re:SearchTX - Providing Clarity Lynne Finley District Clerk, Collin County David Slayton, Director, Office of Court Administration Terry Derrick General Manager, eSolutions – Tyler Technologies

Document Access Models *Courts have two models to make their case records available through re:SearchTX Repository Model Metadata and document IDs of accepted filings are sent from eFileTX to re:Search upon clerk acceptance. Users search the metadata and documents are retrieved from the CMS, upon request. CMS Integrated Model Metadata and copies of accepted documents are sent from eFileTX to re:Search upon clerk acceptance. This information is provided to authorized users. *Note: Courts may begin with the repository model and migrate to the integrated model once the CMS establishes the integration.

re:Search – Repository Model Filer Prepares Documents 1 24X7 Submission to EFSP of Choice 2 Filing Prepared for Clerk Review 3 Clerk Accepts or Rejects 4 Stamped Documents Passed to CMS and Filer 5 Documents and Meta Data Passed to re:SearchTX 6 24X7 Access to Documents 7 Judge Summary Case metadata and documents will be passed to re:SearchTX from eFileTexas The documents will be copies of the file stamped document and can be considered the “unofficial record” Courts may manually upload additional documents to re:SearchTX and can manage the security directly from within re:SearchTX Revenue from document purchase transactions would go to the originating jurisdiction Data Attorney Filer EFSP eFileTexas Step re:SearchTX Step Legend Advantages Free, online electronic court record solution to generate revenue for county through document purchase transactions Authorized User CMS Clerk

Re:Search – Integrated Model Filer Prepares Documents 1 24X7 Submission to EFSP of Choice 2 Filing Prepared for Clerk Review 3 Clerk Accepts or Rejects 4 Stamped Documents Passed to CMS and Filer 5 Metadata Passed to re:SearchTX 6 Users Search & Make Requests for Documents 7 Documents are Retrieved from CMS 8 Summary Case metadata will be passed to re:Search from eFileTexas Authorized users may search for documents using the case metadata obtained from eFileTexas Courts may upload additional metadata to re:SearchTX via the integration and can manage the security directly from within re:SearchTX Revenue from document purchase transactions would go to the originating jurisdiction Judge Data Attorney Filer EFSP Advantages Free, online electronic court record solution to generate revenue for county through document purchase transactions No additional work for the clerks Offer the complete and up-to-date case record to users Better experience for users eFileTexas Step re:SearchTX Step Legend Authorized User CMS Clerk

Where are we now? Efiled Documents have been stored in repository since January 2016 Judges are the only ones who have access to them – mandated by Supreme Court Supreme Court has mandated that OCA expand access to attorneys of record and clerks – NOT implemented yet Collin County is working with Tyler and OCA on integrated model - configuring within a Test Environment to see how Odyssey CMS will work with re:SearchTx Awaiting Provider Agreements to define the parties rights and roles in this process Now What’s Next The Future

What happens next? Continue working with Tyler and OCA to determine if an integrated model for re:SearchTX is right for Collin County Establishing an integrated option provides the County with the ability to help create a searchable website for our case information that our County has wanted for years January 2018 – re:SearchTX will be made available to attorneys of record and clerks All clerks will have option of implementing the integrated model For clerks not using integrated model, the repository model will be the default while their CMS works on establishing the integration. Now What’s Next The Future

What’s coming in the future? JCIT is finalizing recommendations to the Supreme Court to expand access to attorneys (not on the case) and the public JCIT‘s recommendation will include: Limitations on case types, document types, delays in making documents available, etc. Fees for copies Now What’s Next The Future

Redaction OCA is exploring options to include 3-part redaction technology within the eFiling and re:Search system eFiling: the uploaded documents would be screened for potential sensitive data and provide an opportunity for the filer to redact eFiling: the documents accepted by the clerk would be screened for potential sensitive data and provide an opportunity for the clerk to redact (both copies retained) re:SearchTX: any documents uploaded by the clerk would be screened for potential sensitive data and provide an opportunity for the clerk to redact If redaction provided, Collin County will take the funds from its current redaction contract and apply it towards pre-re:SearchTx cases to continue to add to our database of information available through the website Supreme Court reviewing sensitive data rule for modification on placing documents with sensitive data online

Revenue potential from re:SearchTX PACER generates $150 million in fees annually Texas has more documents added per year than the Federal Courts 8+ million documents eFiled in 2016 Over 20,000,000 documents eFiled to date Virginia‘s clerks records were just uploaded to a free site by a third-party Fees will be set by Supreme Court Recommendation forthcoming from JCIT All Clerks should be involved in this process

Maintenance and Security Repository Model OCA will be responsible for maintenance and security of the database Orders of expungement handled by OCA if provided to OCA (by Attorney or Clerk) Also providing options for clerks to seal/expunge/nondisclose records No requirement to upload documents, but clerks would have option to upload document, such as Orders Integrated Model The case management system of the clerk would be the primary database and would update re:SearchTX appropriately, at its discretion, as determined by the County Clerk and the District Clerk and may require approval of the Commissioner’s Court Clerks will have the option of uploading additional documents (back loading)

Liability According to discussions with the OCA, Clerks currently DO NOT have liability for release of sensitive information in documents NOTHING CHANGES when the documents are placed online Clerks will continue to NOT HAVE LIABILITY for release of sensitive information in documents Has a Clerk or County been sued for the release of sensitive data?

“Go-Forward” Date Decision on “go-forward” date with documents has not been made, but will need to be made prior to access to public OCA states that the recommendation is likely to be “go-forward” date Once integration is shown viable and Participation Agreements finalized, Collin County would want all of its documents removed from the centralized database as there should no use for those documents from the “Go-forward” date because there will be better access through our integrated model

Clerk involvement is the missing link! We need your help! The OCA needs the clerks help on this project Collin County sees participating in the pilot program as a way to provide feedback on the system, control the implementation into our system, give our community as much transparency of the records as possible while protecting the integrity of the records I believe integration may be mandated in the future and we want to be prepared for any scenario Lack of pilots from Clerks with third-party CMS OCA indicates that third-party vendor has shown willingness to participate Piloting provides the clerks the opportunity to see if integration is even possible and then decide if they want to implement it permanently I see attempting Integration Model to only be a positive for our county and our overall goal of providing our citizens with complete and accurate access. Without the integration, re:SearchTX is not similar to PACER. OCA is very grateful to the clerks who are participating in the pilot program and their feedback has and will be invaluable to the final product of re:SearchTX OCA is looking for strong partners to help improve the solution for everyone Clerk involvement is the missing link!

Questions?

re:SearchTX – Providing Clarity Appendix