Faculty of Federal Advocates
P.O. Box 12025
Denver CO 80212-0025
Administrator:
Patricia Murphy
pmurphyffa@aol.com
Copyright © 2004-2008
Faculty of Federal Advocates
Faculty of Federal Advocates Newsletter
July 2004 Volume 7, Number 2 Table of Contents:
The U.S. District
Court for the District of Colorado Goes Electronic The United States District Court for the District of Colorado will shortly unveil a new electronic case filing system. This new system was custom made by the federal judiciary to permit filing of cases through the Internet in more than 200 federal courts. Attorneys practicing in Colorado’s federal district court will be required to file documents electronically with the court over the Internet, unless a particular attorney shows “good cause” in writing why the requirement should not apply to her or him. The
system uses standard computer hardware, an Internet connection
and an Internet browser. It The system offers users several advantages. The most obvious advantage is full access to current court files, both docket sheets and filed documents. Users can access the system via the Internet from any location twenty-four hours a day. Users can also download and print documents directly from the system, thereby reducing or eliminating mail, courier, and copy fees. The system also does away with the problems of lost files or documents -- and trying to find a parking space by the courthouse! No added fees are charged for filing documents over the Internet, but existing document filing fees still apply. Litigants receive one free look at documents filed electronically in their cases and can print or download the documents at that time. Thereafter, the documents are only available for viewing or downloading at $ .07 per page. This access to court data is provided through the Public Access to Court Electronic Records (PACER) program at a cost of $.07 per page with a maximum charge of $2.10, the equivalent of 30 pages, for electronic access to any single document. Users are not billed, however, until their PACER account reaches $10 in a calendar year. The judiciary has set the fee at the lowest possible level sufficient to recoup program costs, as directed by Congress. The district court began its implementation
project of the system in November 2003 with an expected initial
date of electronic filing
for civil cases in Spring 2005 and criminal filings in late Summer
2005. * IBM-compatible PC or MAC PC *
Internet access For more information on electronic case filing in the federal district court, visit the court’s website at http://www.co.uscourts.gov/Dindex.htm and click on the Electronic Case Filing icon located in the middle of the website. The website offers on-line tutorials and also provides general information about the system. Dear Faculty
of Federal Advocates Member The Faculty of Federal Advocates is requesting that its members volunteer to participate in the FFA Counsel/Co-Counsel Mentoring Program. The program provides representation to pro se parties in the United States District Court. The program currently has a backlog of individuals needing representation. The program is a key component of the professional relationship between the Faculty and the U.S. District Court. In cases that are sufficiently complicated to warrant the appointment of counsel, as determined by the judges, the Court refers the cases to the FFA to find attorneys to provide representation. These cases have survived at least an initial screening by the Court. Most, but not all, of the cases involve Section 1983 prisoner civil rights actions. Through the program, experienced federal practitioners are paired with less-experienced attorneys, providing both with a meaningful litigation opportunity in the federal court. The FFA provides the attorneys with legal research assistance and support, including malpractice insurance and funding for costs. (costs are limited to$3,000, though additional monies may be provided with board approval). In-service training programs are held annually. The U.S. District Court library provides checkout services for the Faculty’s library materials. Volunteer paralegals give generously of their time in doing summaries of cases, and court reporters volunteer to help with depositions. Attorneys who have provided this important representation have consistently found it to be a highly rewarding and worthwhile experience. If you, or an attorney you know, are interested in participating in this program, please contact the FFA by calling (303) 455-0927 or by sending an email to pmurphyffa@aol.com. Chief Justice
Issues Annual Judiciary Report* Chief Justice William H. Rehnquist, in his Jan. 1 Year-end Report on the State of the Judiciary, concluded that the “traditional interchange between Congress and the judiciary broke down” last year when Congress enacted the PROTECT Act, which made dramatic changes to the laws governing the sentencing process. Noting that the PROTECT Act, which is targeted toward preventing exploitation of children, was enacted without any consideration of the views of the judiciary, Rehnquist said, “ It is Congress’s job to legislate; but each branch of our government has a unique perspective, and taking into account these diverse perspectives improves the process.” The sentencing provisions in the act found troubling to judges, and which also are opposed by the ABA, limit the ability of federal judges to use their discretion to impose lighter than specified sentences under the federal sentencing guidelines. Particularly troubling, Rehnquist noted, is the required collection by the Department of Justice of downward departure information on an individual judge by-judge basis. “The subject matter of the questions Congress may pose about judges’ decisions, and whether they target the judicial decisions of individual federal judges, could appear to be an unwarranted and ill-considered effort to intimidate individual judges in the performance of their judicial duties,” Rehnquist said. He said that obtaining the views of the judiciary before the PROTECT Act was enacted “would have given all members of Congress the benefit of a perspective they may not have been aware of on this aspect of the legislation.” Even if Congress had enacted the same provisions after consultation, “at least judges would have known that the process included a meaningful opportunity to have their views heard,” he stated. The chief justice also lamented that although the judiciary came “remarkably close” to achieving a significant salary increase for federal judges last year, Congress failed to raise judicial salaries beyond a modest cost-of-living adjustment. He thanked Congress for appropriating $222 million for new courthouse construction and $248 million to repair existing courthouses as part of the fiscal year 2004 funding legislation, but expressed grave concern over the consequences of having to operate at inadequate funding levels under a continuing resolution. He further noted that the judiciary’s fiscal year 2004 funding in the omnibus appropriations bill is inadequate. Rehnquist reported that in fiscal year 2003, the federal courts experienced record high in filings in most program areas. Filings in the 12 regional courts of appeals grew 6 percent from 57,555 to a record number of 60,847. Criminal case filings increased by 5 percent to an all-time high of 70,642, while civil filings declined 8 percent to 252,962. Filings in the U.S. bankruptcy courts increased 7 percent to 1,661,996, setting a record for the second consecutive year. Rehnquist also noted that the Administrative Office of the U.S. Courts made substantial progress during 2003 in implementing new electronic case management systems that enable federal courts to receive and process case filings electronically. *Reprinted by permission of the American Bar Association from the February 1, 2004 Issue of the ABA Washington Letter. © The American Bar Association. All rights reserved Thank you from the Counsel/Co-Counsel Program The Faculty of Federal Advocates Counsel/Co-Counsel Program wishes to thank Antony Noble of Socha Perczak Setter & Anderson, Edward Ramey of Isaacson Rosenbaum Woods & Levy, Barry Schwartz of Jacobs Chase Frick Kleinkopf & Kelley, and Patrick O’Rourke of Montgomery Little & McGrew, and Carolyn Fairless of Wheeler Trigg & Kennedy, and Robert C. Cain, for accepting cases this year as part of the program. The program provides needed legal representation to pro se litigants in cases referred by the U.S. District Court. Through the program, experienced mentor attorneys are paired with attorneys with less experience in federal court. This provides a unique learning opportunity for a newer attorney and allows a mentor lawyer to take a case with the assistance of co-counsel. If you are interested in handling a case, please contact FFA
Administrator Patricia Murphy at Brown Bag it with Judge Robert E. Blackburn Brown Bag it with Chief Deputy Clerk Steve Ehrlich For more information or to make a reservation contact Patricia
Murphy at pmurphyffa@aol.com, |