Pros and Cons were submitted for this vote. Please see attachment document.
MCLUG MAJORITY OPINION, ITG-003, Imaging and Viewing of Court Documents
The motion was to forward the MCLUG's scoring and approval of the request to the JISC.
Substantive Reasons to Move the Request Forward to the JISC for Approval:
1.) Providing cross jurisdiction access to imaged court documents is essential to enable the Superior Courts to meet the legislative mandate of RCW 28.09.182 to determine the existence of any information and court proceedings relevant to the placement of children in family law proceedings.
2.) All trial courts are mandated by RCW 26.50.160 to prevent the issuance of competing protection orders in different courts. JIS is mandated by this statute to provide information on the parties to all protection orders, a criminal history of the parties and other relevant information necessary to assist court in issuing orders . Judges believe that viewing the actual court documents requested is relevant information necessary to fulfilling their responsibilities under Chapter 26.50.RCW.
3.) Lack of access to the actual court documents from other jurisdictions is impeding the ability of judges to make informed decisions on placement of children and issuance of protective orders.
4.) AOC has proposed an appropriate cost effective solution to accomplish this request as an upgrade to JABS by providing a hub to access imaged documents from the various jurisdictions.
N.F. Jackson, Whatcom County Court Administrator
MCLUG MINORITY OPINION, ITG-003, Imaging and Viewing of Court Documents
The motion was to forward the MCLUG's scoring and approval of the request to the JISC.
While I had earlier declined to vote for a motion to table the request without discussing the request, I voted against forwarding the request as-is.
Procedural Reasons:
My reason for voting against forwarding the request was because I believed and still believe that there are a number of unknown matters relevant to the MCLUG's assessment of the request. I think it the job of a CLUG to make informed and substantially complete recommendations. I think that a CLUG is abdicating its duty if it passes the buck, by forwarding incomplete recommendations.
There was a perception that once the request hit the MCLUG's table it had to be acted upon immediately. I disagree with that perception and feel instead that the job of a CLUG, if it discerns gaps or alternatives, is to delay a recommendation in order to seek additional assessment or input in order to make its best recommendation.
Substantive Reasons:
Specifically, at first there were unidentified concerns expressed by the Clerks. Later there was an oral report of a survey of imaging vendors reciting this or that. I am not comfortable performing my MCLUG duties based on hearsay. It was said that not only vendor costs might be incurred, but that Clerk costs might be incurred.
I doubt the efficacy of untoward vendor costs, because our court was part of an AOC demo five or six years ago that accomplished exactly the same display of documents as described in the request, without any consultation with our vendor, merely by the county granting online access to the AOC to search for documents images. However, if an imaging county does not have online access, this could involve local costs.
Likewise I doubt the cost or burden on Clerks. The Clerk labor is in docketing, scanning and linking the docket and the images. The access to the thus docket/scanned/linked images is hands-free on the Clerk's part.
BUT, these questions must be asked and answered before we can or should forward an informed recommendation.
Pat Swartos, Mason County Clerk
MCLUG MINORITY OPINION, ITG-003, Imaging and Viewing of Court Documents
The motion was to forward the MCLUG's scoring and approval of the request to the JISC.
Cons to approving the request:
1) The WSACC need more information & discussion on this project in order for it to go forward.
2) More information is needed from all the vendors on how the process will work with each Imaging System.
3) The estimated cost of this is low. The cost will be considerably higher.
4) There will be costs to the County offices (Clerks & IS department).
5) Concern that sharing of images will expand beyond Judges and staff. Anyone or agency beyond that should not be able to provide links to the public to access these records without paying a subscription. They should not be allowed to make copies with out this.
6) Most of the Clerks now provide access to their local Judges to view the document images.
7) The majority of CLJ courts do not have imaging, and their Domestic Violence and Anti-Harassment Orders will not be available to view with this project. State-Wide Protection Order are processed in both court levels.
Additional Information from Siri Woods, Chelan County Clerk
This request is more complex than it appears. The way this could logically be done is for clerks to upload orders that are in JABS and for AOC to convert them to one format and attach them to the name of the document in JABS.
Counties would have to have WEB servers on their imaging systems and most do not and every one would require a seat so it would be necessary for AOC to at least purchase one seat on each WEB SERVER. There be a big question about confidential documents being accessible. I don't think clerks would allow that except on specific request. That is how I do it now on my system. I allow attorneys or the press or whomever purchases a seat on my system to subscribe. Access is only to public documents. If a confidential document is required, the attorney of record or counsel who represent the party who is entitled to access, will be send the document by staff. There is no right to access from other counties, they too would have to purchase a subscription.
Again, this could only be done by the few counties who have public access currently or who are able and willing to purchased web servers to give access to others outside of their county.
That is why I think the upload would be a better way to go. Counties currently upload J&Ss and Support orders all the time and the State offices of Support Enforcement and Corrections make them available to their people.
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