Be Thankful for the Prevalence of Technology in Ohio Courts

It's always the little things you tend to take for granted that you really should be the most thankful for having.  Until recently, I had NO IDEA of how thankful I should be for the way Ohio courts have embraced and incorporated technology.  In the last few weeks, however, I have had substantial exposure to the way things work court technologywise in...  well let's just say, an adjacent State.  I felt like I'd travelled back in time ten years or more and could hardly believe how inefficient it all seemed.   

Among the modern technology I sorta thought EVERYBODY had was internet access to case docket sheets showing pleadings filed in particular cases.  In fact, I sometimes groused because my local trial court's Clerk of Courts website -- unlike those in Cleveland and other areas of the state -- would ONLY allow me to see the name of the pleading and the date filed and might be a few days behind to boot.  All federal courts (with a password) and many trial and appellate courts in Ohio also allow you to download from their Clerk of Court websites -  immediately and for free  (or at least at nominal cost) -- copies of the actual pleadings filed.  And, in some Ohio courts I can even electronically file pleadings right from my computer.    

Well, no, apparently that's not so normal in at least some other States.  In this particular State bordering Ohio, some of the trial courts don't even have a website at all and one heckuva lot have NO internet access to docket sheets.  Is this a big deal?  Well it is if you're used to being able to answer your own questions quickly about service and what's been happening in a case with which you're not familiar, but now need to jump in as a pinch hitter. 

Suddenly, I'm back to the time where I'd have to write a note to my secretary giving her the case number and party info, getting her to call the court and perhaps beg for information and/or documents BEFORE we sent them a search or copy fee, and if not successful, waiting hours, days, or weeks for information I need as a lawyer before I can decide what should be done next.  And of course, if it's a few days or weeks later that the information finally comes in, now I have to refresh my memory about what the issue in the case was that made me ask for the information in the first place.  Obviously, the additional time and effort now saved with implementation of modern technology is substantial.  And it's only when that sort of access isn't available instantly that you truly appreciate the impact of technology on your practice of law.

Ohio has benefited from a substantial emphasis on the importance of courts implementing technology.  When the Ohio Supreme Court  first began surveying courts in 1989 about whether any technology was available and being used, less than two thirds of the courts even bothered to respond to the survey.  In 1993, Chief Justice Thomas J. Moyer created a program of direct technical assistance to trial and appellate courts in Ohio to support various initiatives and implementation programs. 

As the bi-annual survey of technology use in Ohio courts continued, there has been a 100% participation response rate since 1996. Since 2002, all Ohio Clerks of Court have automated records and approximately 85% (and I would add from personal experence all major population centers) have websites of their own allowing some sort of access to case dockets.

For more detailed information on the progress and scope of the implmentation and integration of technology in Ohio courts, take a look at some of the bi-annual surveys:

There's also this interesting 2003 speech by the Chief Justice.

Technology has interjected itself slowly into the way I practice law and I haven't  always initially been happy about changes it brought (I was orginally very NOT excited about electronic case filing aka ECF when that first came out - don't know how I managed without it now).   But it seems to have worked out well in the end an I'm not going back. 

Now I realize this isn't like world peace or anything, but in my day to day work life it matters.  Personally, I have now sworn to never ever complain about my access to Ohio court records again.

GM Follows NYC Dealership Affiliate to Obtain NYC Venue for Its Bankruptcy

Just before 8 AM this morning (June 1), General Motors was busy sneaking its way into a Southern District of New York bankruptcy court (more on the forum shopping aspect of this from the Credit Slips blog) in hopes of getting the same accomodating treatment as Chrysler has just experienced.  Here's GM's press release on the filing, Board of Directors statement, statement of Fritz Henderson, and FAQ about the filing.  Here's the transcript of the White House press briefing late last night.

I previously suggested that a NYC filing was not possible for GM because it had no New York subsidiaries and was itself a Delaware corporation.  What I failed to anticipate was the creativity of GM's lawyers who simply went out and got a company-owned DEALERSHIP called Chevrolet-Saturn of Harlem, Inc. , also a Delaware corporation, which is located in Harlem ,to make the first filing.  Talk about the bankruptcy equivalent of gerrymandering!!!

So anyway here's the skinny on this morning's filing:  Everyone is represented by Weil, Gotshal & Manges LLP led by Stephen KarotkinJudge Robert E. Gerber will be presiding

First filing opening the gates of the Southern District of New York Bankruptcy Court paradise:

Chevrolet-Saturn of Harlem, Inc.,  Case No. 09-13558  For more information about this entity, click here

 Followed by GENERAL MOTORS itself, Case No. 09-50026

And bringing up the rear:

Saturn LLC, Case No. 09-50027

Saturn Distribution Corporation, Case No. 09-50028 

All filings are to be made in the General Motors case and just to show you how fast everything is moving, take a look at the Notice for the "First Day" hearing scheduled for 4 PM today.

>>>>>> If you don't have access to PACER, you can follow the pleadings and get other information about the case from the claims trading agent website.  As in the Chrysler bankruptcy, generally this will as up to date, or nearly so as the PACER docket.

As of 11 AM, the sale motion had yet to be filed, but soon will be [UPDATE: Almost 2;30 PM and here it is - apparently too big a file to upload - It's Docket #92 and you're own your own til I figure out how to get that technical detail fixed]

UPDATE: Here's the trasncript of President Obama's remarks on GM's bankruptcy filing, as well as a "Fact Sheet" setting forth the Administration's view as to how this should all play out.

If you're sufficiently interested, here's a link to  streaming video of GM's news conference featuring Fritz Henderson.

>>>> and now for some other commentary:

  • The Huffington Post blog has a great summary of events leading up to the filing, impact of the bankruptcy filing and what may happen next.
  • The Chapter 11 Library.com blog has some interesting excerpts fromFritz Henderson's Affidavit made in connection with the filing: click here and here.  Personally, i liked the part where he says:

Both directly and as a customer of literaly thousands of businesses that supply GM, the Company played a significant role in the development of a strong middle class in the United States... GM has also been instrumental in the United States becoming the world's major economic force.

            Guess now's not the time for modesty...