My Two Cents – One Step Forward, Two Steps Backwards . . . Court On-line Electronic Filing Systems Need to be Universally Accessible Across OS Platforms.

The courts, agencies, and administrative bodies made it easier for lawyers and the public to file applications, documents, and pleadings on the internet. Many early court electronic filing access required JAVA to bridge the court filing system and the public's access to file documents. The problem early on was JAVA.

Are Courts Falling Behind by Not Keeping Their Electronic Filing Software Up to Date?

JAVA is "a programming language and computing platform first released by Sun Microsystems in 1995." The problem with JAVA has been, IMHO, insecure, i.e., prone to malware and hackers. This has required numerous versions to be released over the years. While it's good for the user to know that computer companies are actively maintaining their software, it can cause grief for a user when they need to make sure their software is up to update and is usable; especially when they are dealing with midnight deadlines. JAVA "works" on Windows machines and does not work as well on Macs. It was always an adventure to get JAVA to work on my Mac, and it can still be an adventure even on Windows. There has been some good news over the recent years.

Courts have been moving toward HTML programing language, the language that programs internet pages, to create and run their online court filing systems. The good news is that this removes the need for JAVA and allows any computer, regardless of platform, Windows, Mac, Linux, etc., to access and file in the court's filing system. The bad news is that not all courts are up to speed.

In the past, I have always had a problem with one particular court – it still requires JAVA in order to file documents. My problem has been getting JAVA to work on my Mac. There were some workarounds. But always annoying when you have to update JAVA (although still a pain on Windows, but usually not as much). There is another option to file documents (aside from running down to the court) should you have problems at the last minute. But you don't want to be panicking at the last minute because a program is not working right as you are trying to file something the "correct" way. While all of this is a pain (and not the focus of my opinion piece), it sets the stage for the subject of this posting.

The Antiquated Ways of Filing Need to be both Modernized and Prospective of the Future.

I've recently had an uptick in cases in a particular court (most of my work is before administrative agencies). This has required me to use the court's "antiquated" JAVA filing system. After frustratingly trying to get their JAVA to work on my Mac, I used the alternative means of filing with the court. After several of these filings, I got a little push back from the clerk about using this means for filing (albeit permitted on the court's website). I contacted the court's tech people and asked for some assistance. Their website had said for many years that their filing system worked both on Macs and Windows – interestingly, it referenced a much older version of JAVA being compatible with its site. A couple of months later, I received an e-mail from the court announcing that it would no longer support Macs … huh?

This court went from supporting both Windows and Macs for many years to just supporting Windows? Are Mac users who based their practice in this area of law on Apple computers just supposed to switch their way of practice or buy a new Windows machine for the sole purpose of filing with this one court? This seems incredibly shortsighted. More concerning is that the court is apparently not moving to improve its electronic filing system; it just keeps using an, IMHO, outside system.

Lawyers are supposed to be diligent in their use of technology in their practice of law. This includes being up to date with new technology and not using outdated systems that may be prone to unscrupulous individuals. You would think courts would be held to the same standard?