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Appellate record to be accessible electronically in 2nd District cases from DeKalb and McHenry counties

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[June 05, 2012]  CHICAGO -- Chief Justice Thomas L. Kilbride and the Illinois Supreme Court announced Thursday that two counties in the 2nd Judicial District will be added to a pilot project allowing electronic filing of the trial record on appeal.

The Supreme Court order authorized the Illinois Appellate Court in the 2nd Judicial District to begin an e-project that will allow attorneys, parties and appellate justices to view, access and work electronically from the official record of cases on appeal from DeKalb and McHenry counties for appeals filed after Aug. 1.

DeKalb and McHenry will join DuPage and Ogle counties in the 2nd Judicial District to electronically transfer the official court record of cases on appeal. Other Illinois counties in the pilot project are Clinton County in the 5th Judicial District, Rock Island County in the 3rd Judicial District and Adams County in the 4th Judicial District.

In addition, the court announced in January a pilot project for the electronic filing of motions, briefs and related documents with the Illinois Supreme Court clerk's office. That project involves the Illinois attorney general, the state appellate defender's office and the office of the Illinois state's attorneys appellate prosecutor.

Kilbride has said making the records on appeal available electronically will bring the courts closer to eventually making e-business universal throughout the Illinois court system. Since becoming chief justice in October 2010, Kilbride has pledged to make Illinois court operations more efficient by implementing improvements in technology.

"With the addition of two counties in this pilot project, this step forward in developing and implementing e-business applications in the court system is yet another gain toward friendly, efficient and cost-effective court operations," Kilbride said.

The pilot project is effective immediately. It is a joint effort between the appellate court, the clerk of the 2nd Judicial District, and the DeKalb and McHenry County circuit clerks.

"I am thrilled that, under Chief Justice Kilbride’s leadership, the Supreme Court has moved quickly and effectively toward the development and implementation of e-filing," said Justice Robert R. Thomas, whose 2nd Judicial District includes DeKalb, DuPage, McHenry and Ogle counties.

"The programs perfected in these four counties will pave the way for e-filing across the state, and will ensure that the justice system operates more efficiently for all the people of Illinois."

DuPage County was the first pilot project selected for e-filing in Illinois in 2005, and the vast majority of all civil filings in the county are made electronically, said Appellate Justice Ann Jorgensen, formerly chief circuit judge in DuPage County and now presiding justice of the 2nd District Appellate Court.

"We're delighted to have Circuit Clerks Katherine M. Keefe from McHenry County and Maureen A. Josh from DeKalb County join DuPage and Ogle counties in transmitting records on appeal electronically to the 2nd District," Jorgensen said.

"We see this as another step in the Supreme Court's initiative to automating the courts of review."

Appellate Court Clerk Robert Mangan of the 2nd Judicial District said that with the expansion of the electronic filing of the trial record in the district, attorneys who practice in many jurisdictions within the district will find their work much easier.

"For the practitioner in the western part of the 2nd District, the electronic filing of the trial record will ease their caseload and will find appellate work much, much easier than hauling around the record manually," Mangan said.

"This means more cost-efficiency for the client, more effective work from the lawyers and the court to operate more efficiently."

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Josh, the circuit clerk in DeKalb County, is honored that the county was chosen to be a part of this project.

"DeKalb County is very grateful for the opportunity to have been selected for this very important project," Josh said. "The e-appeal filing project will open the door for another positive and progressive technology used in the court system.

"We continue to look for ways to use our resources wisely and serve the citizens of our county. The leadership of Justice Ann Jorgensen, appellate court justice of the 2nd District, assures us that this will be a successful project."

Keefe, the circuit clerk in McHenry County, said that savings would be obtained through streamlining the appeals process.

"We are very excited to be selected for inclusion in the 2nd District Appellate Court’s pilot e-filing project," Keefe said. "Not only will this program allow for more timely administration of the appeal process, it will ultimately save McHenry County tax dollars by streamlining our appeal preparation.

"It is a cost-effective solution for attorneys and their clients, plus it will allow the circuit clerk and the court to operate more efficiently."

The pilot programs allow attorneys, parties and appellate justices to electronically view, access and work from the official record of cases on appeal in DeKalb and McHenry counties. However, the paper record will continue to be available to parties who would rather use it.

The accessible electronic record will include transcripts of the trial and associated hearings, motions, other pleadings and documents. It will exclude physical evidence such as weapons, clothing and the like.

Currently, once a notice of appeal is filed, the official record of the case is physically transported to the attorney of record on one side of the case. When that attorney concludes the filing of the necessary motions and briefs, the record is then physically transported to the attorney on the other side of the case. If additional briefs are required, the record is transported back and forth between the attorneys. After the case is argued in the appellate court, the record resides with the appellate justice assigned to write the opinion. The two other justices hearing the case may request the record as well, but it must be physically transported from the justice in possession to the justice who requests possession.

The pilot projects make the physical transfer of the record unnecessary and remove the cost of repeatedly transporting the record back and forth from the district clerk's office. They provide a stream of efficiency in preparing and working on appeals, which benefits not only the lawyers and the court, but the clients being served and taxpayers who fund the courts.

Under the 2nd District pilot project, a paper record pursuant to Supreme Court rules will remain with the clerk and be accessible from the clerk, but a mirror record will be produced electronically with identical pagination.

Attorneys who file appearances in the case, as well as all the justices in the 2nd District and the parties, must register with I2File.net to obtain access to the electronic record.

The parties, attorneys for a party, approved court personnel and justices of the 2nd District will have the ability to search, bookmark and make notes on their individual copy of the electronic record. Any markings or notations made by a user on the electronic record are secure and are unique to that user's copy. No user will be able to view or access another user's copy. The 2nd District clerk will retain a copy of the electronic record.

The electronic record will be in a format that supports searchable text, both word and phrase. Once a mandate issues in an appellate case, access to the electronic record will be terminated.

[Text from file received from the Illinois Supreme Court]

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