Court Technology Committee
Supreme Court, Bismarck
September 11th, 2015
Hon. Frank Racek, Judge – East Central Judicial District
Hon. Dan Crothers, Supreme Court Justice
Hon. William Herauf, Judge – Southwest Judicial District
Hon. Doug Mattson, Judge – Northwest Judicial District
Hon. Daniel Narum, Judge – Southeast Judicial District
Hon. Richard Geiger, Judge - Northeast Judicial District
Petra Hulm, Chief Deputy Clerk of Supreme Court
Kathy Ouren, Clerk of District Court – Cass County
Donna Wunderlich, District Court Administrator - Unit 3
Sally Holewa, State Court Administrator
Susan Hoffer, Clerk of District Court – Ward County
Lee Ann Barnhardt, Director of Education & Communication
Scott Johnson, Assistant State Court Administrator
Steve Burton, Tyler Technologies
Mike Hagburg, Staff Attorney
Chris Iverson, Assistant Court Administrator - Unit 2
Larry Zubke, Director of Technology
Cammie Schock, Business Analyst
The meeting was called to order by Chair Racek.
Approval of Minutes from June 19th, 2015 Meeting
Judge Herauf moved to approve the June 19th, 2015 meeting minutes. Justice Crothers seconded the motion and the motion carried.
Odyssey User Group update
Chris Iverson brought forth three issues for consideration from the User Group. The first issue is regarding a custom project to facilitate the transfer of clerk’s notes from Session Works to Odyssey. Currently, there is no functionality to automatically transfer the clerk’s notes from Session Works to Odyssey and the clerks manually retype all notes into Odyssey that were entered in Session Works. Alternatively, a long list of entries for each hearing can be printed and scanned in as individual documents but it is not convenient for either clerks or judges to access or review.
A sizing request was made to Tyler and they have indicated this project would take approximately 240 hours at $165/hr. or $39,600 to complete. The User Group requests the Court Technology Committee approve funding for this project.
Judge Mattson moved to approve the sizing request to automatically transfer notes from Session Works to Odyssey. Judge Herauf seconded the motion and the motion carried.
The second and third issues are related to changes to N.D.R.Ct. 3.5. There have been some concerns across the state with regard to the rejection of documents filed through File & Serve. Some of the concerns focus on inconsistency with rejection and the perceived lack of guidelines with regard to e-filing.
Part of the inconsistency with rejection stems from the fact that there is no rule or policy for clerks to rely on; there are only guidelines that were previously generated by the User Group which are published on the File & Serve log-in page.
By making the requested changes to Rule 3.5 (c)(3) this guideline would be published along with the Court Rules and would provide much-needed justification for clerks who must reject documents. The change includes modifications as follows:
N.D.R.Ct. 3.5 (c)(3)
If a A document submitted for electronic filing must comply with published guidelines (Appendix A). If is rejected, the time for filing is tolled from the time of submission to the time the e-mail generated by the Odyssey system notifying the filer of rejection is sent.
Since the guideline is currently being revised and will not be completed prior to the meeting, the User Group requests the rule change be moved forward with the understanding the guidelines will follow as soon as they are revised.
The third issue which is also related to changes to N.D.R.Ct. 3.5 involves providing notification to counsel when orders, judgments and notices are filed on cases. The Attorney Subscription Management feature (commonly referred to as Auto Notification) was developed some time ago by our own IT staff and has been working successfully. At least 400 attorneys are currently signed up for this service which is customizable by each individual attorney with regard to which filed documents they would like notice of and to which email address(es) that a notification is sent.
Although this service is available, clerks continue to mail and email notices to counsel as it is nearly impossible to remember which attorney is signed up to utilize the feature and which is not.
By making this change to section (e)(5), clerks will be able to discontinue the practice of mailing, emailing, or providing by general report, individual Orders, Judgments, and Notices as referenced in the Appendix. The change includes modifications as follows:
N.D.R.Ct. 3.5 (e)(5)
Orders, Judgments, and Notices issued by the Court are deemed served upon all counsel of record when filed. Counsel are required to use the Attorney Subscription Management System for Orders and Notices listed in Appendix B.
Chris also stated that she believes it may be worthwhile to also consider changes to N.D.R.Juv.P 7 which deals with service in Juvenile cases.
Judge Mattson moved to recommend referring the adjustments to Rule 3.5 along with metrics showing the numbers of orders, judgments, and notices to the Supreme Court. Justice Crothers seconded the motion and the motion carried.
Odyssey 2014.0.x install status for initial criminal e-filing
Larry reported that the tech department received the 2014 patch this week that includes the initial criminal e-filing functionality. We will begin working with CJIS and the Attorney General’s office to develop an interface once the patch is tested and installed. From the clerk’s perspective, the process will be slightly different in that they will review the initial criminal cases from within Odyssey rather than via File & Serve.
The Courts have also contracted with an additional person to aide in populating the Common Statute Table. The Courts are sharing the cost with CJIS and the Attorney General’s office.
Disaster Recovery site status
Larry reported that new disk and server equipment will be installed in the capitol this weekend. The production data will be moved from the old equipment to the new systems in the next few weeks. After which, work will begin on installing equipment in the disaster recovery site. Larry hopes that by the end of December we will be fully operational in replicating data to the disaster site. Additional testing will continue in 2016 along with regular scheduled disaster recovery tests.
New EMV credit card readers
Larry informed the group that the credit card industry is moving to new EMV credit card readers. This new style is more secure than the old. If the merchant taking the payment continues using the old style readers and there are fraudulent charges reported, the merchant will now be responsible for those charges rather than the financial institution. The Courts will need to budget for replacement of their old readers. The replacement costs are $756 per reader. To replace all 14 readers in use today statewide would cost approximately $10,584.
Justice Crothers moved to upgrade the credit card readers to meet modern standards at the cost of $10,584. Judge Mattson seconded the motion and the motion carried.
File & Serve – Public Portal Sub-committee
The Court recommended that the sub-committee be considered an advisory committee only and report directly to the Court Technology Committee. The charter will be modified to include these recommendations. Work will begin soon to appoint committee members.
For the Good of the Order
The meeting was adjourned by Judge Racek. The next meeting is scheduled for November 20th at 9:15am.