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Hickey: A change to E-pplaud

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The Indianapolis Bar Association's President's Column:


Who says that hard work and persistence don't pay off? Well before the E-Trade talking baby commercials, our local judges were exerting their energy in formulating the framework of a plan to bring efficiencies to court filings. For those of you that have the pleasure of electronic filing in federal court or asbestos cases, you understand the benefits that come with the paperless push. Not so in the Marion Circuit and Superior Courts.

While federal court electronic filing has been around for well over a decade, our state courts have continued to withstand the deluge of legal filings and manual pushing of paper, nearly buckling under the mountain of it. As filings and caseloads have increased, so have the burdens beneath it. One must only look in the courtrooms to get a sense of the need for some E- innovation. It is, finally, here.

Through the concerted efforts of many of our jurists over many years, as well as the IT Director, Marion County Court Administrator and Clerk, the Marion County Circuit and Superior Courts Electronic Filing Pilot Project was approved by the Supreme Court, Division of State Court Administration, earlier this year. Local rules relating to electronic filing have been adopted and the Plan and Rules can be found at www.in.gov/judiciary/marion/docs/efiling021910.pdf.

Through this pilot project, E-filing will become a reality on May 17, 2010, for civil collections (CC) and mortgage foreclosure (MF) cases on a voluntary basis. LexisNexis is the third-party vendor who will bring to our local courts the File and Serve tested technology already being used in other courts throughout the country. Although the types of cases are initially limited, the hope is that the success of this program will lead to expansion in other areas, both substantively and geographically.

While some may look at change with trepidation, use of technology to improve the courts will in our lifetime be the legal standard across the nation. In addition to the "green-ness" of crawling out of the paper-age, there exist a whole host of other benefits that come with E-filing. Those were the subject of an article in the ABA Journal several years ago. Everything from improving efficiency and accessibility to cost-savings were cited as direct benefits of converting filings from paper to digital. Once over the initial "hump," E-filing is heralded as a money-saver in the long run. The article also highlights the added benefit of extended filing hours for procrastinating attorneys.

Without sounding like a commercial, the File and Serve site all but makes the case to opt-in for CC and MF cases. Benefits include: improving access to documents and maximizing resources; improving litigation support and gaining added control over case file management; filing and serving with greater ease; monitoring case activity with monitoring tools; and real time access to publicly-available court documents.

Of course, big change never comes without the discomfort of newness. A successful program starts with good training. With that, enter the Bar. The IBA E-Filing Task Force was created to assist in implementation of this project for the benefit of our members. In addition to recent Bar-hosted presentations on E-filing, training sessions in preparation for the project launch will be hosted at the IBA offices in early May. The sessions will be offered over several days and will include detailed demonstrations from LexisNexis representatives on the use of the File and Serve system. Look for additional information in upcoming issues of the E-Bulletin and special notices regarding reserving your spot.

That this project coming to fruition is something to celebrate is an understatement. It represents the hard work and dedication of persistent leaders in our legal community over many years. It is welcome change in the right direction.

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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