CLJ CMS eFile Webinar Presented by the Project Steering Committee - Presented February 19, 2021

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CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

Presented February 19, 2021                1
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

Presented February 19, 2021                2
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

Presented February 19, 2021                3
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

Presented February 19, 2021                4
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          Many of our court association members serve as the project’s subject matter
          experts.

          As you can see, we have several members from the DMCJA that serve on
          the three main areas of guidance for the project – the Judicial Information
          Systems Committee (JISC), the project’s Steering Committee, and the Court
          User Work Group.

          We have members from the DMCMA, MPA, WSBA, ATJ, and WAPA all
          sharing their expertise to help deliver a new trio of systems to our courts of
          limited jurisdiction.

          The project has contracted with Bluecrane, Inc. to provide independent
          oversight and verification and validation of specific deliverables for the new
          CLJ case management system. The purpose of Quality Assurance is to
          make sure the project is following best practices for IT projects and
          managing risks in a systematic way to ensure the final product meets the
          specified requirements of the CLJ courts.

Presented February 19, 2021                                                                5
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          Since this the first of a series of webinars sharing information on the
          implementation of eFiling, let’s bring you up to speed on the timeline and
          brief history of the project. We’re going to delve into the background of the
          project for a few moments so we can provide some context for how eFiling
          has come into play for the courts of limited jurisdiction.
          • A new case management system for CLJs was originally requested by the
             DMCMA in 2011.
          • In 2012, the JISC prioritized the project to begin after SC-CMS.
          • All business court requirements were finalized in 2016 and specifically
             included electronic filing for the courts, a new case management system,
             and a probation solution.
          • After months of careful review, we determined that Odyssey, Odyssey File
             & Serve, and Tyler Supervision would meet the needs of courts of limited
             jurisdiction and probation offices.
          • With the 2020 contract in place, we can finally replace the JIS system -
             which was created in 1987 in a nearly obsolete programming language
             that is not cost effective to bring up to today’s standards.
          • Many, many dedicated judges, court administrators, court staff, and

Presented February 19, 2021                                                               6
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

            subject matter experts have worked on this project for years. Some of
            these names you may recognize:
                • Chief Justice Mary Fairhurst
                • Judge Glenn Phillips
                • Judge Virginia Amato, WSBA Representative prior to taking the
                  bench
                • Judge Laura Bradley, as an Access To Justice advisor
                • Lynne Campeau, who served as the original Project Steering
                  Committee Chair
                • Larry Barker of Klickitat County Probation
                • That is but a few of the many CLJ court stakeholders that have put in
                  countless hours to work on this effort.

Presented February 19, 2021                                                               6
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          eFiling was always considered a necessary requirement of any DISCIS
          replacement system for the effective and efficient operation of today’s limited
          jurisdiction courts.

          There are many benefits to eFiling:
          • It will eventually offer access to documents statewide for judges and court
            staff.
          • It will reduce the amount of paper handling and storage space required in
            your court.
          • Right now, with the COVID pandemic and new allowances for virtual
            appearances, remote services are critical to continue court business and
            access to justice.
          • It will enable you to shift your staff’s time from manual paper sorting,
            stamping, scanning, etc. to other functions that may be time sensitive or
            deadline driven
          • Most importantly, eFiling now is an investment in the future. With
            electronic documents filed now, fewer documents will need to be scanned
            or converted when it’s time for you to implement the new CMS.

Presented February 19, 2021                                                                 7
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

         • When the CMS is implemented, eFiled documents will seamlessly come
           into the Odyssey system, and can be processed in Odyssey.
         • We understand that change can be hard, but people usually love the results
           of modernization when it is complete.

Presented February 19, 2021                                                             7
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          Nearly all 50 states offer some version of electronic filing. It varies by state
          and within those states, it varies by county sometimes.

          But eFiling is not uncommon or unusual – it’s actually become the norm in
          many states and have been using this type of service for several years.

          And many other states are using Odyssey File & Serve successfully. There
          are 24 states currently live with Tyler’s eFiling and of those, 17 states have
          mandatory eFiling for attorneys.

Presented February 19, 2021                                                                  8
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          As you can see from the slide, the process for eFiling is really pretty
          straightforward.

          • A filer registers to use the system, then submits their filing by following the
            system prompts. There is no cost to register as a filer.

          • The court clerk reviews the filing for completeness and marks it as
            accepted or rejected.

          • If rejected, they indicate the reason and that status is passed to the filer
            via email.

          • Documents will become available for viewing initially in JABS, and once
            your court has implemented the Odyssey case management system,
            additional functionality will be available, such as case creation, receipting
            of payments, etc.

Presented February 19, 2021                                                                   9
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          We’re going to give you a quick overview of how easy it is to register as a filer, and
          some of the information you’ll be asked to submit.

          Here you can see that you can choose to register for a Firm Account - this usually
          involves multiple users or a solo legal practitioner, or you can register as a self-
          represented litigant.

          In this example, we’ve selected “self-represented litigant” and we’re entering the
          information requested – Name, email address, and a password to establish the
          account – this is pretty standard.

Presented February 19, 2021                                                                        10
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          OFS requires you to confirm your account registration by clicking on a link sent to
          the email address you registered your account under. Once you’ve done that, it will
          ask you to put a credit card number on file, but this can be bypassed until you
          complete the remaining steps.

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CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          From here, you can either start a new case, or you can file additional documents
          into an existing case. You should already have your documents scanned in PDF
          format and accessible to drag and drop, or you can browse your folders and add the
          documents.

Presented February 19, 2021                                                                    12
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          From here, you will be able to select the court location for your filing, select
          the category of filing, and select the case type associated with the category.
          The Court User Work Group has determined that eFiling can be used for all
          case types EXCEPT for initial filings in criminal and infraction cases. Only
          subsequent filings on criminal and infraction cases can be submitted through
          OFS when we first implement File & Serve.

Presented February 19, 2021                                                                  13
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          At this point, you can enter the information on the parties, including whether you’re
          an attorney or pro se litigant, address and additional identifier information and so on.

          During this process, you’ll also be able to decide if you want to opt in for eService.

          What does the eService process look like?
          • If you opt in to receive electronic service through OFS, documents can be
            electronically served by you to other electronic filers who have also opted
            in for the service. This is available at no additional cost.

          • Any party who opts-in for eService can serve each other; this applies to
            both self-represented litigants and private attorneys.

          • When using eService, you can track when each party who you
            electronically served received and opened the filing.

Presented February 19, 2021                                                                          14
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          Now we’re switching to the Clerk’s view for eFiling.

          Here’s an example of what the Clerk’s dashboard will look like. There are no
          system prompts to let a clerk know when a case or additional documents have been
          filed, which means that clerks will need to regularly log in to see what has been
          submitted.

          At this screen, the court clerk can select a case, review the filing for
          completeness, and then mark it as accepted or rejected.

          • If rejected, they will indicate the reason. That status is then passed to the
            filer via email.

          • Documents will become available for viewing initially in JABS, and once
            your court has implemented the Odyssey case management system,
            additional functionality connected with OFS will be available, such as case
            creation, receipting of payments, etc.

Presented February 19, 2021                                                                   15
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          Once the clerk has chosen the document they need to review, there are a
          variety of tools for them to stamp, annotate, and make notes on the
          document before they move it forward to the judge for review. More training
          on this will be provided, of course.

Presented February 19, 2021                                                             16
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          So now that we’ve offered a quick visual of how eFiling works, let’s talk about
          why eFile is being implemented statewide first, and why we should be
          excited about this.
                 • First, the CLJ-CMS Project Steering Committee and Court User
                   Work Group determined eFiling was a critical requirement to
                   accompany any new case management system.

                 • Second, we know that other states are using eFiling very
                   successfully, and that eFiling makes it easier to see and share court
                   documents across jurisdictions.

                 • The Steering Committee wanted to offer a quick benefit to courts in
                   dire need of modernization, and deliver eFiling across the state first
                   because we knew that it would take two to five years for some of
                   our CLJs to receive the new CMS and probation solution, but
                   eFiling gives them a head start on the efficiencies they will realize
                   with the new Odyssey system. It eases the transition to less paper.

Presented February 19, 2021                                                                 17
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

         • eFiling can be completed in 1 year; it will not delay the CMS and
           supervision implementation.

         • It allows attorneys and self-represented litigants to enjoy the benefits of
           easy filing from home 24 hours a day much sooner than they will be able to
           interact with Odyssey.

         • eFiling is part of an integrated system enabling automation in the areas of
           case creation, docketing, accounting, and document management. Once
           Odyssey is implemented in your court, you will experience all of this
           functionality.

         • Court efficiencies will be gained through eFiling. This will reduce staff
           chasing down lost documents, cut down on faxes, emails, and phone calls
           from attorneys seeking confirmation that their filing was received. eFiling
           will also reduce costs for paper and toner consumed by those courts that
           accept filings via fax or email.

         We understand many courts have concerns about implementing OFS
         ahead of Odyssey. Please understand that we hear your concerns. We
         plan to meet as a Steering Committee soon to discuss this issues. If you
         would like to discuss the concerns of your specific court, please email
         us directly at CLJCMSProject@courts.wa.gov.

Presented February 19, 2021                                                              17
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          • eFiling is a self‐funded or transaction‐based model ‐ There is no governmental
            appropriation for the e‐filing software and/or services.

          • The $5 eFiling fee is per envelope – and an envelope is a collection of documents
            filed per case at one time.

          • The $5 eFiling fee is a service fee charged by the vendor, Tyler Technologies, for
            the cost of the software implementation, as well as all the maintenance and
            customer service support.

          • The JISC, at their December 4, 2020 meeting, was advised by AOC staff that
            several superior courts across the state are now requesting to implement
            OFS. The plan would be to implement the same charging model being used by
            the CLJ‐CMS Project, as it is cost neutral for the state and the courts.

          • The implementation of new technology inevitably requires increased customer
            support – court staff will be able to refer technical questions on the eFiling
            process to Tyler Technologies’ customer service team rather than addressing it

Presented February 19, 2021                                                                      18
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

            themselves – this saves time and money.

         • Unlike some other states, it was determined there would be no registration fee
           required to become an eFiler, and there would be no charges to view documents.

         • The $5 fee was determined based on a review of historical CLJ caseloads, potential
           filings, and exceptions. Data was pulled from 2018 and 2019 to assess the average
           number of cases filed under the categories of Civil, Infractions, Criminal, Unlawful
           Harassment, and Small Claims, and this information was used to help inform how
           the fee structure could support the offering of the service statewide with no
           additional funding from the legislature.

         • In addition to the eFiling fee, there is also credit card and eCheck convenience
           fees. These convenience fees are already in place in most courts. The details are
           outlined in the FAQ document we shared last week and posted online on the CLJ
           website.
                • We have more detailed information on this in the Project FAQ under
                  Question #34.

         Comparison data for other states…
         • Both neighboring states of Oregon and Idaho are unified court systems and both
           have made eFiling mandatory for attorneys. They do not charge attorneys or self‐
           represented litigants an eFiling fee, but credit card convenience fees are charged
           when there are statutory filing fees to be collected. Oregon also charges users to
           access a case and to view documents in general.

         • In California, participation is determined at the county level, and OFS is used at
           over a dozen counties in California. The charge for eFiling in these counties varies
           between $3.50 to $5.00 per envelope, and they charge a 3.3% credit card
           convenience fee.

         • In Arizona, the mandatory nature of eFiling varies by county, but they charge $6.50
           for an initial electronic filing with a 3% convenience fee and then another $6.50
           per lead document for subsequent submissions. Also, eService is not free – users
           there are charged $3.80 to use electronic service.

         • In Nevada, the information on costs to file and view documents varies by county,
           but eFiling is mandatory for attorneys to file with their Supreme Court.

         We realize we’re sharing partial data about what other states’ practices and costs are,
         but this webinar is not intended to provide an exhaustive history on the use of eFiling

Presented February 19, 2021                                                                        18
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

         in our country. The point we want to drive home is that eFiling is not new, it’s just
         new to us. And charging to use an eFiling service is not new or unusual either – not
         every state or jurisdiction can afford to offer the service for free.

Presented February 19, 2021                                                                      18
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          • Civil filing fees and surcharges can be waived by judicial officers based
            upon the guidelines in GR 34. (Waiver of Court and Clerk’s Fees and
            Charges in Civil Matters on the Basis of Indigency).

          • Exemptions for the $5 fee are available for protection order cases and
            those involving indigent parties, qualified legal services providers, or
            government filers such as prosecutors and public defenders.

          • Per RCW 2.68.010, we don’t charge other government entities to access
            state judicial information systems (e.g. prosecutors or public defenders)
            but we do charge private defense attorneys.

          • Filing fees are not charged for DV Protection Orders (RCW 26.50.040),
            Sexual Assault Protection Orders (RCW 7.90.055), and Stalking Protection
            Orders (RCW 7.92.080).

          The waiver process is no different than how you would normally handle it in
          your court. As you consider how you will approach the waiver process in

Presented February 19, 2021                                                             19
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

         your court, we ask you to be mindful of how often you’re waiving fees as it may
         impact the project’s ability to continue to provide the service.

Presented February 19, 2021                                                                19
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          • Consistently digitizes records enabling electronic processing.

          • Mandatory eFiling for attorneys will ensure continued service and support
            for OFS in Washington State.

          • Mandatory filings support the access and availability of documents
            statewide for judicial officers and others to view.

          • To support mandatory filings, courts will need to create a local GR 30.

          • In terms of the rule-making timeframe, there were some changes to the
            process and we have to allow a 30 day comment period.

          We ask for a good faith effort by every court in the state to share the cost of
          providing access to the service.

          As members of the DMCJA and DMCMA who serve on this project’s Steering
          Committee, we represent the interests and concerns of judges and court

Presented February 19, 2021                                                                 20
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

         administrators, especially as it concerns the impacts and outcomes of this
         project. We have been working on crafting a model local rule that addresses
         the concerns we have been hearing about how to implement eFiling in their
         community.

Presented February 19, 2021                                                            20
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          The eFiling rollout plan reflects the same rollout order as for the CMS.

          We divided the rest of the state into “phases” and planned the rollout based
          on user count, geography and location, travel considerations, feedback we
          received from the courts via the survey we recently completed, and project
          steering committee and court user workgroup participation.

          I recommend you note which number is assigned to your county in the rollout
          plan, as our next slide will tell you when your county is expected to
          implement eFiling this year.

Presented February 19, 2021                                                              21
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          As you may have seen already, here is the schedule for when eFiling will be
          rolled out.

          You will notice that there is a 90 day period between when the Pilot courts
          implement eFiling and when they will require mandatory eFiling for attorneys.

          There is a shorter period of 30 days between the go live dates and
          mandatory filing for attorneys for all remaining rollout phases.

          The reasoning behind this is the project team will need that 90 day period to
          ensure everything is working as it should (they call this the stabilization
          period).

Presented February 19, 2021                                                               22
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          Now we’ll address some of the questions we’ve received from fellow judges,
          court administrators, and court staff. If you have a question, please submit
          that now via the Q&A window. We’ll try to answer as many questions as we
          can live, and if we aren’t able to get to your question during this session, we
          will follow up by email or listserv message.

          While the project team is pulling questions from the Q&A box for us to
          answer, we’ll go ahead and talk about some of the questions we’ve already
          received that we think most of you will be interested in:

          Prepared answers for the following questions are in the Word document.
          1. Can we delay implementation of eFiling?
                 a. The implementation of OFS is part of a large and complex project
                    plan to implement a new and modern case management system
                    for the CLJs and Probation Departments. Changes or modifications
                    to the plan and schedule will impact contractual obligations and
                    resource commitments. Therefore, the project will implement
                    eFiling for the courts as planned and scheduled. The use of OFS

Presented February 19, 2021                                                                 23
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

                    by the court, once implemented, is up to the court to decide. The
                    FAQ, Question #42 also addresses this.

         1. Can we opt out of eFiling?
               a. We’ve actually covered this in the FAQ as well…please refer to item #43…

         2. Can we get our own eFiling system?
                a. If your court chooses to use and maintain a separate electronic filing
                   system, it will not be integrated with the Odyssey case management
                   system. Integrating other systems into the new CMS is not within
                   the scope of the project, nor are the costs for individual court
                   integrations covered.

         3. To avoid charging our filers, can a court contract with the OFS vendor
            separately so that the court would pay the cost for eFiling?
               a. If a court is serious about this option, they should contact AOC for
                  further discussion.

         4. If we already have a document management system and Odyssey File &
            Serve doesn’t function as a DMS, how are we going to get eFiled
            documents into our existing DMS?
                a. You may need to work from two systems for a period of time, but the
                   project cannot integrate OFS into other document management
                   systems. The eFiled documents will be available for easy access
                   and viewing from the Judicial Access Browser System (JABS),
                   similar to the current eTickets. Courts can choose to manually move
                   their electronic files stored in File & Serve to an existing DMS your
                   court uses, like you can with eTickets, but this will create duplicate
                   files when we later convert your court documents into Odyssey’s
                   DMS.

         5. What will happen if we choose not to impose fees or waive all fees for users?
                a. That would violate the terms of the contract with the vendor. The
                   eFiling service and convenience fees have been contractually
                   agreed upon. The OFS system will not allow you to avoid imposing
                   fees. If a judge chooses to waive all fees for filers that will violate
                   the terms of the contract the state has with Tyler Technologies,
                   which may affect contract remedies or service to the CLJ courts.

Presented February 19, 2021                                                                  23
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

          • FAQs are available on the project website now and will be updated
            regularly. For those questions we weren’t able to address today, the
            Steering Committee and Project team will have those questions and
            answers added to the FAQ by the end of next week, as well as the
            recording of today’s webinar.

          • Information sessions intended for attorneys, judges, and court staff are
            open for registration and the first one is scheduled for next Friday,
            February 26th at 12:15pm.

          • Please support the project by attending these information sessions – you
            are not limited to attending the session designated for your locality’s
            Phase – you can register and attend more than one session that best suits
            your schedule. We will also record one of the webinars and make it
            available for viewing if you are not able to attend a live session.

          • A Model local rule to expected to distributed in late February.

Presented February 19, 2021                                                             24
CLJ‐CMS eFile Webinar ‐ Presented by the
Project Steering Committee

         • Our Pilot courts - Fircrest/Ruston Municipal, Gig Harbor Municipal, Pierce
           County District and Tacoma Municipal - are already engaged and working
           towards their go-live with eFiling.

         • The project team is currently contacting the court administrators for Phases
           1 to 6 to begin the set-up of eFile merchant accounts and establishing work
           flows.

         • We want to hear about any concerns or questions about implementing
           eFiling first. If you feel comfortable doing so, please send your thoughts to
           the project email at CLJCMSProject@courts.wa.gov so the Steering
           Committee can discuss them and be thoughtful about our next steps.

Presented February 19, 2021                                                                24
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