Tenth Circuit Moves To Electronic Filing
A General Order
from the Tenth Circuit (March 18, 2009) marks the Circuit's move to electronic filing. " On March 31, 2009, the United States Court of Appeals for the Tenth Circuit will transition to voluntary ECF. On June 1, 2009, ECF will become mandatory for counsel of record." CBTs (Computer Based Training modules) for Tenth Circuit e-filing can be found at: http://www.ca10.uscourts.gov/clerk/ecf_training.php
. A User's Manual, training registration and other materials are available on the court's website. http://www.ck10.uscourts.gov/
Progress has been remarkable. The bar has already docketed and uploaded 313 documents.
District Courts have already begun transmitting an electronic record on appeal (ROA). In 2007 the court received approximately 900 hardcopy ROAs. In 2008, 585 electronic ROAs and 413 hardcopy were filed. As of April 2009, 303 electronic and only 59 hardcopy ROAs were filed. The majority of the 59 hardcopy ROAs are habeas pro se matters.
In response to recent concerns about personal data appearing in court filings, the courts have modified the login pages of CM/ECF to "display a message to remind filing attorneys of their obligation to redact personalidentifiers."
A recent letter from Senator Lieberman
to the Committee on Rules of Practice and Procedure asked the courts to review their processes:
I have concerns that not enough has been done to protect personal information contained in publicly available court filings, potentially violating another provision of the E-Government Act. A recent investigation by Carl Malamud of the non-profit Public.Resource.org found numerous examples of personal data not being redacted in these records.
The court policy
states that the redaction responsibilities for filed documents rest with the filer. The courts' official response to Senator Lieberman's letter outlined the complexity of the privacy issue in court records, and restated the courts' committment to educating lawyers about the need for privacy redactions. The notice in CM/ECF is designed to remind filers of their responsibilities.
Wait a Minute Mr. Postman!
The court has received a rush of replies to CM/ECF Notices of Electronic Filing. Like movie stars, we don't reply to our e-mail, but we wonder what happens when these messages are not received by intended recipients. (click an image to see a larger version.)