1. Criminal E-Filing/Redaction/Fingerprinting Lynne Finley, JD Collin County District Clerk February 10, 2017

2. Collin County District Clerk’s Office
Key Metrics:
Population:1Million (est. 2/2016)
11 District Courts
17,000 Cases Filed Annually
14,000 E-Filings a month
Uses Tyler Odyssey – fully integrated with Sheriff’s, DA’s, and Constable’s Offices and Judges.

3. J.D. South Texas College of Law
Elected in 2016
B.S. and M.S. Texas Tech
J.D. South Texas College of Law
22 years experience in criminal, civil and family law including General Counsel and Risk Manager positions for large corporations.
Lynne Finley

4. Judicial Committee on Information Technology
Our representatives on the JCIT Committee
John Warren – Dallas County Clerk (Voting)
Sheri Woodfin – Tom Green County District Clerk (Voting)
Judy Crawford – Crane District/County Clerk
Annie Elliott – Fort Bend County District Clerk
Laura Hinojosa – Hidalgo County District Clerk
Sasha Kelton – Clay County Clerk
Nancy Rister – Williamson County Clerk
Velva Price - Travis County District Clerk

5. Justice Committee On Information Technology
Update from January 20, 2017 Meeting

6. Criminal E-filing Rule Making Milestones
June 9, Sup. Ct. issued initial e-filing rules indicating they were subject to changed based on public comments. (Sup. Ct. Misc , Ct. Crim. App Misc )
October 1, Sup. Ct. issued revised e-filing rules. As per Rule 1.2 attorneys can file electronically or by paper. (Sup.Ct. Misc , Ct. Crim. App Misc
October 5, 2015 Ct. Crim. App Misc amends TRAP 9.10 adding exemptions to the redaction requirements.
June 30, Ct. Crim. App Misc mandates e-filing by attorneys in criminal cases. Pro Se may still file by paper.

7. As of October 28, 2016

8. Criminal E-filing Basics
Graduated scheduled roll-out, based on county population
Pop. 500K+ July 2017
Pop. 200K+ Jan. 2018
Pop. 100K+ July 2018
Pop. 50K+ Jan. 2019
Pop. 20K+ July 2019
Pop Jan. 2020

9. Criminal E-filing Basics
On June 30, 2016, the Court of Criminal Appeals (Misc. Docket No ) mandated statewide electronic filing in criminal cases.
Highlights
Mandates E-filing by attorneys in criminal cases in appellate courts, district courts, statutory county courts, and constitutional county courts.
Once a court is subject to mandatory E-filing, attorneys must file electronically all documents except documents exempted by statute or rules. Exceptions include:
Charging instruments;
Documents filed under seal or presented to the court in camera; and
Documents to which access is otherwise restricted by these rules, law, or court order.

10. Criminal E-filing Basics
Persons not represented by an attorney are not required to file electronically.
Courts and clerks must not accept, file, or docket any document filed by an attorney in a criminal cases that is not filed in compliance with this order, except in the event of an emergency.
Courts or clerks who believe they cannot comply by the implementation date specified, may petition the Court of Criminal Appeals for an extension.

11. Privacy Protections (Misc. Doc. 15-004)
Rule 5.1 Sensitive Data Defined
driver’s license number, passport number, SSN#, TIN#, or similar gov’t issued personal identification;
bank account number, credit card number, or other financial account number;
birthdate, home address, and the name of any person who was a minor when the underlying suit was filed.
Rule 5.2 Filing of Documents Containing Sensitive Data Prohibited
An electronic or paper document containing sensitive data may not be filed with a court unless the sensitive data is redacted. Documents containing sensitive data may be filed with the court when the data’s inclusion is required by statute, court rule, administrative regulation, or when exempt under the TX Rules of Appellate Procedure rule 9.10.

12. Privacy Protections (cont.)
Exemptions Under the TX Rules of Appellate Procedure rule (Misc. Docket No , signed )
The redaction requirement does not apply to the following:
A court filing that is related to a criminal matter that is prepared before the filing of a criminal charge or is not filed as part of any docketed criminal case;
An arrest or search warrant;
A charging document and an affidavit filed in support of any charging document;
A defendant’s date of birth;
A defendant’s address; and
Any government issued number to identify the defendant associated with a criminal filing, except for the defendant’s SSN# or driver’s license number.

13. Privacy Protections (cont.)
What about indices available on public terminals?
Registry of Actions
Related Cases
Party Information
Defendant
Doe, John
Male White
1414 Madison Ave.
DOB
Anywhere, TX 75000
5’5”, 190 lbs.
DL TX
SID TX
Other Agency Numbers
9999 Grove Police DPD

14. TRAP 9.10 (cont.)
(e) Certification. The filing of the document constitutes a certification by the filer that the document compiles with paragraphs (a) and (b) of this rule.
(g) Sealed Materials. Materials that are required by statute to be sealed, redacted, or kept confidential, such as the items set out in Articles (Personal Information about Jurors), (Evidence Depicting … Abuse or Sexual Contact of Child) and 57 speaks to the confidentiality of identifying information for Sex Offense Victims, Victims of Stalking, Family Violence Victims and Victims of Trafficking.
(h) Waiver of Protection of Identifiers. A person waives the protection of this rule as to a person’s own information by filing it without redaction and not under seal.

15. Privacy Protections (Misc. Doc. 15-004)
Rule 5.3 Redaction of Sensitive Data: Retention Requirement
Sensitive data must be redacted by using the letter ”X” in place of each omitted digit or character or by removing the data in a manner indicating that the data has been redacted. The filing party must retain an unredacted version of the filed document during the pendency of the case and any appellate proceeding filed within 3 years of the date of the judgment is signed.
TRAP 9.10 (d) If the District court clerk or appellate court clerk discovers unredacted sensitive data in the record, the clerk shall notify the parties and seek a ruling from the court.
Rule 5.4 Notice to Clerk
If an electronic or paper document must contain sensitive data, the filing party must state on the upper left-hand side of the first page, “NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.” Notice not required if only sensitive data is exempt under redaction under TX Rule of Appellate Procedure 9.10.

16. Privacy Protections (Misc. Doc. 15-004)
Rule 5.5 Non-Conforming Documents
The clerk may not refuse a document that contains sensitive data in violation of these rules or any other statute, rule, or court order. But the clerk may identify the error to be corrected and state the deadline for the party to resubmit a redacted, substitute document.
Rule 5.6 Restrictions on Remote Access
Documents that contain sensitive data in violation of these rules must not be posted on the internet.   

17. Fingerprinting
Requirements: Tex. CCP, Ch. 42, requires that the judgment shall reflect…”the defendant’s thumbprint taken in accordance with Article 38.33”; Tex. CCP, Ch , the court shall order that a defendant who is convicted of a felony or misdemeanor have a thumbprint rolled legibly on the judgment, order or docket sheet. A thumbprint or fingerprint may be taken “either by use of the ink-rolled print method or by use of a live-scanning device that prints the thumbprint or fingerprint image on the judgment, order or docket sheet.”

18. Livescan Fingerprinting
Benefits in the Courtroom
Allows defendants to be biometrically identified when they appear for court. Courts are recognizing their obligation to ensure that the individual adjudicated is positively identified through biometrics to ensure justice is served.
Electronic Fingerprints give courts the ability to capture a high- resolution image of the defendant’s fingerprint and immediate feedback on the quality of the print taken, helping the issue of unusable prints.

19. Fingerprinting Experiences
One county is using a “slap-print scanner” with software that creates an interface between the clerk and local law enforcement allowing records to be accurate and updated before they reached DPS. The “slap-print” captures the defendant’s digital fingerprints in the courtroom at plea time. The digital image electronically flows to DPS, which then returns the SID.

20. Fingerprinting Experiences
Another county has electronic fingerprinting in place but they are still exploring more ways to improve their processes. Considerations include:
Prior to the Judge entering the courtroom, the bailiff will escort defendant to clerk station where defendant will be sworn and electronic prints taken. Bailiff will sign “attachment” using e- signature pad or
Prior to each plea a bailiff would take fingerprints.
Once fingerprinting process is completed, the fingerprints would be stored electronically and saved into Odyssey. Clerk would attach fingerprint page to final judgment.

21. Fingerprinting Experiences
Another county has moved the majority of their courts away from taking wet fingerprints to capturing electronic fingerprints of the defendant at the time of plea. The process includes:
Bailiffs capture the electronic fingerprint and forward it to the clerk of the court who is also in the courtroom.
The clerk attaches the image onto the judgement and prints it out for the judge to sign.
The original is scanned into the system and then placed into the case file.

22. Dream World Possibility.
District Clerk
Law Enforcement
District Attorney
Courts
Probation and Corrections

23. QUESTIONS? Lynne Finley Collin County District Clerk lfinley@collincountytx.gov