Attorneys want to know about access and e-filing: Sidebar lunch brings attorneys and judges together


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  • | 12:00 p.m. April 8, 2013
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Photos by Joe Wilhelm Jr. - Circuit Court Judge Mallory Cooper introduces the panel of judges Wednesday at The Jacksonville Bar Association Sidebar Lunch at the Duval County Courthouse. From left, Gene Nichols, moderator of the panel discussion; Senio...
Photos by Joe Wilhelm Jr. - Circuit Court Judge Mallory Cooper introduces the panel of judges Wednesday at The Jacksonville Bar Association Sidebar Lunch at the Duval County Courthouse. From left, Gene Nichols, moderator of the panel discussion; Senio...
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Access to judges' offices and pending e-filing requirements for criminal cases were some of the issues discussed at the latest Jacksonville Bar Association Sidebar Lunch Wednesday at the Duval County Courthouse.

The JBA's Judicial Relations Committee has developed the events to bring attorneys and judges together in an informal setting to discuss procedural issues and socialize.

The committee hosted about 50 attendees and judges from the Circuit Court Criminal Division.

The event included a panel discussion with Judges Charles Arnold, Suzanne Bass, Mallory Cooper, Mark Hulsey, Tatiana Salvador, Adrian Soud and William Wilkes. It was moderated by attorney Gene Nichols of Nichols & Pina.

"Judge (Charles) Arnold, Judge (Mallory) Cooper, Judge (William) Wilkes, you were all used to (attorneys) being able to walk into your chambers and have a conversation in the old courthouse. A lot of folks want to know how we can communication with y'all in the new courthouse," said Nichols.

Nichols said some attorneys have described the seventh floor of the Duval County Courthouse, where judges' offices are located, as similar to "Fort Knox."

Cooper, who assisted with the design of the courthouse, explained that the design of the office area was not meant to keep attorneys out.

"That didn't happen because the people sitting up here or the other judges said we don't want people to be able to come back to our offices," said Cooper.

The new system for access was developed to prevent inappropriate contact between judges and attorneys and their clients, said Cooper.

"We don't want to look up, and this happened frequently (in the old courthouse), and have an attorney and their client standing at our desk. That is not safe and it is not appropriate. Those are the types of things we are avoiding right now," she said.

There are a number of ways for attorneys to gain access to a judge's office, Cooper explained.

"I can't speak for all the judges, but I can tell you to call my (judicial assistant), email her ahead of time, go to the center and see Michelle Ellis, the receptionist, whatever you want to do. We want you to come back if you need to come back," said Cooper.

The panel also discussed the approaching Oct. 1 deadline for e-filing of documents in criminal cases.

"In the short time that I have been on the bench these few years, it's real easy in the paper file to look for the blue piece of paper, the pink piece of paper, or a tab like we all do. My hope is that we will get just as adept at working through electronic courtesy copies," said Soud.

"I think everybody can expect to stub their toe a bit as we transition to that. I worry often times that the appellate court will look at record and ask, 'where is the court file?' The answer is we don't have a court file right now. We are having to transition through that right now," said Soud.

Cooper also said attorneys using a computer to present evidence, such as asking a witness to show an area on a picture that is displayed on a computer screen, need to have a record of that presentation.

"That image disappears, so you have to remember to say, 'okay Mr. Jones I see that you have marked a red circle in the top, right-hand corner by the sign post,' so that the appellate court has something," said Cooper.

The panel also benefited from attendee 1st District Court of Appeal Judge Scott Makar, who discussed his experiences with e-filing.

"Everything is electronic in our court. There is a bit of challenge for us, lawyers and judges, trying to get adept with the technology so we can get to page 35 quickly or reach exhibit 13 quickly. That just takes time to learn," said Makar.

Law firms Harris Guidi, Tanner Bishop and Fallgatter Farmand provided scholarships so 10 assistant state attorneys could attend the lunch, where attendees also earned continuing legal education credits.

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