Universal e-filing bill makes it to gov’s desk
/
A bill is currently on the governor’s desk which would expand e-filing in the state’s courts and generally up the court system’s ability to work remotely if signed into law. File photo by David Handschuh
By Ryan Schwach
A bill that would make e-filing universal in the state’s courts and bring the system further into the 21st Century was placed on the governor’s desk this week.
The bill would amend current state law and expand the court system's ability to institute the digital filing of court documents within the court system, which advocates say would improve efficiency and fairness in the state’s courthouses.
Specifically, the legislation would give Chief Administrative Judge Joseph Zayas the ability to permit e-filing in trial courts, an authority which is currently limited.
The bill is sponsored by Senate Judiciary Committee Chair Brad Hoylman-Sigal, and was passed overwhelmingly by the legislature in June. It’s also received the backing of court leadership.
“It's past time we bring our court system into the 21st Century and allow for electronic filing for all court cases in New York State,” Hoylman-Sigal said in a statement. “Doing so would help our court system become more accessible and run more efficiently, all while protecting the privacy and security of those involved in sensitive cases.
“I am grateful to Chief Judge [Rowan] Wilson for welcoming this important change to the New York State court system,” the Manhattan senator added.
Al Baker, a spokesman for the Office of Court Administration said the state’s court system “strongly supports” the bill.
“We greatly appreciate the legislature’s support in enacting this legislation, and hope that the governor will sign the bill into law,” Baker said.
The legislation’s text outlines several benefits of e-filing, including the time it will reportedly save for lawyers and litigants, its potential to reduce costs, increase document security and ease access to filings.
The push for e-filing expansion in the courts became more clear during the COVID-19 pandemic, in which a large portion of the courts’ usual procedures needed to move to a remote or digital capacity.
By instituting the law, it may also help make the e-filing system more uniform, since the process as it currently stands has been shown to have some holes.
According to a 2023 audit, the state courts failed to turn over $9.5 million to the state’s treasury due to poor bookkeeping practices regarding e-filing.
The Office of Court Administration now has a dedicated analyst overseeing court revenue in New York City to ensure the integrity of monthly account balances, an OCA spokesperson told the Eagle in August.
In addition to court leadership, the Legal Aid Society also expressed its support for the bill, and called on the governor to sign it into law.
“Instituting e-filing in federal and other state courts has proven to be more time and cost effective than in-person filing, allowing for immediate and secure access to documents 24 hours a day,” Legal Aid said in a statement. “The legislation also includes an exemption from e-filing for pro se litigants – individuals who represent themselves in court – ensuring fairness for those who might be better equipped to file in-person.”
“If enacted into law, this legislation will help to reduce case backlogs and will allow for speedier access to justice for all New Yorkers,” the statement continued. “We urge Governor [Kathy] Hochul to sign this bill without further delay.”
The governor’s office said Hochul is reviewing the legislation.
