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Citizen Advocacy Center Study On Municipal Internet Communications, The Freedom of Information Act, and The Open Meetings Act

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DCBA Brief's President's Message
February 2007

SIZZLE, CRACKLE, SNAP.... IT’S ELECTRIC!
WHAT’S THE STORY WITH E-FILING?

By Glenn R. Gaffney

NEW YEAR’S EVE, 2005

It was about 3:30 p.m. I had due that day the dread of all dread for a plaintiff’s employment law attorney. It was the deadline for Plaintiff’s Response to Defendant’s Motion for Summary Judgment in Federal Court. Defendant’s motion including the brief, purported statement of uncontested material facts, affidavits, exhibits and transcript excerpts was approximately ten inches thick. My response was nearly as large. I had finished Plaintiff’s Response and arranged all the affidavits, exhibits and transcripts for filing. What remained was the finishing touches and editing of Plaintiff’s Response Brief. Colleen (she’s my wife) called. She wanted me to pick up Chinese food at 5:00 p.m. and stop at the video store to pick up a movie – the makings of a big night. I don’t know how, but Oriental carry-out has now become a New Year’s Eve family tradition.

Was I in a panic? No. Not that there was room for error. In Federal Court, the failure to file a response on the due date is likely to become case dispositive. Time to call your malpractice carrier. But even if I did encounter a problem, at least I had until midnight as opposed to the 5:00 p.m. closing of the clerk’s office window thanks to e-filing. In Federal Court, e-filing is not a choice. Although the clerk will accept paper, upon receipt of your paper filing you are immediately served with a petition for rule to show cause from the Chief Judge as to why sanctions should not be issued for failure to e-file. At first I was skeptical, but I soon learned to appreciate its efficiency, especially since my trip to the clerk’s office would otherwise take at least two hours.

We had purchased a high speed scanner and Adobe Acrobat program to easily convert paper into digital images. By 4:00 p.m., I had finished the final edit and we were ready to file. By 4:15 p.m., the clerk’s office system acknowledged receipt. No need to serve my opponent, as the system did that automatically. Time to whoop-it-up!

Three years ago I didn’t have a computer at my desk, a digital scanner, internet access or a cell phone. Now, I don’t know how I could survive without any of them. I once heard that technology is like a tornado. It starts slowly but as you get further down the funnel cloud of technological advancement, the pre-existing winds of change increase exponentially and new advancements come out faster and more furiously. I’m not sure where we are now in that twister but it feels like we’re speeding up daily. Whether that’s all for the better may be debatable. I’m not really sure how my television works, but I sure like my wide screen HD and 150 cable channels.

DUPAGE COUNTY – AN ILLINOIS LEADER

Once again, DuPage County is at the forefront of technological change. Like it or not, change is inevitable. In 2003, the Illinois Supreme Court established a policy for implementation of an electronic filing pilot project in the Illinois courts. They designated three pilot counties which included DuPage. Of the three, only DuPage implemented a pilot program. According to the Illinois Supreme Court, the filing, tracking and processing of paper court documents creates inefficiencies, redundant activities and higher costs to the courts throughout the state. E-filing provides the ability to electronically receive and process documents for filing which improves operational efficiency. (See Illinois Supreme Court website at court.state.il.us.). Also according to the Illinois Supreme Court, e-filing is better for us lawyers because it enables us to file documents electronically 24 hours a day, seven days a week, 365 days a year and eliminates racing the clock to the courthouse door. Additionally, e-filing eliminates delivery or processing fees. Service is effectuated instantaneously to all other parties that have filed appearances and status reports confirming acceptance and service is returned instantaneously. Sizzle, crackle, snap. . . It’s Electric!

NEW E-FILING RULE CHANGES

Effective January 2, 2007 anyone in DuPage can e-file in the L (Law), AR (Arbitration), CH (Chancery), MR (Miscellaneous Remedies), and D (Dissolution of Marriage) cases. Any case is deemed e-filed when the plaintiff files a complaint electronically or if the defendant files an answer electronically. After that, both parties must stipulate that a pending case will be included in the e-filing program. Once a case is e-filed, the clerk will only accept subsequent filings electronically either through an authorized vendor or through the clerk’s system which is free. It’s time for all us DuPage civil litigators to plunk down the coin and gear-up for this innovation. Try it, you’ll like it.

LEARNING THE INS AND OUTS OF E-FILING

If you want to learn more about e-filing, start coming to our committee meetings. Either a vendor or a DCBA appointed "e-filing guru" will begin attending most committee meetings to discuss and educate our members on the basics of e-filing. This will include what equipment you need, what software is required and what services are provided by the various vendors. If you know how to e-file and your opponent does not, you will obviously be at a strategic advantage. Knowledge is power. We are here to provide you with the knowledge.

THE BEST KEPT SECRET YOU’LL HEAR ALL YEAR

Sshhh! Don’t tell anyone else. This is between just you and me. Have you ever seen Judge Abraham pull up your case file on his computer and show you the content of a prior Court Order or some document you filed? Haven’t you said, "Dang ….. I’d sure like to do that." Because YOU are a loyal DCBA member and read my President’s Page, here’s how you can do the same thing from the privacy of your own office or home.

Step 1 – Go to www.dupagecase.org (Circuit Clerk Kachiroubas’ restricted information system)

Step 2 – Click on the words "submit request here"

Step 3 – When the web browser certificate screen pops up, type in your name and email address. Click on "submit."

Step 4 – The system will provide you with a certificate request number. Write it down.

Step 5 – Send an email to Dewey Hartman, Circuit Clerk Administrator or his assistant, Mary Louise Heaton.. Dewey’s email address is dhartman@dupageco.org. Mary’s is Mary.Heaton@dupageco.org. Tell them that you are a DCBA member and that President Gaffney requests that they approve your request for a certificate. Alternatively, call Dewey’s office and communicate verbally the same information at (630) 407-8579. Don’t forget to give them your certificate request number which you have written down.

Step 6 – Obtain your password number with your certificate approval.

Step 7 – You’re in. Send me an email (grgaffney@aol.com) describing how you like the system and what you’re using it for. If it’s not working, call Fred Spitizzeri.

SPEAKING OF RULE CHANGES

Everyone needs to be aware that no motion, brief or writing in support of or in opposition to a motion shall exceed ten (10) pages in total length without prior leave of Court. However, the ten page limitation now excludes any supporting documents.

JUDGE’S NITE: FEBRUARY 23

It’s not too late to get in on the action but we are headed for a sell-out. We’ve made special arrangements at the Abbington for everyone to see the show up close and personal. SEE THE SHOW. . . SEE THE SHOW. . . SEEE THE SHOOOOOWWW!

WORKIN’ ON A NIGHT COURT

Thanks to Judge Equi and our night court committee, pro se litigants will now be heard once per week during the late afternoon and early evening. The DCBA has pledged to provide a helping hand with a standby lawyer who will draft court orders and otherwise assist the Court. Please call Tom Else at (630) 990-2950 and volunteer for one night of Workin’ On A Night Court.

Glenn Gaffney has been a DCBA member since 1981. He was a Chair-person of the Younger Members Committee (1986-87) and Employ-ment and Labor Law Committee (1990-1994). He was a member of the Board of Directors for part of two terms prior to winning a contested election for third vice president. He has also been active with the ISBA as a member of Assembly, Chairperson of the ISBA Labor and Employment Law Section Council (2004-05) and currently is a member of Federal Civil Practice Section Council. Along with his associate, Justin Gaffney, he litigates in state and federal court, primarily in employment law litigation.

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