From The Detroit News, December 31, 2004 Friday
Technology has a way of filtering slowly through the court system in Michigan, but officials in Eastpointe aren't interested in waiting.
E-filing has come to Macomb County's 38th District Court, allowing residents to file their motions in civil matters electronically -- without having to set foot in the courtroom. It's a service that has become more common at the federal and circuit court levels, but Eastpointe's court is the first district court in Michigan to offer it -- and more are likely to follow.
The proliferation of computers and the need for courts to move away from paper-based record keeping has state judicial officials looking to put more services online.
But will it open the door to a flood of litigation?
Peter Falkenstein, whose Southfield-based firm Jaffe, Raitt, Heuer & Weiss e-files regularly for federal cases, said he does not see that happening -- even now that the service is available at the district court level.
"You still can't initiate a lawsuit electronically," Falkenstein said.
"A summons still has to be issued and stamped by the clerk of the court. So you can't start a lawsuit online."
Judge Norene Redmond, who oversees the 38th District, helped bring e-filing to her court. As a former attorney, she also sees the potential for abuse, but does not believe it will come to that.
"There are frivolous lawsuits filed every day anyway," she said. "But even with e-filing, you'll still have the same rules that applied to filing lawsuits before."
Those include paying the costs for filing a suit and having to present a credible case before the court clerk will accept it. Lawyers are not required, but e-filing does not offer the public an opportunity to file lawsuits anonymously.
"Anything that gets filed electronically is going to be available online for anyone to see," Falkenstein said. "You'll post your complaint, which will likely include some negative things about a defendant. But that person is going to file a response, which will also be online."
Redmond and Court Administrator Lori Shemka made e-filing available on Nov. 30. As of Wednesday, 12 civil motions had been filed using the service. As more attorneys become aware of it, Shemka said she expects the service to get more traffic.
For starters, it saves time by allowing people to file motions with a mouse click instead of a courthouse visit. In addition, postage costs for mailing documents to the courts and to the complete list of respondents are eliminated.
Computers are changing the nature of the judicial process across Michigan these days making filings easier for attorneys, making it easier for motorists to pay tickets and making it easier for court officials to share information.
Ottawa County Circuit Court in west Michigan is accepting e-filings for any general civil case.
In Wayne County, Circuit Court Judge Robert Colombo Jr.'s office is accepting e-filings having to do with asbestos cases.
At the federal level, Michigan's courts have begun to follow the global justice data model, which allows different legal venues to share case information.
Eight Michigan counties have implemented the state's data warehousing system, which shares basic case information across courts. Court workers handling a filing against a defendant would be automatically alerted to a case pending against the same person in another district.
In the City of Wyoming, Mich., residents are now paying their traffic tickets on-line.
With each new service, the reasons for going to the courthouse decrease. Mark Dobek, director of information systems for the Michigan Supreme Court, said even more changes are coming with the spread of technologies such as video-conferencing.
"A lot of courts are already doing it," Dobek said of arraignments via teleconferencing. "At this point, we're trying to set up a fiber optic backbone throughout the criminal justice system to help facilitate it."
In the future, the use of such technology will allow even more hearings to take place without all of the principals having to be in the same room. But it's a limited future for criminal cases, Dobek said, since defendants have the right to face their accusers.
E-filing service
Eastpointe's 38th District Court is the first district court in Michigan to allow residents to file motions with a mouse click.
To file, log on to 38thdistrictcourt.com, or "www.judgeredmond.com"?www.judgeredmond.com .
Click on the link for e-filing, and you will be directed to the state Supreme Court's registration page.
Attorneys and residents can file general civil complaints, answers, jury demands and motions.
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