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Highlands Today

Is Electronic Court Filing In The County's Judicial Future?

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By Dan  Fearson | Highlands Today

Published: October 14, 2007

How do you adapt to technology while maintaining privacy?

"People are just now discovering the amount of information that they can obtain about their opponents during the litigation process," said Judge Ralph Artigliere, of the Tenth Judicial Circuit Court.
Artigliere gave a two-hour presentation to local judges and attorneys Friday afternoon at the Highlands County Courthouse on issues involving the storage of electronic information and its future in the judicial process.

"The negatives of the electronic process seem like they could be scary," said Judge Anthony L. Ritenour.

Electronic filing could wind up being the future of court filing.

But a few courthouse officials have expressed concerns over its use, and the fact that personal information like Social Security and bank account numbers, as well as medical history could be obtained by outsiders.

Artigliere discussed the issues associated with what could be the future of court filing.
"I try to inform people not to put personal information in court files unless it's necessary," said Artigliere. "Sometimes you can't avoid it, but I encourage parties to work out those issues outside of the courtroom."

"The use of electronic filing doesn't have anything to do with giving everyone access," said Artigliere. "The reason why it's becoming the norm is because it gives clerks and courthouse officials an easier way to attain information."

Instead of digging through paperwork and files, which can take a tremendous amount of time, court officials would be able to electronically lookup data.

The Highlands County Courthouse Web site already has an electronic search for official court records, which can be accessed by the public, but some records are only available if you visit the courthouse.
"It doesn't make any sense for court systems to be the last government entity not to go the way of the electronic mode," said Artigliere, who said the reason for his presentation was to educate the court officials.

Artigliere also spoke about electronic discovery, or eDiscovery. In a typical civil suit, discovery is a term used to describe documents and evidence gathered through subpoenas. eDiscovery is electronic data, such as e-mails, instant messages and personal files that can be stored electronically, which can be used in court cases.

The judge spoke about the issues facing lawyers now when it comes to obtaining electronic information requested for a pending case and understanding lawyer responsibilities when representing someone involved in a suit that involves eDiscovery.

Artigliere's visit was sponsored by the Florida Bar Association.

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