Center for Transparency & Privacy (AND Security)
Critically examining the inalienable rights of individuals and the legitimate interests of society.
The judiciary committee of the legislature will hold a work session on LD 1759: An Act Regarding the Electronic Data and Court Records Filed in the Electronic Case Management System of the Supreme Judicial Court.
Work Session scheduled for January 23, 2020 at 1:00 p.m.
For More Information see post from May 2019 and the link below:
http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=1759&PID=1456&snum=129&sec3
At its winter bar meeting on January 31, 2020, the Maine State Bar Association will hold a presentation with the representative of the Maine judicial branch and its vendor Tyler Technologies to showcase the new e-filng system. The new system is expected to roll out one region at a time beginning in the bangor region in fall 2020.
For More information about the sessions or to register please visit the Maine State Bar Association website at https://mainebar.org/event/2020
The SJC has issued Draft Court Records Access Rules for review by Court Committees. It is expected that a draft set of rules will be issued in early 2020 and a public comment period (maybe public hearings) will be set.
The Maine Judicial Branch has created a new civil process in an effort to have cases move more quickly through the system. Although the rules are interesting, there is nothing in them related to the electronic record keeping or storage of information.
Draft rules can be found on the Maine Judicial Branch website.
Comments on these rules are due by December 13, 2019
The Court Operations Legal Process Manager (LPM) … will focus on making public court records accessible to the public under the framework in Statutes, Court Rules, and Administrative Orders, while at the same time protecting the security of non-public records. This position will work closely with the Supreme Judicial Court, Judges, Justices, and attorneys throughout the State and requires the ability to effectively communicate with a variety of stakeholders. The LPM will also be responsible for developing an accessible and user-friendly on-line system for filing documents in the new eFiling system, including the development of the on-line questions, the answers to which will be used to effectuate e-filing. The LPM’s initial priorities will be to assure that the electronic filing system is easily accessible to unrepresented litigants as well as attorneys and others.
Additionally, the LPM, along with the Director of Court Operations will develop and maintain outreach to state legal service providers, including the Maine Bar, and organizations such as Pine Tree Legal Association, Legal Services for the Elderly, and others for training and information related to e-filing for both the public and attorneys. The LPM, along with the Court Operations team may perform analysis of court filings, processes, and docketing practices; conduct research on systems in other states; and document and recommend process and configuration improvements.
This posting will remain open until filled. Cover letter, on-line application and resume required. https://careers.mainebar.org/jobs/function/court-administration/
A recent article in the Summer 2019 Maine Bar Journal summarizes Maine’s efforts to transition to a digital court record system and encourages Maine lawyer’s to get involved..
E-filing: It’s a Big Deal, Vol. 43 No. 3 M.B.J . 127-132 (Summer 2019) can be found on the Maine State Bar Association’s website:
https://cdn.ymaws.com/www.mainebar.org/resource/resmgr/barjournals/MBJ_Summer_2019_Final.pdf
” As a profession, it is imperative that we work to ensure the availability of meaningful access to justice for all. Moving from a paper-based court system to an electronic one will revolutionize the way courts provide service to the public; however, certain populations will not realize the benefits of a new system without special attention to their needs.”
43 No. 3 M.B.J. at 129
Our work will continue to center on digital court records access.
Continuing in its work toward a digital case management system, the Maine Supreme Judicial Court established a second major stakeholder groups, hosted two public comment periods at the end of 2017, held a public hearing in 2018, solicited additional public comment periods in 2019.
Following up on the work of the Task Force on Electronic Court Record Access (2004-2005) and interim working groups, the Task Force on Transparency and Privacy (TAP) of Court Records studied the issues, gathered information, heard from stakeholders, and made recommendations to the Supreme Judicial Court.
A copy of the Task Force on Transparency and Privacy (TAP) of Court Records without appendices that issued on September 30, 2017 can be found at the link below:
https://drive.google.com/file/d/1hHc_p_GQ8a-9aTV7rjpL4yigdIj9s39y/view?usp=sharing
Digital Court Records
Moderator: Sigmund D. Schutz, Esq., Preti Flaherty; Panelists: Peter J. Guffin, Esq., Pierce Atwood LLP, Judith Meyer, Sun Journal, Robert E. Mittel, Esq., Mittel Asen LLC, Laura M. O’Hanlon, Esq., Bath Iron Works. Summer Bar Meeting; June 20, 2019.
Transparency and Privacy: Court Records and E-Filing in Maine
Moderator: Laura M. O’Hanlon, Esq., Bath Iron Works; Panelists: Peter J. Guffin, Esq., Pierce Atwood LLP, Lucia Chomeau Hunt, Esq., Pine Tree Legal Assistance, Sigmund D. Schutz, Esq., Preti Flaherty. Summer Bar Meeting; June 22, 2018.
Beyond Ethics – Privacy, Cybersecurity and Data Breach Notification Laws Affecting Lawyers
Peter J. Guffin, Esq., Pierce Atwood LLP, Laura M. O’Hanlon, Esq., Maine Judicial Branch. Maine State Bar Association CLE; November 28, 2017.
