Electronic Filing System

Maine judiciary looks into electronic filing system

Maine's judicial branch is looking into what it would take to adopt an electronic filing system that would allow users to submit and view documents over the Internet.

The judiciary, which has heard from a number of legislators interested in moving toward electronic filing, will evaluate the options and costs and report its findings to the Legislature in the winter. Electronic filing is seen as a way to move cases through the system more efficiently, improve public access and potentially save money in the long term.

Maine Supreme Judicial Court Chief Justice Leigh Saufley said the start-up costs are large and maintenance costs would depend on the particular system – including whether users would pay. But she expects the judiciary to put together appropriate and frugal options.

"Everybody agrees the best thing for the public would be to have an electronic filing system," she said. "The problem is electronic filing costs a lot of money, as does any new technology system."

While most federal courts offer electronic filing, only five states have statewide systems.

Those states – Colorado, Delaware, Alabama, Utah and Nebraska – use electronic filing only for civil matters, according to James McMillan, principal court technology consultant with the National Center for State Courts, which will be working with the Maine judiciary.

Electronic filing for criminal matters is less common. There is no statewide system, although some cities and counties do offer the option, McMillan said.

For criminal matters, courts are concerned about security and, unlike civil cases, there's no opportunity to support the system financially though filing fees, McMillan said.

Rep. Kenneth Fredette, R-Newport, thinks electronic filing will eventually reduce courthouse staffing needs and save legal clients money.

Fredette, a lawyer who sponsored an electronic filing system bill, said electronic filing would be far more efficient for dealing with protection-from-abuse orders, for example. He said now, if a judge isn't present in a building, a clerk would have to call around to find one and documents would have to be faxed back and forth.

Fredette's bill was removed from consideration, but language was put in the state budget that directs the judicial branch to study the issue and report back to the Legislature's Judiciary Committee, he said.

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