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Saturday, February 24, 2001

Why drive to courthouse?


Just e-mail documents to the clerk

By Janice Morse
The Cincinnati Enquirer

        In what is being called a significant step toward a “paperless courtroom,” Butler and Hamilton counties are on the verge of accepting court documents electronically via the Internet.

        The county clerks of courts are testing so-called “e-filing” systems, which they hope will be ready for daily use later this year.

        Although the systems' use is growing nationally, there are only a few working models in Ohio, said Christian Selch, the Ohio Supreme Court's manager of technology, policy and planning. The state's highest court is now considering rules to govern the technology.

[photo] Cindy Carpenter, Butler County's clerk of courts, logs onto the clerk's Web site with a smart card reader.
(Michael Snyder photos)
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        E-filing is designed to make courts more efficient and reduce the fees lawyers charge clients.

        “It just allows people to send their filings in without driving here and coming into our building,” said Cindy Carpenter, Butler County clerk of courts. “But the court system is so slow to change ... it's going to take a lot to get everyone to trust the technology.”

        Jerome Cook, project administrator for Ms. Carpenter's office, said, “If we don't assure judges and attorneys this is the most secure system on the planet — or at least the most secure it can be — it won't even be considered.”

        A congressional act signed into law in June makes e-filings legally binding, carrying the same weight as paper documents signed in ink.

[photo] A thumbprint scanner gives a judge access to the electronic document filing system.
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        Both Hamilton and Butler counties will mesh the e-filing system with their current Web sites; both have multiple layers of security to block hackers and impostors.

        Hamilton County Clerk of Courts Jim Cissell will begin using his system first for civil Common Pleas Court cases, using a registration and encrypted password system.

        Ms. Carpenter's system will initially be used by the county's municipal and area courts to transfer criminal cases to the Common Pleas level.

        Her office is testing a “smart card” system. The cards look like a credit card and are embedded with a computer chip. “That chip is smarter than the computer I had in my house four years ago,” Mr. Cook said.

        Ms. Carpenter's office will issue the cards to “e-ttorneys,” or court clerks who are authorized to file documents. An encrypted number, password and the user's e-mail address are all linked to each card.

        For added security, Butler's judges and court officials can use a “bio-mouse,” which reads a finger print to verify the user's identity.

        Michael J. Brandabur, a Hamilton lawyer who became familiar with e-filing through the federal court system, is helping Ms. Carpenter's office test its system. He says e-filings help clients track lawyers' work.

        Mr. Cissell and Ms. Carpenter have also had to consider whether their systems would comply with laws and rules — some of which are still being drafted.

        Now through March 7, the Ohio Supreme Court is accepting comment on proposed rule changes relating to electronic filing.

        The court expects the new rules to take effect July 1.
       



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