Litigants leery of appellate court e-filing

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The new rule requiring electronic filing of appellate briefs is now in effect, and practitioners are feeling their way through the process with some trepidation.

Some appellate attorneys have experience in federal court, where e-filing is mandated, and they say the state system offers little benefit to litigants.

“It’s progress for the court, but not an aid to the litigants,” said Marla J. Stephens, an attorney in the State Public Defender’s Office Appellate Division. “That’s not an opinion. It’s simply a factual statement.”

The new process will allow judges to freely access appellate briefs, no-merit reports, petitions for review and responses from the comfort of their own homes.

But Stephens, who has not yet filed an online brief, said that the process puts an additional burden on attorneys and staff because they must make an electronic filing, as well as a paper filing with the court.

Bumpy Process

The state Supreme Court adopted the rule last October and it took effect on July 1.

Attorneys Erin M. Patterson and Raymond M. Dall’Osto of Gimbel, Reilly, Guerin & Brown in Milwaukee e-filed one of the first appellate briefs on July 2.

Patterson said the process was “bumpy” compared to the federal filing system, largely because you must have a password, username, PIN number and document access verification code to be able to enter information.

“I honestly don’t like it as well,” she said.

The federal system requires only a password and username.

Patterson noted the process could prove intimidating for attorneys unfamiliar with e-filing. She said that a four-step process just to gain access may be a lot to keep track of for a solo practitioner with limited staff.

She also said that newer appellate attorneys who tried to save money by not spending it on software could now be forced to invest several hundred dollars on products to ensure briefs are in the proper PDF format.

Madison attorney Eric G. Barber suggested that it will be difficult for attorneys whose practices are still “completely paper-driven” to file timely documents.

“There’s going to be a point where someone cannot practice anywhere without knowing how to do things electronically,” said Barber, who practices at Perkins Coie LLP.

Wisconsin Supreme Court Clerk of Court David R. Schanker said about 40 documents were filed during the first two days and about 80 in the first week.

He said a handful of attorneys have called his office, mostly expressing “confusion” about document compatibility or registration.

Better Access

While Schanker conceded that the new rules are designed to be more “user-friendly” for judges, he noted that attorneys and the public can also freely access appellate briefs online.

“If the lawyer is registered in the system, he or she can go in and look at briefs and other documents,” Schanker said.

Attorneys who aren’t registered and the general public can access briefs through the Wisconsin Supreme Court and Court of Appeals Access (WSCCA) Web site (http://www.wicourts.gov/) .

Schanker said that his ultimate goal is to reach a point where appeals can be initiated online.

“The courts have been behind most other areas of business in various forms of e-commerce for a long time,” he said. “I’m just delighted to have finally reached this point.”