NY court business has no place on the family iPad, new report advises

Arraignments went virtual in March 2020. Photo courtesy of OCA

Arraignments went virtual in March 2020. Photo courtesy of OCA

By Rachel Vick

Judicial staffers across the state are using the family iPad for formal court business and that’s a problem, according to a report issued Feb. 2 by a state task force assessing the use of new court technology.  

Two months after releasing a preliminary report on the future of tech and internet access, the Commission to Reimagine the Future of New York’s Courts issued new recommendations to improve the security of remote operation — like using court-issued devices rather than personal smartphones to handle potentially sensitive documents.

The task force report is based on survey responses from 3,591 judges, court attorneys and other judicial staff across the state. The authors recommended allowing county administrative judges to mandate electronic filing, phasing out old tech like fax machines, and conducting tech trainings to ensure staff are well versed in using their web-enabled devices.

The report honed in on the use of personal devices for professional business.

About 42 percent of survey respondents said they used personal devices for remote court business. Just 29 percent of court attorneys said they were provided with devices, like tablets or laptops, by the court system. The rest said they had to rely on their own computers and phones.

“The failure to provide Court Attorneys with Mobile Devices is a roadblock to the effective and speedy administration of justice,” the new report states. 

Nearly 20 percent of people surveyed said they shared devices they used to conduct business with members of their household and 82 percent of respondents who use flash drives said they do not know how to encrypt them.

The report recommended instituting training sessions for judges and court staffers who struggle with technology.

A second report advised an immediate expansion of the e-filing system, citing the pandemic’s impact on in-person court operations. 

Additional recommendations include the ability of the chief administrative judges to use their discretion to mandate e-filing, while exempting self represented litigants and attorneys who need to improve their online abilities.

Chief Judge Janet DiFiore said she welcomed the recommendation, particularly when it comes to e-filing.

“E-filing has proven a reliable, efficient way to expand access to justice, also serving to promote public health and safety throughout the pandemic by reducing courthouse Traffic,” said Chief Judge Janet DiFiore. 

The report, she said, “highlights e-filing’s integral role in building a better, more accessible justice system, offering thoughtful proposals that serve to accelerate the expansion of the courts’ e-filing system.”