Saturday, November 11, 2017

1. CHIEF JUSTICE GILDEA IS THE LEADER WE NEED!

Lorie Skjerven Gildea became Minnesota's fourth Chief Justice in five years in 2010.  She succeeded Eric Magnuson j(2010), Russell Anderson (2008), and Kathleen Blatz (2006).  We needed stability.

Lorie Skjerven Gildea became Minnesota's only Chief Justice born in the Space Age.  Fourteen of her 21 predecessors were born before 1899.  Only her three immediate predecessors were born after 1928.  We needed a commitment to bringing technology, efficiency, and effectiveness to our courts,

Lorie Skjerven Gildea became Minnesota's Chief Justice at a time when we needed to improve service and access to justice to veterans, the challenged, rural communities, and underserved communities of citizens.  We needed a leader who would guide greater access to the courts.

So Minnesota needed Lorie Skjerven Gildea to bring stability to the office of Chief Justice with a commitment to the future of the Judicial Branch and a dedication to:

  • the rule of law,
  • equal access to justice,
  • the protection of individual rights,
  • the reliability of the social contract,
  • the separation of powers, and
  • the faith that people could place in their courts.

Minnesota also needed Lorie Skjerven Gildea to yank our court system into the modern era. 

  • We needed to move from paper files and carbon copies to computers and the cloud. 
  • We needed to change systems to make our judiciary was more effective and efficient. 
  • We needed to make our courts more responsive to under-served communities. 
  • We needed to secure adequate court funds after years of stagnation.

As is discussed below, Lorie Skjerven Gildea has worked hard and well to deliver on those commitments.

This blog is dedicated to showing the factual basis of the efforts of Lorie Skjerven Gildea on technology, problem-solving courts, and improving service and access to underserved individuals and communities of people.

From posts 2 to 7, there are discussions of her work to lead the electronic revolution and savings in the Minnesota Judicial Branch.

From posts 8 to 14, there are discussions of her leadership on "Problem Solving Courts" or "Treatment Courts" that have saved hundreds of lives and millions of taxpayer dollars.

From posts 15 to 25, there are discussions of her efforts to improve equal access to justice for people and groups who have been underserved by the court system.

Thank you for considering these materials.  It is hoped that you will find this data to be useful.

2. A DECISIVE LEADER ON TECHNOLOGY AND SAVINGS!

From the close of the territorial courts in 1858 until Chief Justice Lorie Skjerven Gildea started work in 2010, the Minnesota judicial system was paper-based and shrouded in mystery.

If you wanted to know what judges, juries, prosecutors, and opposing counsel were doing, you had to travel to the county courthouses or the Supreme Court in St. Paul to read the hard copies of court filings in the dimly-lit offices of the court clerks during business hours.

That has changed in the past seven years, as Chief Justice Lorie Skjerven Gildea has:

  • led all judges, lawyers, and court staffers to learn to use computers;
  • given all citizens access to virtually all court filings and rulings on the internet;
  • made it possible to pay most traffic tickets and civil citations by computer or telephone;
  • provided regular citizens with tools to resolve simple court disputes without a lawyer;
  • increased transparency by televising all Supreme Court hearings;
  • allowed trial judges latitude to allow cameras in their court rooms; and
  • increased computer accessibility in court houses.
The details are in the next five posts.

3. The "E-Court" Revolution on 2012-2017.

THE E-COURT REVOLUTION

1.  On January 20, 2012, Chief Justice Lorie Skjerven Gildea persuaded the Judicial Council (a panel of senior judges from around the state who set policies for the judicial branch to approve the E-Court MN initiative to make virtually all court filings and rulings available on the Internet within five years.  See here

  • "The Judicial Council voted to move state courts from a framework of paper files to an electronic information environment. The E-Court MN strategic initiative will result in increased productivity for judges and court staff, and ensure convenient, timely, and appropriate access to court information for court users."

  • “The E-Court MN initiative will result in significant benefits for judges, court employees, attorneys, and most importantly, the hundreds of thousands of people we serve each year,” said Chief Justice Lorie S. Gildea. “It is often said that everybody likes progress, but nobody likes change.  However, the public we serve deserves the most cost-efficient and user-focused judicial system that we can provide, one that is more in tune with the high-tech world in which we live,” said Gildea.   

  • The plan approved by the Judicial Council envisions a multi-year transition to an electronic environment that, among other innovations, includes digital imaging of past case files and electronic filing (e-filing) of new cases.

  • The first phase of the initiative calls for 10 courts to be selected as pilot sites. Over the past year the Second Judicial District Court (Ramsey County) and the Fourth Judicial District Court (Hennepin County) have been operating a pilot project that allows for the voluntary e-filing of civil cases, and Dakota County District Court has been operating a pilot project to convert paper case files to digital images.

The scope of the initiative includes the following components:
  •      E-Filing (including e-Citations and e-Charging)
  •      Electronic document management, including document imaging
  •      SessionWorks for judges (a touch screen desktop tool for judges to view case records)
  •      Electronic transmission of cases to the appellate courts
  •      E-Tools (eSignature, eNoticing, eCertification, and other tools that allow for electronic processing of orders)

  • “The E-CourtMN initiative will be the most comprehensive reengineering effort yet undertaken by the Minnesota Judicial Branch,” said State Court Administrator Sue K. Dosal, who was charged by the Council with overseeing the initiative.  “Our past successes like the creation of the Minnesota Court Information System (MNCIS) and the Minnesota Court Payment Center (CPC) demonstrate that we are up to this new task,” Dosal said.  The Council directed Dosal to return in six months with a progress report."

2.  On March 22, 2012, the Judicial Branch selected the first nine counties to transfer almost all court filings and records to an electronic format with accessibility to the public. See here.



  • "They include district courts in Cass, Clay, Cook, Dakota, Faribault, Kandiyohi, Lake, Morrison, and Washington counties.  Courts in the Second Judicial District (Ramsey County) and the Fourth Judicial District (Hennepin County) have already been operating a pilot project that allows for the voluntary e-filing of civil cases."

3.  On June 7, 2012, the original pilot programs in Hennepin County (Minneapolis) and Ramsey County (St. Paul) became mandatory to transfer almost all court filings and records to an electronic format with accessibility to the public. See here.

  • "Following the success of the pilot, the Minnesota Supreme Court has approved rule changes that will make eFiling and eService of civil cases in Hennepin County and Ramsey County district courts, including family but not probate/mental health and conciliation court cases, mandatory for attorneys and government entities beginning September 1, 2012."  The first electronic filing was made as a test on October 25, 2010 in Hennepin County.

4.  On September 18, 2012, the Judicial Branch announced that full training on-line for filing and accessing most court filings and records would begin on October 1.  See here.


  • "Any attorney licensed in Minnesota and staff who will be e-Filing and e-Serving court documents at any time in the future in Minnesota district courts may wish to register now for live online training sessions to be offered twice weekly starting Oct. 1, 2012.  The sessions are for all attorneys and their staff, regardless of whether their local court currently offers eFile and eServe. The sessions will last approximately 90 minutes, with time allowed for questions after the presentation.  Attorneys and their staff can participate in the sessions from any computer. Training is provided online through WebEx, and users will be sent instructions on how to set up their computer for the training upon registration."


5.  On October 3, 2012, the Judicial Branch announced that the courts in Washington County (eastern suburbs) would transfer almost all court filings and records to an electronic format with accessibility to the public. See here.


  • "E-Filing and E-Service are two components of the eCourtMN initiative being implemented throughout Minnesota, which will move state courts from a framework of paper file management to an electronic information environment. This initiative, which displays the Judicial Branch’s commitment to provide business solutions in the most effective and efficient manner possible, will result in significant benefits for public and private attorneys, stakeholders, the hundreds of thousands of people served each year, judges, and court employees."

6.  On November 5, 2012, the Judicial Branch announced that the courts in Dakota County (southern suburbs) would transfer almost all court filings and records to an electronic format with accessibility to the public. See here.


  • "E-Service provides the opportunity to electronically serve registered parties and eliminate U.S. mail costs.  Not only will eFiling and eService benefit attorneys, it will also allow judges and court staff to view and work with the most up-to-date case documents from anywhere, even when someone else is viewing the case file."  

7.  On December 6, 2012, the Judicial Branch announced the opening of an E-Court Support Center to provide fast answers and assistance to citizens, lawyers, judges, staff, and local governments on how to use the system.  See here.

  • "Attorneys, legal administrators, and government agencies seeking to eFile case documents in district courts or serve parties electronically can now get help over the phone or via eMail through the new, centralized MN eFile Support Center. While Support Center staff cannot provide legal advice, advise callers on their rights, interpret law, or comment regarding court rulings, they can assist attorneys and law firm and government agency staff in the use of the Judicial Branch’s electronic filing tool."

8.  On July 5, 2013, the Hennepin County Courts became the first judicial district to offer a one-stop shop for citizens seeking any court records from the county at one site.  See here.
  • "The public may look up all civil, conciliation, criminal, housing and probate/mental health case information occurring in Hennepin County."

9.  On May 2, 2014, the Judicial Branch announced that virtually all records of all active cases from any county would be available at all 101 court houses in all 87 counties in the state.  See here.

  • "Members of the public are now able to view case documents on public access terminals in all Minnesota state courthouses, regardless of which district court the documents were filed in.  District courts are currently converting documents in all active cases to digital images. The images are stored in the Minnesota Court Information System (MNCIS), which is accessible through the courthouse terminals. Confidential and sealed case documents are not available through this new service. The effort is part of the Judicial Branch’s eCourtMN Initiative."


10.  On September 1, 2015, the Judicial Branch announced that all records from all appellate courts were available electronically at every courthouse in the state.  See here.

11.  On December 15, 2015, the Judicial Branch announced that e-filing was available in all 87 Minnesota counties.  See here.
  • "Our transition to electronic case records has been rightly called the largest transformation in the 150-year history of Minnesota’s Judicial Branch,” said Minnesota Supreme Court Chief Justice Lorie S. Gildea.


  • “Through eCourtMN, we are producing new efficiencies in our justice system, making it easier for our users to complete their business with the courts, and expanding on-demand access to information for the public and our justice partners. Making eFiling and eService available across the state is a huge step in this transformation, and we’re pleased to be offering this valuable service to all our customers.”

12.  On July 1, 2016, e-filing became mandatory state-wide for all attorney, public agencies, sheriffs, law enforcement agencies, and guardians ad litem.  People who were representing themselves were allowed to file on paper, until the first time they filed electronically.  See here.

  • The transition to electronic filing and service is part of the Minnesota Judicial Branch’s eCourtMN initiative, which has transformed the state’s court system by replacing paper-based court files with an electronic information environment. Minnesota Supreme Court Chief Justice Lorie S. Gildea has called eCourtMN 'the largest transformation in the 150-year history of Minnesota’s Judicial Branch.' The goal of the initiative has been to make the state’s court system more accessible, more efficient, and more convenient for court customers."

13.  On April 10, 2017. the Judicial Branch unveiled new dashboards to allow the public to look at case filings in the state's trial courts.  See here.

  
You can track the case loads state-wide and for each county over the past five years by categories such as family law, juvenile, major civil, minor civil, major criminal, minor criminal, probate and mental health.  See here.

14.  RECOGNITION OF THE INNOVATION OF THE E-COURT SYSTEM:  The E-Court revolution in the Minnesota Courts has been recognized for its innovation.  See here and here.




4. Paying your Citations and Tickets by Phone.

THE CENTRALIZED PAYMENT CENTER

SAVING YOU ON FUSS:  In 2016, the Minnesota Judicial Branch completed a multi-year project to centralize the processing of citations and traffic tickets, from case initiation through case disposition, for all 87 counties in Minnesota.

With the completion of this project, the processing of all of Minnesota’s “payable citations” paid online, by mail, or over the phone is now being handled by staff at the Minnesota Court Payment Center (CPC).

Additionally, questions about citations are handled by call center clerks in the CPC. Payable citations include traffic and parking tickets, as well as other citations that do not require a court appearance.  See here.

SAVING TAXPAYERS' MONEY:  The CPC has reduced the payables case processing workload in those 85 counties, and that centralization had helped reduce the statewide number of Judicial Branch staff working on payables processing.  See here.

2011 AWARD:  The state-wide system started in late 2010 under Chief Justice Lorie Skjerven Gildea.  In 2011, it received the Paul H. Chapman Award from the Foundation for Improvement of Justice. The award is given out each year to recognize and reward individuals or organizations whose innovative programs and work have made improvements in the justice system.     See here.

2012 AWARD:  The Minnesota program received the 2012 Justice Achievement Award from the National Association for Court Management (NACM).  See here.

  • "Before the creation of the CPC, clerks in local courthouses processed citations manually.  Employees working from home offices now do most of the work in a highly automated system.  Over $50 million was receipted in fiscal year 2011, including current and overdue debt.  The amount of overdue debt collected in fiscal year 2011 was $4.8 million, compared to $.9 million collected in fiscal year 2010 and $1.1 million in fiscal year 2009.  The CPC logged its one-millionth phone call on Nov. 22, 2011."
2017 Award: The Ash Center for Democratic Governance and Innovation at the John F. Kennedy School of Government, Harvard University, recognized today the Minnesota Court Payment Center (CPC) as part of the 2017 Bright Ideas in Government initiative.   See here.

5. Cameras in the Courtroom.


The best way that Chief Justice Lorie Skjerven Gildea could pursue to build public confidence in the courts was to allow citizens to watch the judges at work.  She worked hard and secured computer and camera coverage of all Supreme Court hearings and gave trial judges to latitude to allow cameras in their court rooms in most cases not involving sensitive cases such as minors and violent crimes.

SUPREME COURT:  On August 23, 2017, Chief Justice Gildea persuaded the rest of the Supreme Court to authorize livestreaming video of oral arguments before Minnesota's highest court.  See here.

The first live stream-cast was on August 28, 2017 with the oral argument between Governor Mark Dayton and the Legislature over the Governor's veto of the Legislature's two-year operating budget.

CAMERAS IN TRIAL COURTS: Recording devices are allowed in Minnesota District Courts under the conditions prescribed in Rule 4 of the General Rules of Practice.  See here.

Different rules apply to several categories of cases:  general rules that apply to all cases; rules for probate cases; rules for criminal trials before a guilty verdict has been reached or a guilty plea has been accepted; rules for criminal trials after a guilty verdict has been reached or a guilty plea has been accepted; and rules for civil cases.

6. Help for People Without Lawyers.

If you are going to resolve a problem in court, you should hire a lawyer if you can afford one.  Even if the matter seems straight-forward and the law seems clear, a lawyer understands to process and may spot ways to solve your situation more effectively and efficiently.

But Chief Justice Lorie Skjerven Gildea understands that people may need or want to represent themselves in a court matter.  That is why she has worked to make the system easier to understand and to help individuals who plan to represent themselves.

1.  Self-Help Centers in Your Home and in Every Courthouse:  By January 23, 2017, Minnesota had opened these centers in every county.  You also can contact them from home by telephone, e-mail, or on-line.  See here.

Self Help Center staff are able to provide instructions on how to complete court forms; review filled-out forms for completeness; help self-represented litigants locate free or low-cost legal services and programs; and provide information about court process, practice, and procedure.

This help is available for a wide variety of court proceedings, including: civil actions; conciliation court matters; criminal expungement; divorce, child support, custody, and family law; landlord and tenant law; name changes; and much more.

While Self Help Center staff are not able to directly provide legal advice, strategy, or research, they will be able to connect customers with services that offer legal advice and guidance. 

2.  Get Free Advice from a Local Lawyer.  The Minnesota Judicial Branch works with the private Minnesota State Bar Association and local groups of lawyers to operate a free call-in service where people can ask for suggestions and legal observations from a volunteer lawyer in one's area. You can find many resources here.

3.  Free Guidance on how to prepare appeals. A new self-help clinic at the Minnesota State Law Library provides free assistance to individuals seeking to file an appeal with the Minnesota Court of Appeals or the Minnesota Supreme Court.  See here. 



“Ensuring that all Minnesotans have access to their justice system is one of the founding principles of our court system,” said Minnesota Supreme Court Chief Justice Lorie Skjerven Gildea.

“In recent years, we have greatly expanded the resources available to people representing themselves in our courts, and have explored new ways of leveraging technology to make it faster and easier for Minnesotans to access needed information about their justice system. We are proud that Minnesota has become a national leader in this important area, and are continuing to look for new ways to expand our services in the future.”

7. Other Electronic Innovations in tthe Courts.


WI-FI IN EVERY COURT HOUSE:  In 2013, the Judicial Branch began implementing a public guest Wi-Fi network in courthouses and other branch facilities.  See here.

  • “Publicly accessible Wi-Fi has become commonplace in recent years,” said Mark Moore, Chief Information Officer and Director of Information Technology for the Judicial Branch. “We see installation of a guest Wi-Fi network as part of our effort to improve customer service and to assist our justice partners when they are working in court facilities.”
  • The free service does not require a password. In almost all court facilities, it appears as MJB_Guest when Wi-Fi-enabled devices are turned on. 

TECHNOLOGY SAVES MONEY ON JURY SELECTION: To save staff time and costs spent on reviewing questionnaires submitted by prospective jurors, the Judicial Branch launched an on-line survey of potential jurors to check for disqualifying factors such as an opinion of the case or knowledge of one or more of the parties.  See here.

  • "The online Juror Qualification Questionnaire was developed as part of the Judicial Branch’s on-going efforts to use technology to increase efficiency, reduce costs, and make the courts more accessible."

  • "Court administrators would like to see more summoned citizens use the online option because it reduces the amount of court staff time required to process the questionnaires. "