judge Lloyd George supports the change, but doesn't know if the court system will ever be totally paperless.

"I always want to have that backup in case something goes wrong," George said. "I like to have that paper in front of me to write down notes, or if it's a lengthy document, I may want to read it in paper form."