Bill Text: NY A08083 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to the use of electronic means for the commencement and filing of papers in certain actions and proceedings.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2015-08-31 - signed chap.237 [A08083 Detail]
Download: New_York-2015-A08083-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8083 2015-2016 Regular Sessions I N A S S E M B L Y June 5, 2015 ___________ Introduced by M. of A. WEINSTEIN -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judici- ary AN ACT to amend the judiciary law, the civil practice law and rules, the court of claims act, the criminal procedure law, the family court act, the New York city civil court act and the surrogate's court procedure act, in relation to use of electronic means for the commencement and filing of papers in certain actions and proceedings; and providing for the repeal of certain provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 2 of section 212 of the judiciary law is 2 amended by adding a new paragraph (t) to read as follows: 3 (T) (I) (A) NOT LATER THAN APRIL FIRST IN EACH CALENDAR YEAR, THE 4 CHIEF ADMINISTRATOR OF THE COURTS SHALL SUBMIT TO THE LEGISLATURE, THE 5 GOVERNOR AND THE CHIEF JUDGE OF THE STATE A REPORT EVALUATING THE 6 STATE'S EXPERIENCE WITH PROGRAMS IN THE USE OF ELECTRONIC MEANS FOR THE 7 COMMENCEMENT OF ACTIONS AND PROCEEDINGS AND THE SERVICE OF PAPERS THERE- 8 IN AS AUTHORIZED BY LAW AND CONTAINING SUCH RECOMMENDATIONS FOR FURTHER 9 LEGISLATION AS HE OR SHE SHALL DEEM APPROPRIATE. IN THE PREPARATION OF 10 SUCH REPORT, THE CHIEF ADMINISTRATOR SHALL CONSULT WITH EACH COUNTY 11 CLERK IN WHOSE COUNTY A PROGRAM HAS BEEN IMPLEMENTED IN CIVIL CASES IN 12 THE SUPREME COURT, THE ADVISORY COMMITTEES ESTABLISHED PURSUANT TO 13 SUBPARAGRAPHS (II) THROUGH (VI) OF THIS PARAGRAPH, THE ORGANIZED BAR 14 INCLUDING BUT NOT LIMITED TO CITY, STATE, COUNTY AND WOMEN'S BAR ASSOCI- 15 ATIONS; THE OFFICE OF INDIGENT LEGAL SERVICES; INSTITUTIONAL LEGAL 16 SERVICE PROVIDERS; NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS; PUBLIC DEFEN- 17 DERS; ATTORNEYS ASSIGNED PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY 18 LAW; UNAFFILIATED ATTORNEYS WHO REGULARLY APPEAR IN PROCEEDINGS THAT ARE 19 OR HAVE BEEN AFFECTED BY ANY PROGRAMS THAT HAVE BEEN IMPLEMENTED OR WHO 20 MAY BE AFFECTED BY THE PROPOSED RECOMMENDATIONS FOR FURTHER LEGISLATION; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07846-04-5 A. 8083 2 1 REPRESENTATIVES OF VICTIMS' RIGHTS ORGANIZATIONS; AND ANY OTHER PERSONS 2 IN WHOSE COUNTY A PROGRAM HAS BEEN IMPLEMENTED IN ANY OF THE COURTS 3 THEREIN AS DEEMED TO BE APPROPRIATE BY THE CHIEF ADMINISTRATOR, AND 4 AFFORD THEM AN OPPORTUNITY TO SUBMIT COMMENTS WITH RESPECT TO SUCH 5 IMPLEMENTATION FOR INCLUSION IN THE REPORT AND ADDRESS ANY SUCH 6 COMMENTS. 7 PUBLIC COMMENTS SHALL ALSO BE SOUGHT VIA A PROMINENT POSTING ON THE 8 WEBSITE OF THE OFFICE OF COURT ADMINISTRATION. ALL COMMENTS RECEIVED 9 FROM ANY SOURCE SHALL BE POSTED FOR PUBLIC REVIEW ON THE SAME WEBSITE. 10 (B) THE REPORT SUBMITTED HEREUNDER IN THE TWO THOUSAND SEVENTEEN 11 CALENDAR YEAR SHALL INCLUDE: 12 (I) THE EVALUATION SPECIFIED IN SUBPARAGRAPH (VI) OF THIS PARAGRAPH, 13 INCLUDING THE ENTITIES OR INDIVIDUALS CONSULTED, INPUT RECEIVED, ALL 14 ISSUES ENCOUNTERED OR OTHERWISE BROUGHT TO THE ATTENTION OF THE CHIEF 15 ADMINISTRATOR OR HIS OR HER AGENTS, ALL SOLUTIONS DEVISED TO ADDRESS THE 16 ISSUES, PRESENTMENT OF ALL OUTSTANDING ISSUES, INCLUDING BUT NOT LIMITED 17 TO ANY ISSUES RELATING TO THE USE OF ELECTRONIC MEANS FOR FILING BY 18 UNREPRESENTED LITIGANTS, ANY RECOMMENDATIONS OF THE ADVISORY COMMITTEE 19 TO THE CHIEF ADMINISTRATOR, ALONG WITH RECOMMENDATIONS FOR LEGISLATION 20 IN RELATION TO THE USE OF ELECTRONIC MEANS FOR THE ORIGINATION OF JUVE- 21 NILE DELINQUENCY PROCEEDINGS UNDER ARTICLE THREE OF THE FAMILY COURT ACT 22 AND ABUSE OR NEGLECT PROCEEDINGS PURSUANT TO ARTICLE TEN OF THE FAMILY 23 COURT ACT IN FAMILY COURT AND THE FILING AND SERVICE OF PAPERS IN SUCH 24 PENDING PROCEEDINGS. 25 (II) THE EVALUATION SPECIFIED IN SUBPARAGRAPH (V) OF THIS PARAGRAPH, 26 INCLUDING THE ENTITIES OR INDIVIDUALS CONSULTED, THE INPUT RECEIVED, ALL 27 ISSUES ENCOUNTERED OR OTHERWISE BROUGHT TO THE ATTENTION OF THE CHIEF 28 ADMINISTRATOR OR HIS OR HER AGENTS, ALL SOLUTIONS DEVISED TO ADDRESS THE 29 ISSUES, PRESENTMENT OF ALL OUTSTANDING ISSUES, INCLUDING BUT NOT LIMITED 30 TO ANY ISSUES RELATING TO THE USE OF ELECTRONIC MEANS FOR FILING BY 31 UNREPRESENTED LITIGANTS, RECOMMENDATIONS OF THE ADVISORY COMMITTEE TO 32 THE CHIEF ADMINISTRATOR, ALONG WITH RECOMMENDATIONS FOR LEGISLATION IN 33 RELATION TO THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF CRIMINAL 34 ACTIONS AND THE FILING AND SERVICE OF PAPERS IN PENDING CRIMINAL ACTIONS 35 AND PROCEEDINGS. 36 (III) THE EVALUATION SPECIFIED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, 37 INCLUDING THE ENTITIES OR INDIVIDUALS CONSULTED, INPUT RECEIVED, ALL 38 ISSUES ENCOUNTERED OR OTHERWISE BROUGHT TO THE ATTENTION OF THE CHIEF 39 ADMINISTRATOR OR HIS OR HER AGENTS, ALL SOLUTIONS DEVISED TO ADDRESS THE 40 ISSUES, PRESENTMENT OF ALL OUTSTANDING ISSUES, INCLUDING BUT NOT LIMITED 41 TO ANY ISSUES RELATING TO THE USE OF ELECTRONIC MEANS FOR FILING BY 42 UNREPRESENTED LITIGANTS, ANY RECOMMENDATIONS OF THE ADVISORY COMMITTEE 43 TO THE CHIEF ADMINISTRATOR, ALONG WITH RECOMMENDATIONS FOR LEGISLATION 44 IN RELATION TO THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF 45 ACTIONS AND PROCEEDINGS AND THE SERVICE AND FILING OF PAPERS THEREIN IN 46 THE SUPREME COURT. 47 (IV) THE EVALUATION SPECIFIED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH, 48 INCLUDING THE ENTITIES OR INDIVIDUALS CONSULTED, INPUT RECEIVED, ALL 49 ISSUES ENCOUNTERED OR OTHERWISE BROUGHT TO THE ATTENTION OF THE CHIEF 50 ADMINISTRATOR OR HIS OR HER AGENTS, ALL SOLUTIONS DEVISED TO ADDRESS THE 51 ISSUES, PRESENTMENT OF ALL OUTSTANDING ISSUES, INCLUDING BUT NOT LIMITED 52 TO ANY ISSUES RELATING TO THE USE OF ELECTRONIC MEANS FOR FILING BY 53 UNREPRESENTED LITIGANTS, ANY RECOMMENDATIONS OF THE ADVISORY COMMITTEE 54 TO THE CHIEF ADMINISTRATOR, ALONG WITH RECOMMENDATIONS FOR LEGISLATION 55 IN RELATION TO THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF A. 8083 3 1 ACTIONS AND PROCEEDINGS AND THE SERVICE AND FILING OF PAPERS THEREIN IN 2 THE SURROGATE'S COURT. 3 (V) THE EVALUATION SPECIFIED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH, 4 INCLUDING THE ENTITIES OR INDIVIDUALS CONSULTED, INPUT RECEIVED, ALL 5 ISSUES ENCOUNTERED OR OTHERWISE BROUGHT TO THE ATTENTION OF THE CHIEF 6 ADMINISTRATOR OR HIS OR HER AGENTS, ALL SOLUTIONS DEVISED TO ADDRESS THE 7 ISSUES, PRESENTMENT OF ALL OUTSTANDING ISSUES, INCLUDING BUT NOT LIMITED 8 TO ANY ISSUES RELATING TO THE USE OF ELECTRONIC MEANS FOR FILING BY 9 UNREPRESENTED LITIGANTS, ANY RECOMMENDATIONS OF THE ADVISORY COMMITTEE 10 TO THE CHIEF ADMINISTRATOR, ALONG WITH RECOMMENDATIONS FOR LEGISLATION 11 IN RELATION TO THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF 12 ACTIONS AND PROCEEDINGS AND THE SERVICE AND FILING OF PAPERS THEREIN IN 13 THE CIVIL COURT OF THE CITY OF NEW YORK. 14 IN THE REPORT, THE CHIEF ADMINISTRATOR ALSO SHALL ADDRESS ISSUES THAT 15 BEAR UPON THE NEED FOR THE COURTS, DISTRICT ATTORNEYS AND OTHERS TO 16 RETAIN PAPERS FILED WITH COURTS OR SERVED UPON PARTIES IN CRIMINAL 17 PROCEEDINGS WHERE ELECTRONIC MEANS CAN OR HAVE BEEN USED AND MAKE RECOM- 18 MENDATIONS FOR SUCH CHANGES IN LAWS REQUIRING RETENTION OF SUCH PAPERS 19 AS THE CHIEF ADMINISTRATOR MAY DEEM APPROPRIATE. 20 (II) THE CHIEF ADMINISTRATOR SHALL MAINTAIN AN ADVISORY COMMITTEE TO 21 CONSULT WITH HIM OR HER IN THE IMPLEMENTATION OF LAWS AFFECTING THE 22 PROGRAM IN THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF CIVIL 23 ACTIONS AND PROCEEDINGS AND THE SERVICE AND FILING OF PAPERS THEREIN IN 24 THE SUPREME COURT. THIS COMMITTEE SHALL CONSIST OF SUCH NUMBER OF 25 MEMBERS AS THE CHIEF ADMINISTRATOR SHALL DESIGNATE, AMONG WHICH THERE 26 SHALL BE REPRESENTATIVES OF THE ORGANIZED BAR INCLUDING BUT NOT LIMITED 27 TO CITY, STATE, COUNTY AND WOMEN'S BAR ASSOCIATIONS; INSTITUTIONAL LEGAL 28 SERVICE PROVIDERS; NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS; ATTORNEYS 29 ASSIGNED PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW; UNAFFILIATED 30 ATTORNEYS WHO REGULARLY APPEAR IN PROCEEDINGS THAT ARE OR HAVE BEEN 31 AFFECTED BY THE PROGRAMS THAT HAVE BEEN IMPLEMENTED OR WHO MAY BE 32 AFFECTED BY ANY RECOMMENDATIONS FOR FURTHER LEGISLATION CONCERNING THE 33 USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF ACTIONS AND PROCEEDINGS 34 AND THE SERVICE AND FILING OF PAPERS THEREIN IN THE SUPREME COURT; AND 35 ANY OTHER PERSONS IN WHOSE COUNTY A PROGRAM HAS BEEN IMPLEMENTED IN ANY 36 OF THE COURTS THEREIN AS DEEMED TO BE APPROPRIATE BY THE CHIEF ADMINIS- 37 TRATOR. NO FEWER THAN HALF OF THE MEMBERS OF THIS ADVISORY COMMITTEE 38 SHALL BE UPON THE RECOMMENDATION OF THE NEW YORK STATE ASSOCIATION OF 39 COUNTY CLERKS. SUCH COMMITTEE SHALL HELP THE CHIEF ADMINISTRATOR TO 40 EVALUATE THE IMPACT OF SUCH ELECTRONIC FILING PROGRAM ON LITIGANTS 41 INCLUDING UNREPRESENTED PARTIES, PRACTITIONERS AND THE COURTS AND TO 42 OBTAIN INPUT FROM THOSE WHO ARE OR WOULD BE AFFECTED BY SUCH ELECTRONIC 43 FILING PROGRAM, INCLUDING UNREPRESENTED PARTIES, CITY, STATE, COUNTY AND 44 WOMEN'S BAR ASSOCIATIONS; INSTITUTIONAL LEGAL SERVICE PROVIDERS; 45 NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS; ATTORNEYS ASSIGNED PURSUANT TO 46 ARTICLE EIGHTEEN-B OF THE COUNTY LAW; UNAFFILIATED ATTORNEYS WHO REGU- 47 LARLY APPEAR IN PROCEEDINGS THAT ARE OR HAVE BEEN AFFECTED BY THE 48 PROGRAMS THAT HAVE BEEN IMPLEMENTED OR WHO MAY BE AFFECTED BY ANY RECOM- 49 MENDATIONS FOR FURTHER LEGISLATION CONCERNING THE USE OF THE ELECTRONIC 50 FILING PROGRAM IN THE SUPREME COURT; AND ANY OTHER PERSONS IN WHOSE 51 COUNTY A PROGRAM HAS BEEN IMPLEMENTED IN ANY OF THE COURTS THEREIN AS 52 DEEMED TO BE APPROPRIATE BY THE CHIEF ADMINISTRATOR. 53 (III) THE CHIEF ADMINISTRATOR SHALL MAINTAIN AN ADVISORY COMMITTEE TO 54 CONSULT WITH HIM OR HER IN THE IMPLEMENTATION OF LAWS AFFECTING THE 55 PROGRAM IN THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF ACTIONS 56 AND PROCEEDINGS AND THE SERVICE AND FILING OF PAPERS THEREIN IN THE A. 8083 4 1 SURROGATE'S COURT. THIS COMMITTEE SHALL CONSIST OF SUCH NUMBER OF 2 MEMBERS AS THE CHIEF ADMINISTRATOR SHALL DESIGNATE AMONG WHICH THERE 3 SHALL BE CHIEF CLERKS OF SURROGATE'S COURTS; REPRESENTATIVES OF THE 4 ORGANIZED BAR INCLUDING BUT NOT LIMITED TO CITY, STATE, COUNTY AND 5 WOMEN'S BAR ASSOCIATIONS; INSTITUTIONAL PROVIDERS OF LEGAL SERVICES; 6 NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS; ATTORNEYS ASSIGNED PURSUANT TO 7 ARTICLE EIGHTEEN-B OF THE COUNTY LAW; UNAFFILIATED ATTORNEYS WHO REGU- 8 LARLY APPEAR IN PROCEEDINGS THAT ARE OR HAVE BEEN AFFECTED BY THE 9 PROGRAMS THAT HAVE BEEN IMPLEMENTED OR WHO MAY BE AFFECTED BY ANY RECOM- 10 MENDATIONS FOR FURTHER LEGISLATION CONCERNING THE USE OF ELECTRONIC 11 MEANS FOR THE COMMENCEMENT OF ACTIONS AND PROCEEDINGS AND THE SERVICE 12 AND FILING OF PAPERS THEREIN IN THE SURROGATE'S COURT; AND ANY OTHER 13 PERSONS IN WHOSE COUNTY A PROGRAM HAS BEEN IMPLEMENTED IN ANY OF THE 14 COURTS THEREIN AS DEEMED TO BE APPROPRIATE BY THE CHIEF ADMINISTRATOR. 15 SUCH COMMITTEE SHALL HELP THE CHIEF ADMINISTRATOR TO EVALUATE THE IMPACT 16 OF SUCH ELECTRONIC FILING PROGRAM ON LITIGANTS INCLUDING UNREPRESENTED 17 PARTIES, PRACTITIONERS AND THE COURTS AND TO OBTAIN INPUT FROM THOSE WHO 18 ARE OR WOULD BE AFFECTED BY SUCH ELECTRONIC FILING PROGRAM, INCLUDING 19 UNREPRESENTED PARTIES, CITY, STATE, COUNTY AND WOMEN'S BAR ASSOCIATIONS; 20 INSTITUTIONAL LEGAL SERVICE PROVIDERS; NOT-FOR-PROFIT LEGAL SERVICE 21 PROVIDERS; ATTORNEYS ASSIGNED PURSUANT TO ARTICLE EIGHTEEN-B OF THE 22 COUNTY LAW; UNAFFILIATED ATTORNEYS WHO REGULARLY APPEAR IN PROCEEDINGS 23 THAT ARE OR HAVE BEEN AFFECTED BY THE PROGRAMS THAT HAVE BEEN IMPLE- 24 MENTED OR WHO MAY BE AFFECTED BY ANY RECOMMENDATIONS FOR FURTHER LEGIS- 25 LATION CONCERNING THE USE OF THE ELECTRONIC FILING PROGRAM IN THE SURRO- 26 GATE'S COURT; AND ANY OTHER PERSONS IN WHOSE COUNTY A PROGRAM HAS BEEN 27 IMPLEMENTED IN ANY OF THE COURTS THEREIN AS DEEMED TO BE APPROPRIATE BY 28 THE CHIEF ADMINISTRATOR. 29 (IV) THE CHIEF ADMINISTRATOR SHALL MAINTAIN AN ADVISORY COMMITTEE TO 30 CONSULT WITH HIM OR HER IN THE IMPLEMENTATION OF LAWS AFFECTING THE 31 PROGRAM IN THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF ACTIONS 32 AND PROCEEDINGS AND THE SERVICE AND FILING OF PAPERS THEREIN IN THE 33 CIVIL COURT OF THE CITY OF NEW YORK. THIS COMMITTEE SHALL CONSIST OF 34 SUCH NUMBER OF MEMBERS AS THE CHIEF ADMINISTRATOR SHALL DESIGNATE, AMONG 35 WHICH THERE SHALL BE THE CHIEF CLERK OF THE CIVIL COURT OF THE CITY OF 36 NEW YORK; REPRESENTATIVES OF THE ORGANIZED BAR INCLUDING BUT NOT LIMITED 37 TO CITY, STATE, COUNTY AND WOMEN'S BAR ASSOCIATIONS; ATTORNEYS WHO REGU- 38 LARLY APPEAR IN ACTIONS SPECIFIED IN SUBPARAGRAPH (C) OF PARAGRAPH TWO 39 OF SUBDIVISION (B) OF SECTION TWENTY-ONE HUNDRED ELEVEN OF THE CIVIL 40 PRACTICE LAW AND RULES; AND UNAFFILIATED ATTORNEYS WHO REGULARLY APPEAR 41 IN PROCEEDINGS THAT ARE OR HAVE BEEN AFFECTED BY THE PROGRAMS THAT HAVE 42 BEEN IMPLEMENTED OR WHO MAY BE AFFECTED BY ANY RECOMMENDATIONS FOR 43 FURTHER LEGISLATION CONCERNING THE USE OF ELECTRONIC MEANS FOR THE 44 COMMENCEMENT OF ACTIONS AND PROCEEDINGS AND THE SERVICE AND FILING OF 45 PAPERS THEREIN IN THE CIVIL COURT OF THE CITY OF NEW YORK; AND ANY OTHER 46 PERSONS AS DEEMED APPROPRIATE BY THE CHIEF ADMINISTRATOR. SUCH COMMITTEE 47 SHALL HELP THE CHIEF ADMINISTRATOR TO EVALUATE THE IMPACT OF SUCH ELEC- 48 TRONIC FILING PROGRAM ON LITIGANTS INCLUDING UNREPRESENTED PARTIES, 49 PRACTITIONERS AND THE COURTS AND TO OBTAIN INPUT FROM THOSE WHO ARE OR 50 WOULD BE AFFECTED BY SUCH ELECTRONIC FILING PROGRAM, INCLUDING UNREPRE- 51 SENTED PARTIES, CITY, STATE, COUNTY AND WOMEN'S BAR ASSOCIATIONS; INSTI- 52 TUTIONAL LEGAL SERVICE PROVIDERS; NOT-FOR-PROFIT LEGAL SERVICE PROVID- 53 ERS; ATTORNEYS ASSIGNED PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY 54 LAW; UNAFFILIATED ATTORNEYS WHO REGULARLY APPEAR IN PROCEEDINGS THAT ARE 55 OR HAVE BEEN AFFECTED BY THE PROGRAMS THAT HAVE BEEN IMPLEMENTED OR WHO 56 MAY BE AFFECTED BY ANY RECOMMENDATIONS FOR FURTHER LEGISLATION CONCERN- A. 8083 5 1 ING THE USE OF THE ELECTRONIC FILING PROGRAM IN THE CIVIL COURT OF THE 2 CITY OF NEW YORK; AND ANY OTHER PERSONS IN WHOSE COUNTY A PROGRAM HAS 3 BEEN IMPLEMENTED IN ANY OF THE COURTS THEREIN AS DEEMED TO BE APPROPRI- 4 ATE BY THE CHIEF ADMINISTRATOR. 5 (V) THE CHIEF ADMINISTRATOR SHALL MAINTAIN AN ADVISORY COMMITTEE TO 6 CONSULT WITH HIM OR HER IN THE IMPLEMENTATION OF LAWS AFFECTING THE 7 PROGRAM IN THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF CRIMINAL 8 ACTIONS AND THE FILING AND SERVICE OF PAPERS IN PENDING CRIMINAL ACTIONS 9 AND PROCEEDINGS, AS FIRST AUTHORIZED BY PARAGRAPH ONE OF SUBDIVISION (C) 10 OF SECTION SIX OF CHAPTER FOUR HUNDRED SIXTEEN OF THE LAWS OF TWO THOU- 11 SAND NINE, AS AMENDED BY CHAPTER ONE HUNDRED EIGHTY-FOUR OF THE LAWS OF 12 TWO THOUSAND TWELVE, IS CONTINUED. THE COMMITTEE SHALL CONSIST OF SUCH 13 NUMBER OF MEMBERS AS WILL ENABLE THE CHIEF ADMINISTRATOR TO OBTAIN INPUT 14 FROM THOSE WHO ARE OR WOULD BE AFFECTED BY SUCH ELECTRONIC FILING 15 PROGRAM, AND SUCH MEMBERS SHALL INCLUDE COUNTY CLERKS; CHIEF CLERKS OF 16 SUPREME, COUNTY AND OTHER COURTS; DISTRICT ATTORNEYS; REPRESENTATIVES OF 17 THE OFFICE OF INDIGENT LEGAL SERVICES; NOT-FOR-PROFIT LEGAL SERVICE 18 PROVIDERS; PUBLIC DEFENDERS; STATEWIDE AND LOCAL SPECIALTY BAR ASSOCI- 19 ATIONS WHOSE MEMBERSHIP DEVOTES A SIGNIFICANT PORTION OF THEIR PRACTICE 20 TO ASSIGNED CRIMINAL CASES PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) 21 OF SUBDIVISION THREE OF SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY 22 LAW; INSTITUTIONAL PROVIDERS OF CRIMINAL DEFENSE SERVICES AND OTHER 23 MEMBERS OF THE CRIMINAL DEFENSE BAR; REPRESENTATIVES OF VICTIMS' RIGHTS 24 ORGANIZATIONS; UNAFFILIATED ATTORNEYS WHO REGULARLY APPEAR IN 25 PROCEEDINGS THAT ARE OR WOULD BE AFFECTED BY SUCH ELECTRONIC FILING 26 PROGRAM AND OTHER INTERESTED MEMBERS OF THE CRIMINAL JUSTICE COMMUNITY. 27 SUCH COMMITTEE SHALL HELP THE CHIEF ADMINISTRATOR TO EVALUATE THE IMPACT 28 OF SUCH ELECTRONIC FILING PROGRAM ON LITIGANTS INCLUDING UNREPRESENTED 29 PARTIES, PRACTITIONERS AND THE COURTS AND TO OBTAIN INPUT FROM THOSE WHO 30 ARE OR WOULD BE AFFECTED BY SUCH ELECTRONIC FILING PROGRAM, INCLUDING 31 UNREPRESENTED PARTIES, DISTRICT ATTORNEYS, NOT-FOR-PROFIT LEGAL SERVICE 32 PROVIDERS, PUBLIC DEFENDERS, STATEWIDE AND LOCAL SPECIALTY BAR ASSOCI- 33 ATIONS WHOSE MEMBERSHIP DEVOTES A SIGNIFICANT PORTION OF THEIR PRACTICE 34 TO ASSIGNED CRIMINAL CASES PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) 35 OF SUBDIVISION THREE OF SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY 36 LAW; INSTITUTIONAL PROVIDERS OF CRIMINAL DEFENSE SERVICES AND OTHER 37 MEMBERS OF THE CRIMINAL DEFENSE BAR, REPRESENTATIVES OF VICTIMS' RIGHTS 38 ORGANIZATIONS, UNAFFILIATED ATTORNEYS WHO REGULARLY APPEAR IN 39 PROCEEDINGS THAT ARE OR WOULD BE AFFECTED BY SUCH ELECTRONIC FILING 40 PROGRAM AND OTHER INTERESTED MEMBERS OF THE CRIMINAL JUSTICE COMMUNITY. 41 (VI) THE CHIEF ADMINISTRATOR SHALL MAINTAIN AN ADVISORY COMMITTEE TO 42 CONSULT WITH HIM OR HER IN THE IMPLEMENTATION OF LAWS AFFECTING THE 43 PROGRAM IN THE USE OF ELECTRONIC MEANS FOR THE ORIGINATION OF JUVENILE 44 DELINQUENCY PROCEEDINGS UNDER ARTICLE THREE OF THE FAMILY COURT ACT AND 45 ABUSE OR NEGLECT PROCEEDINGS PURSUANT TO ARTICLE TEN OF THE FAMILY COURT 46 ACT IN FAMILY COURT AND THE FILING AND SERVICE OF PAPERS IN SUCH PENDING 47 PROCEEDINGS, AS FIRST AUTHORIZED BY PARAGRAPH ONE OF SUBDIVISION (D) OF 48 SECTION SIX OF CHAPTER FOUR HUNDRED SIXTEEN OF THE LAWS OF TWO THOUSAND 49 NINE, AS AMENDED BY CHAPTER ONE HUNDRED EIGHTY-FOUR OF THE LAWS OF TWO 50 THOUSAND TWELVE, IS CONTINUED. THE COMMITTEE SHALL CONSIST OF SUCH 51 NUMBER OF MEMBERS AS WILL ENABLE THE CHIEF ADMINISTRATOR TO OBTAIN INPUT 52 FROM THOSE WHO ARE OR WOULD BE AFFECTED BY SUCH ELECTRONIC FILING 53 PROGRAM, AND SUCH MEMBERS SHALL INCLUDE CHIEF CLERKS OF FAMILY COURTS; 54 REPRESENTATIVES OF AUTHORIZED PRESENTMENT AND CHILD PROTECTIVE AGENCIES; 55 OTHER APPROPRIATE COUNTY AND CITY GOVERNMENT OFFICIALS; INSTITUTIONAL 56 PROVIDERS OF LEGAL SERVICES FOR CHILDREN AND/OR PARENTS; NOT-FOR-PROFIT A. 8083 6 1 LEGAL SERVICE PROVIDERS; PUBLIC DEFENDERS; REPRESENTATIVES OF THE OFFICE 2 OF INDIGENT LEGAL SERVICES; ATTORNEYS ASSIGNED PURSUANT TO ARTICLE EIGH- 3 TEEN-B OF THE COUNTY LAW; AND OTHER MEMBERS OF THE FAMILY COURT BAR; 4 REPRESENTATIVES OF VICTIMS' RIGHTS ORGANIZATIONS; UNAFFILIATED ATTORNEYS 5 WHO REGULARLY APPEAR IN PROCEEDINGS THAT ARE OR WOULD BE AFFECTED BY 6 SUCH ELECTRONIC FILING PROGRAM; AND OTHER INTERESTED MEMBERS OF THE 7 FAMILY PRACTICE COMMUNITY. SUCH COMMITTEE SHALL HELP THE CHIEF ADMINIS- 8 TRATOR TO EVALUATE THE IMPACT OF SUCH ELECTRONIC FILING PROGRAM ON LITI- 9 GANTS INCLUDING UNREPRESENTED PARTIES, PRACTITIONERS AND THE COURTS AND 10 TO OBTAIN INPUT FROM THOSE WHO ARE OR WOULD BE AFFECTED BY SUCH ELEC- 11 TRONIC FILING PROGRAM, INCLUDING UNREPRESENTED PARTIES, REPRESENTATIVES 12 OF AUTHORIZED PRESENTMENT AND CHILD PROTECTIVE AGENCIES, OTHER APPROPRI- 13 ATE COUNTY AND CITY GOVERNMENT OFFICIALS, INSTITUTIONAL PROVIDERS OF 14 LEGAL SERVICES FOR CHILDREN AND/OR PARENTS, NOT-FOR-PROFIT LEGAL SERVICE 15 PROVIDERS, PUBLIC DEFENDERS, ATTORNEYS ASSIGNED PURSUANT TO ARTICLE 16 EIGHTEEN-B OF THE COUNTY LAW AND OTHER MEMBERS OF THE FAMILY COURT BAR, 17 REPRESENTATIVES OF VICTIMS' RIGHTS ORGANIZATIONS, UNAFFILIATED ATTORNEYS 18 WHO REGULARLY APPEAR IN PROCEEDINGS THAT ARE OR WOULD BE AFFECTED BY 19 SUCH ELECTRONIC FILING PROGRAM, AND OTHER INTERESTED MEMBERS OF THE 20 CRIMINAL JUSTICE COMMUNITY. 21 S 2. The civil practice law and rules is amended by adding a new arti- 22 cle 21-A to read as follows: 23 ARTICLE 21-A 24 FILING OF PAPERS IN THE COURTS BY FACSIMILE 25 TRANSMISSION AND BY ELECTRONIC MEANS 26 SECTION 2110. DEFINITIONS. 27 2111. FILING OF PAPERS IN THE TRIAL COURTS BY FACSIMILE TRANS- 28 MISSION AND BY ELECTRONIC MEANS. 29 2112. FILING OF PAPERS IN THE APPELLATE DIVISION BY ELECTRONIC 30 MEANS. 31 S 2110. DEFINITIONS. FOR PURPOSES OF THIS SECTION, "FACSIMILE TRANS- 32 MISSION" AND "ELECTRONIC MEANS" SHALL BE AS DEFINED IN SUBDIVISION (F) 33 OF RULE 2103 OF THIS CHAPTER. 34 S 2111. FILING OF PAPERS IN THE TRIAL COURTS BY FACSIMILE TRANSMISSION 35 AND BY ELECTRONIC MEANS. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, 36 THE CHIEF ADMINISTRATOR OF THE COURTS, WITH THE APPROVAL OF THE ADMINIS- 37 TRATIVE BOARD OF THE COURTS, MAY PROMULGATE RULES AUTHORIZING A PROGRAM 38 IN THE USE OF FACSIMILE TRANSMISSION ONLY IN THE COURT OF CLAIMS AND 39 ELECTRONIC MEANS IN THE SUPREME COURT, THE CIVIL COURT OF THE CITY OF 40 NEW YORK, SURROGATE'S COURTS AND THE COURT OF CLAIMS FOR: (I) THE 41 COMMENCEMENT OF CIVIL ACTIONS AND PROCEEDINGS, AND (II) THE FILING AND 42 SERVICE OF PAPERS IN PENDING ACTIONS AND PROCEEDINGS. PROVIDED, HOWEVER, 43 THE CHIEF ADMINISTRATOR SHALL CONSULT WITH THE COUNTY CLERK OF A COUNTY 44 OUTSIDE THE CITY OF NEW YORK BEFORE THE USE OF ELECTRONIC MEANS IS TO BE 45 AUTHORIZED IN THE SUPREME COURT OF SUCH COUNTY, AFFORD HIM OR HER THE 46 OPPORTUNITY TO SUBMIT COMMENTS WITH RESPECT THERETO, CONSIDER ANY SUCH 47 COMMENTS AND OBTAIN THE AGREEMENT THERETO OF SUCH COUNTY CLERK. 48 (B) 1. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH TWO OF THIS SUBDIVI- 49 SION, PARTICIPATION IN THIS PROGRAM SHALL BE STRICTLY VOLUNTARY, AND 50 WILL TAKE PLACE ONLY UPON CONSENT OF ALL PARTIES IN THE ACTION OR 51 SPECIAL PROCEEDING; EXCEPT THAT A PARTY'S FAILURE TO CONSENT TO PARTIC- 52 IPATION SHALL NOT BAR ANY OTHER PARTY TO THE ACTION OR PROCEEDING FROM 53 FILING AND SERVING PAPERS BY FACSIMILE TRANSMISSION OR ELECTRONIC MEANS 54 UPON THE COURT OR ANY OTHER PARTY TO SUCH ACTION OR PROCEEDING WHO HAS 55 CONSENTED TO PARTICIPATION. COMMENCEMENT OF AN ACTION BY ELECTRONIC 56 MEANS OR BY FACSIMILE TRANSMISSION SHALL NOT REQUIRE THE CONSENT OF ANY A. 8083 7 1 OTHER PARTY. NO PARTY SHALL BE COMPELLED, DIRECTLY OR INDIRECTLY, TO 2 PARTICIPATE IN E-FILING. ALL PARTIES SHALL BE NOTIFIED CLEARLY, IN PLAIN 3 LANGUAGE, ABOUT THEIR OPTIONS TO PARTICIPATE IN E-FILING. WHERE A PARTY 4 IS NOT REPRESENTED BY COUNSEL, THE CLERK SHALL EXPLAIN SUCH PARTY'S 5 OPTIONS FOR ELECTRONIC FILING IN PLAIN LANGUAGE, INCLUDING THE OPTION 6 FOR EXPEDITED PROCESSING, AND SHALL INQUIRE WHETHER HE OR SHE WISHES TO 7 PARTICIPATE, PROVIDED HOWEVER THE UNREPRESENTED LITIGANT MAY PARTICIPATE 8 IN THE PROGRAM ONLY UPON HIS OR HER REQUEST, WHICH SHALL BE DOCUMENTED 9 IN THE CASE FILE, AFTER SAID PARTY HAS BEEN PRESENTED WITH SUFFICIENT 10 INFORMATION IN PLAIN LANGUAGE CONCERNING THE PROGRAM. 11 2. IN THE RULES PROMULGATED PURSUANT TO SUBDIVISION (A) OF THIS 12 SECTION, THE CHIEF ADMINISTRATOR MAY ELIMINATE THE REQUIREMENT OF 13 CONSENT TO PARTICIPATION IN THIS PROGRAM IN: 14 (A) ONE OR MORE CLASSES OF CASES (EXCLUDING MATRIMONIAL ACTIONS AS 15 DEFINED BY THE CIVIL PRACTICE LAW AND RULES, ELECTION LAW PROCEEDINGS, 16 PROCEEDINGS BROUGHT PURSUANT TO ARTICLE SEVENTY OR SEVENTY-EIGHT OF THIS 17 CHAPTER, PROCEEDINGS BROUGHT PURSUANT TO THE MENTAL HYGIENE LAW, RESI- 18 DENTIAL FORECLOSURE ACTIONS INVOLVING A HOME LOAN AS SUCH TERM IS 19 DEFINED IN SECTION THIRTEEN HUNDRED FOUR OF THE REAL PROPERTY ACTIONS 20 AND PROCEEDINGS LAW AND PROCEEDINGS RELATED TO CONSUMER CREDIT TRANS- 21 ACTIONS AS DEFINED IN SUBDIVISION (F) OF SECTION ONE HUNDRED FIVE OF 22 THIS CHAPTER, EXCEPT THAT THE CHIEF ADMINISTRATOR, IN ACCORDANCE WITH 23 THIS PARAGRAPH, MAY ELIMINATE THE REQUIREMENT OF CONSENT TO PARTICIPATE 24 IN THIS PROGRAM INSOFAR AS IT APPLIES TO THE INITIAL FILING BY A REPRES- 25 ENTED PARTY OF PAPERS REQUIRED FOR THE COMMENCEMENT OF RESIDENTIAL FORE- 26 CLOSURE ACTIONS INVOLVING A HOME LOAN AS SUCH TERM IS DEFINED IN SECTION 27 THIRTEEN HUNDRED FOUR OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW 28 AND THE INITIAL FILING BY A REPRESENTED PARTY OF PAPERS REQUIRED FOR THE 29 COMMENCEMENT OF PROCEEDINGS RELATED TO CONSUMER CREDIT TRANSACTIONS AS 30 DEFINED IN SUBDIVISION (F) OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER) 31 IN SUPREME COURT IN SUCH COUNTIES AS HE OR SHE SHALL SPECIFY, AND 32 (B) ONE OR MORE CLASSES OF CASES IN SURROGATE'S COURT IN SUCH COUNTIES 33 AS HE OR SHE SHALL SPECIFY, AND 34 (C) ACTIONS IN THE CIVIL COURT OF THE CITY OF NEW YORK BROUGHT BY A 35 PROVIDER OF HEALTH CARE SERVICES SPECIFIED IN PARAGRAPH ONE OF 36 SUBSECTION (A) OF SECTION FIVE THOUSAND ONE HUNDRED TWO OF THE INSURANCE 37 LAW AGAINST AN INSURER FOR FAILURE TO COMPLY WITH THE RULES AND REGU- 38 LATIONS PROMULGATED BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT 39 TO SUBSECTION (B) OF SECTION FIVE THOUSAND ONE HUNDRED EIGHT OF SUCH 40 LAW. 41 (I) NOTWITHSTANDING THE FOREGOING, THE CHIEF ADMINISTRATOR SHALL NOT 42 ELIMINATE THE REQUIREMENT OF CONSENT IN ANY COUNTY UNTIL AFTER HE OR SHE 43 SHALL HAVE CONSULTED WITH MEMBERS OF THE ORGANIZED BAR INCLUDING BUT NOT 44 LIMITED TO CITY, STATE, COUNTY AND WOMEN'S BAR ASSOCIATIONS; WITH INSTI- 45 TUTIONAL LEGAL SERVICE PROVIDERS; WITH NOT-FOR-PROFIT LEGAL SERVICE 46 PROVIDERS; WITH ATTORNEYS ASSIGNED PURSUANT TO ARTICLE EIGHTEEN-B OF THE 47 COUNTY LAW; WITH UNAFFILIATED ATTORNEYS WHO REGULARLY APPEAR IN 48 PROCEEDINGS THAT ARE OR HAVE BEEN AFFECTED BY ANY PROGRAM OF ELECTRONIC 49 FILING IN SUCH COUNTY THAT REQUIRES CONSENT OR WHO WOULD BE AFFECTED BY 50 A PROGRAM OF ELECTRONIC FILING IN SUCH COUNTY SHOULD THE REQUIREMENT OF 51 CONSENT BE ELIMINATED; WITH ANY OTHER PERSONS IN THE COUNTY AS DEEMED TO 52 BE APPROPRIATE BY THE CHIEF ADMINISTRATOR; AND WITH THE COUNTY CLERK OF 53 SUCH COUNTY (WHERE THE AFFECTED COURT IS THE SUPREME COURT OF A COUNTY 54 OUTSIDE THE CITY OF NEW YORK), AND 55 (II) ONLY AFTER AFFORDING THEM THE OPPORTUNITY TO SUBMIT COMMENTS WITH 56 RESPECT THERETO, CONSIDERING ANY SUCH COMMENTS, INCLUDING BUT NOT LIMIT- A. 8083 8 1 ED TO COMMENTS RELATED TO UNREPRESENTED LITIGANTS AND, IN THE INSTANCE 2 OF ANY COUNTY OUTSIDE THE CITY OF NEW YORK, OBTAINING THE AGREEMENT 3 THERETO OF THE COUNTY CLERK THEREOF. ALL SUCH COMMENTS SHALL BE POSTED 4 FOR PUBLIC REVIEW ON THE OFFICE OF COURT ADMINISTRATION'S WEBSITE. 5 2-A. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH TWO OF THIS SUBDIVI- 6 SION, THE EXCLUSION IN SUCH PARAGRAPH OF RESIDENTIAL FORECLOSURE ACTIONS 7 INVOLVING A HOME LOAN AS SUCH TERM IS DEFINED IN SECTION THIRTEEN 8 HUNDRED FOUR OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW FROM THOSE 9 CLASSES OF CASES IN WHICH THE CHIEF ADMINISTRATOR MAY ELIMINATE THE 10 REQUIREMENT OF CONSENT TO PARTICIPATION IN A PROGRAM IN THE USE OF ELEC- 11 TRONIC MEANS SHALL NOT APPLY TO ANY COUNTY IN WHICH, PRIOR TO THE EFFEC- 12 TIVE DATE OF THIS SECTION, THE CHIEF ADMINISTRATOR HAD ELIMINATED THE 13 REQUIREMENT OF CONSENT TO PARTICIPATION IN SUCH A PROGRAM IN SUCH FORE- 14 CLOSURE ACTIONS, SPECIFICALLY ERIE, ESSEX, NEW YORK, QUEENS, ROCKLAND, 15 SUFFOLK AND WESTCHESTER COUNTIES; AND THE EXCLUSION IN SUCH PARAGRAPH OF 16 PROCEEDINGS RELATED TO CONSUMER CREDIT TRANSACTIONS AS DEFINED IN SUBDI- 17 VISION (F) OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER FROM THOSE CLASS- 18 ES OF CASES IN WHICH THE CHIEF ADMINISTRATOR MAY ELIMINATE THE REQUIRE- 19 MENT OF CONSENT TO PARTICIPATION IN A PROGRAM IN THE USE OF ELECTRONIC 20 MEANS SHALL NOT APPLY TO ANY COUNTY IN WHICH, PRIOR TO THE EFFECTIVE 21 DATE OF THIS SECTION, THE CHIEF ADMINISTRATOR HAD ELIMINATED THE 22 REQUIREMENT OF CONSENT TO PARTICIPATION IN SUCH A PROGRAM IN SUCH 23 PROCEEDINGS RELATED TO CONSUMER CREDIT TRANSACTIONS, SPECIFICALLY ERIE, 24 NEW YORK, ONONDAGA, ROCKLAND AND WESTCHESTER COUNTIES. 25 3. WHERE THE CHIEF ADMINISTRATOR ELIMINATES THE REQUIREMENT OF CONSENT 26 AS PROVIDED IN PARAGRAPH TWO OF THIS SUBDIVISION, HE OR SHE SHALL AFFORD 27 COUNSEL THE OPPORTUNITY TO OPT OUT OF THE PROGRAM, VIA PRESENTATION OF A 28 PRESCRIBED FORM TO BE FILED WITH THE CLERK OF THE COURT WHERE THE ACTION 29 IS PENDING. SAID FORM SHALL PERMIT AN ATTORNEY TO OPT OUT OF PARTIC- 30 IPATION IN THE PROGRAM UNDER ANY OF THE FOLLOWING CIRCUMSTANCES, IN 31 WHICH EVENT, HE OR SHE WILL NOT BE COMPELLED TO PARTICIPATE: 32 (A) WHERE THE ATTORNEY CERTIFIES IN GOOD FAITH THAT HE OR SHE LACKS 33 THE COMPUTER HARDWARE AND/OR CONNECTION TO THE INTERNET AND/OR SCANNER 34 OR OTHER DEVICE BY WHICH DOCUMENTS MAY BE CONVERTED TO AN ELECTRONIC 35 FORMAT; OR 36 (B) WHERE THE ATTORNEY CERTIFIES IN GOOD FAITH THAT HE OR SHE LACKS 37 THE REQUISITE KNOWLEDGE IN THE OPERATION OF SUCH COMPUTERS AND/OR SCAN- 38 NERS NECESSARY TO PARTICIPATE. FOR THE PURPOSES OF THIS SUBPARAGRAPH, 39 THE KNOWLEDGE OF ANY EMPLOYEE OF AN ATTORNEY, OR ANY EMPLOYEE OF THE 40 ATTORNEY'S LAW FIRM, OFFICE OR BUSINESS WHO IS SUBJECT TO SUCH ATTOR- 41 NEY'S DIRECTION, SHALL BE IMPUTED TO THE ATTORNEY. 42 NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, WHERE A PARTY 43 IS NOT REPRESENTED BY COUNSEL, THE CLERK SHALL EXPLAIN SUCH PARTY'S 44 OPTIONS FOR ELECTRONIC FILING IN PLAIN LANGUAGE AND SHALL INQUIRE WHETH- 45 ER HE OR SHE WISHES TO PARTICIPATE, PROVIDED HOWEVER THE UNREPRESENTED 46 LITIGANT MAY PARTICIPATE IN THE PROGRAM ONLY UPON HIS OR HER REQUEST 47 AFTER SAID PARTY HAS BEEN PRESENTED WITH SUFFICIENT INFORMATION IN PLAIN 48 LANGUAGE CONCERNING THE PROGRAM; AND A PARTY NOT REPRESENTED BY COUNSEL 49 WHO HAS CHOSEN TO PARTICIPATE IN THE PROGRAM SHALL BE AFFORDED THE 50 OPPORTUNITY TO OPT OUT OF THE PROGRAM FOR ANY REASON VIA PRESENTATION OF 51 A PRESCRIBED FORM TO BE FILED WITH THE CLERK OF THE COURT WHERE THE 52 PROCEEDING IS PENDING; AND A COURT MAY EXEMPT ANY ATTORNEY FROM BEING 53 REQUIRED TO PARTICIPATE IN THE PROGRAM UPON APPLICATION FOR SUCH 54 EXEMPTION, SHOWING GOOD CAUSE THEREFOR. 55 (C) FOR PURPOSES OF THIS SECTION, "THE FILING AND SERVICE OF PAPERS IN 56 PENDING ACTIONS AND PROCEEDINGS" SHALL INCLUDE THE FILING AND SERVICE OF A. 8083 9 1 A NOTICE OF APPEAL PURSUANT TO SECTION FIFTY-FIVE HUNDRED FIFTEEN OF 2 THIS CHAPTER. 3 S 2112. FILING OF PAPERS IN THE APPELLATE DIVISION BY ELECTRONIC 4 MEANS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND EXCEPT AS OTHER- 5 WISE PROVIDED IN SUBDIVISION (C) OF SECTION TWENTY-ONE HUNDRED ELEVEN OF 6 THIS ARTICLE, THE APPELLATE DIVISION IN EACH JUDICIAL DEPARTMENT MAY 7 PROMULGATE RULES AUTHORIZING A PROGRAM IN THE USE OF ELECTRONIC MEANS 8 FOR: (I) APPEALS TO SUCH COURT FROM THE JUDGMENT OR ORDER OF A COURT OF 9 ORIGINAL INSTANCE OR FROM THAT OF ANOTHER APPELLATE COURT, (II) MAKING A 10 MOTION FOR PERMISSION TO APPEAL TO SUCH COURT, (III) COMMENCEMENT OF ANY 11 OTHER PROCEEDING THAT MAY BE BROUGHT IN SUCH COURT, AND (IV) THE FILING 12 AND SERVICE OF PAPERS IN PENDING ACTIONS AND PROCEEDINGS. PROVIDED 13 HOWEVER, THE APPELLATE DIVISION MAY NOT ELIMINATE THE REQUIREMENT OF 14 CONSENT TO PARTICIPATION IN APPEALS IN SUCH A PROGRAM INVOLVING MATRIMO- 15 NIAL ACTIONS AS DEFINED BY THIS CHAPTER, ELECTION LAW PROCEEDINGS, 16 PROCEEDINGS BROUGHT PURSUANT TO ARTICLE SEVENTY OR SEVENTY-EIGHT OF THIS 17 CHAPTER, PROCEEDINGS BROUGHT PURSUANT TO THE MENTAL HYGIENE LAW, RESI- 18 DENTIAL FORECLOSURE ACTIONS INVOLVING A HOME LOAN AS SUCH TERM IS 19 DEFINED IN SECTION THIRTEEN HUNDRED FOUR OF THE REAL PROPERTY ACTIONS 20 AND PROCEEDINGS LAW AND PROCEEDINGS RELATED TO CONSUMER CREDIT TRANS- 21 ACTIONS AS DEFINED IN SUBDIVISION (F) OF SECTION ONE HUNDRED FIVE OF 22 THIS CHAPTER; AND SUCH RULES SHALL NOT REQUIRE AN UNREPRESENTED PARTY OR 23 ANY ATTORNEY WHO FURNISHES A CERTIFICATE SPECIFIED IN SUBPARAGRAPH (A) 24 OR (B) OF PARAGRAPH THREE OF SUBDIVISION (B) OF SECTION TWENTY-ONE 25 HUNDRED ELEVEN OF THIS ARTICLE TO TAKE OR PERFECT AN APPEAL BY ELECTRON- 26 IC MEANS. PROVIDED FURTHER, HOWEVER, BEFORE PROMULGATING ANY SUCH RULES, 27 THE APPELLATE DIVISION IN EACH JUDICIAL DEPARTMENT SHALL CONSULT WITH 28 THE CHIEF ADMINISTRATOR OF THE COURTS AND SHALL PROVIDE AN OPPORTUNITY 29 FOR REVIEW AND COMMENT BY ALL THOSE WHO ARE OR WOULD BE AFFECTED INCLUD- 30 ING CITY, STATE, COUNTY AND WOMEN'S BAR ASSOCIATIONS; INSTITUTIONAL 31 LEGAL SERVICE PROVIDERS; NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS; ATTOR- 32 NEYS ASSIGNED PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW; UNAFFIL- 33 IATED ATTORNEYS WHO REGULARLY APPEAR IN PROCEEDINGS THAT ARE OR HAVE 34 BEEN AFFECTED BY THE PROGRAMS THAT HAVE BEEN IMPLEMENTED OR WHO MAY BE 35 AFFECTED BY PROMULGATION OF RULES CONCERNING THE USE OF THE ELECTRONIC 36 FILING PROGRAM IN THE APPELLATE DIVISION OF ANY JUDICIAL DEPARTMENT; AND 37 ANY OTHER PERSONS IN WHOSE COUNTY A PROGRAM HAS BEEN IMPLEMENTED IN ANY 38 OF THE COURTS THEREIN AS DEEMED TO BE APPROPRIATE BY ANY APPELLATE DIVI- 39 SION. TO THE EXTENT PRACTICABLE, RULES PROMULGATED BY THE APPELLATE 40 DIVISION IN EACH JUDICIAL DEPARTMENT PURSUANT TO THIS SECTION SHALL BE 41 UNIFORM. 42 S 3. The court of claims act is amended by adding a new section 11-b 43 to read as follows: 44 S 11-B. USE OF FACSIMILE TRANSMISSION AND ELECTRONIC FILING AUTHOR- 45 IZED. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHIEF ADMINIS- 46 TRATOR OF THE COURTS, WITH THE APPROVAL OF THE ADMINISTRATIVE BOARD OF 47 THE COURTS, MAY AUTHORIZE A PROGRAM IN THE VOLUNTARY USE OF FACSIMILE 48 TRANSMISSION AND ELECTRONIC MEANS IN THE COURT AS PROVIDED IN ARTICLE 49 TWENTY-ONE-A OF THE CIVIL PRACTICE LAW AND RULES. 50 2. FOR PURPOSES OF THIS SECTION, "FACSIMILE TRANSMISSION" AND "ELEC- 51 TRONIC MEANS" SHALL BE AS DEFINED IN SUBDIVISION (F) OF RULE TWENTY-ONE 52 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. 53 S 4. Section 10.40 of the criminal procedure law, as added by chapter 54 47 of the laws of 1984, is amended to read as follows: 55 S 10.40 Chief administrator to prescribe forms AND TO AUTHORIZE USE OF 56 ELECTRONIC FILING. A. 8083 10 1 1. The chief administrator of the courts shall have the power to 2 adopt, amend and rescind forms for the efficient and just administration 3 of this chapter. A failure by any party to submit papers in compliance 4 with forms authorized by this section shall not be grounds for that 5 reason alone for denial or granting of any motion. 6 2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHIEF ADMINIS- 7 TRATOR, WITH THE APPROVAL OF THE ADMINISTRATIVE BOARD OF THE COURTS, MAY 8 PROMULGATE RULES AUTHORIZING A PROGRAM IN THE USE OF ELECTRONIC MEANS 9 ("E-FILING") IN THE SUPREME COURT AND IN THE COUNTY COURT FOR (I) THE 10 FILING WITH A COURT OF AN ACCUSATORY INSTRUMENT FOR THE PURPOSE OF 11 COMMENCEMENT OF A CRIMINAL ACTION OR PROCEEDING IN A SUPERIOR COURT, AS 12 PROVIDED BY ARTICLES ONE HUNDRED NINETY-FIVE AND TWO HUNDRED OF THIS 13 CHAPTER, AND (II) THE FILING AND SERVICE OF PAPERS IN PENDING CRIMINAL 14 ACTIONS AND PROCEEDINGS. PROVIDED, HOWEVER, THE CHIEF ADMINISTRATOR 15 SHALL CONSULT WITH THE COUNTY CLERK OF A COUNTY OUTSIDE THE CITY OF NEW 16 YORK BEFORE THE USE OF ELECTRONIC MEANS IS TO BE AUTHORIZED IN THE 17 SUPREME COURT OR COUNTY COURT OF SUCH COUNTY, AFFORD HIM OR HER THE 18 OPPORTUNITY TO SUBMIT COMMENTS WITH RESPECT THERETO, CONSIDER ANY SUCH 19 COMMENTS AND OBTAIN THE AGREEMENT THERETO OF SUCH COUNTY CLERK. 20 (B) (I) EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH, PARTICIPATION 21 IN THIS PROGRAM SHALL BE STRICTLY VOLUNTARY AND WILL TAKE PLACE ONLY 22 UPON CONSENT OF ALL PARTIES IN THE CRIMINAL ACTION OR PROCEEDING; EXCEPT 23 THAT A PARTY'S FAILURE TO CONSENT TO PARTICIPATION SHALL NOT BAR ANY 24 OTHER PARTY TO THE ACTION FROM FILING AND SERVING PAPERS BY ELECTRONIC 25 MEANS UPON THE COURT OR ANY OTHER PARTY TO SUCH ACTION OR PROCEEDING WHO 26 HAS CONSENTED TO PARTICIPATION. FILING AN ACCUSATORY INSTRUMENT BY 27 ELECTRONIC MEANS WITH THE COURT FOR THE PURPOSE OF COMMENCEMENT OF A 28 CRIMINAL ACTION OR PROCEEDING SHALL NOT REQUIRE THE CONSENT OF ANY OTHER 29 PARTY; PROVIDED, HOWEVER, THAT UPON SUCH FILING ANY PERSON WHO IS THE 30 SUBJECT OF SUCH ACCUSATORY INSTRUMENT AND ANY ATTORNEY FOR SUCH PERSON 31 SHALL BE PERMITTED TO IMMEDIATELY REVIEW AND OBTAIN COPIES OF SUCH 32 INSTRUMENT IF SUCH PERSON OR ATTORNEY WOULD HAVE BEEN AUTHORIZED BY LAW 33 TO REVIEW OR COPY SUCH INSTRUMENT IF IT HAD BEEN FILED WITH THE COURT IN 34 PAPER FORM. 35 NO PARTY SHALL BE COMPELLED, DIRECTLY OR INDIRECTLY, TO PARTICIPATE IN 36 E-FILING. ALL PARTIES SHALL BE NOTIFIED CLEARLY, IN PLAIN LANGUAGE, 37 ABOUT THEIR OPTIONS TO PARTICIPATE IN E-FILING. WHERE A PARTY IS NOT 38 REPRESENTED BY COUNSEL, THE CLERK SHALL EXPLAIN SUCH PARTY'S OPTIONS FOR 39 ELECTRONIC FILING IN PLAIN LANGUAGE, INCLUDING THE OPTION FOR EXPEDITED 40 PROCESSING, AND SHALL INQUIRE WHETHER HE OR SHE WISHES TO PARTICIPATE, 41 PROVIDED HOWEVER THE UNREPRESENTED LITIGANT MAY PARTICIPATE IN THE 42 PROGRAM ONLY UPON HIS OR HER REQUEST, WHICH SHALL BE DOCUMENTED IN THE 43 CASE FILE, AFTER SAID PARTY HAS BEEN PRESENTED WITH SUFFICIENT INFORMA- 44 TION IN PLAIN LANGUAGE CONCERNING THE PROGRAM. 45 (II) THE CHIEF ADMINISTRATOR MAY ELIMINATE THE REQUIREMENT OF CONSENT 46 TO PARTICIPATION IN THIS PROGRAM IN SUPREME AND COUNTY COURTS OF NOT 47 MORE THAN SIX COUNTIES PROVIDED HE OR SHE MAY NOT ELIMINATE SUCH 48 REQUIREMENT FOR A COURT WITHOUT THE CONSENT OF THE DISTRICT ATTORNEY, 49 THE CONSENT OF THE CRIMINAL DEFENSE BAR AS DEFINED IN SUBDIVISION THREE 50 OF THIS SECTION AND THE CONSENT OF THE COUNTY CLERK OF THE COUNTY IN 51 WHICH SUCH COURT PRESIDES. 52 NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBPARAGRAPH, THE 53 CHIEF ADMINISTRATOR SHALL NOT ELIMINATE THE REQUIREMENT OF CONSENT TO 54 PARTICIPATION IN A COUNTY HEREUNDER UNTIL HE OR SHE SHALL HAVE PROVIDED 55 ALL PERSONS AND ORGANIZATIONS, OR THEIR REPRESENTATIVE OR REPRESEN- 56 TATIVES, WHO REGULARLY APPEAR IN CRIMINAL ACTIONS OR PROCEEDINGS IN THE A. 8083 11 1 SUPERIOR COURT OF SUCH COUNTY WITH REASONABLE NOTICE AND OPPORTUNITY TO 2 SUBMIT COMMENTS WITH RESPECT THERETO AND SHALL HAVE GIVEN DUE CONSIDER- 3 ATION TO ALL SUCH COMMENTS, NOR UNTIL HE OR SHE SHALL HAVE CONSULTED 4 WITH THE MEMBERS OF THE ADVISORY COMMITTEE SPECIFIED IN SUBPARAGRAPH (V) 5 OF PARAGRAPH (T) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE 6 JUDICIARY LAW. 7 (C) WHERE THE CHIEF ADMINISTRATOR ELIMINATES THE REQUIREMENT OF 8 CONSENT AS PROVIDED IN SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SUBDI- 9 VISION, HE OR SHE SHALL AFFORD COUNSEL THE OPPORTUNITY TO OPT OUT OF THE 10 PROGRAM, VIA PRESENTATION OF A PRESCRIBED FORM TO BE FILED WITH THE 11 COURT WHERE THE CRIMINAL ACTION IS PENDING. SAID FORM SHALL PERMIT AN 12 ATTORNEY TO OPT OUT OF PARTICIPATION IN THE PROGRAM UNDER ANY OF THE 13 FOLLOWING CIRCUMSTANCES, IN WHICH EVENT, HE OR SHE WILL NOT BE COMPELLED 14 TO PARTICIPATE: 15 (I) WHERE THE ATTORNEY CERTIFIES IN GOOD FAITH THAT HE OR SHE LACKS 16 APPROPRIATE COMPUTER HARDWARE AND/OR CONNECTION TO THE INTERNET AND/OR 17 SCANNER OR OTHER DEVICE BY WHICH DOCUMENTS MAY BE CONVERTED TO AN ELEC- 18 TRONIC FORMAT; OR 19 (II) WHERE THE ATTORNEY CERTIFIES IN GOOD FAITH THAT HE OR SHE LACKS 20 THE REQUISITE KNOWLEDGE IN THE OPERATION OF SUCH COMPUTERS AND/OR SCAN- 21 NERS NECESSARY TO PARTICIPATE. FOR THE PURPOSES OF THIS SUBPARAGRAPH, 22 THE KNOWLEDGE OF ANY EMPLOYEE OF AN ATTORNEY, OR ANY EMPLOYEE OF THE 23 ATTORNEY'S LAW FIRM, OFFICE OR BUSINESS WHO IS SUBJECT TO SUCH ATTOR- 24 NEY'S DIRECTION, SHALL BE IMPUTED TO THE ATTORNEY. 25 NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS PARAGRAPH: (A) WHERE 26 A PARTY IS NOT REPRESENTED BY COUNSEL, THE CLERK SHALL EXPLAIN SUCH 27 PARTY'S OPTIONS FOR ELECTRONIC FILING IN PLAIN LANGUAGE, INCLUDING THE 28 OPTION FOR EXPEDITED PROCESSING, AND SHALL INQUIRE WHETHER HE OR SHE 29 WISHES TO PARTICIPATE, PROVIDED HOWEVER THE UNREPRESENTED LITIGANT MAY 30 PARTICIPATE IN THE PROGRAM ONLY UPON HIS OR HER REQUEST, WHICH SHALL BE 31 DOCUMENTED IN THE CASE FILE, AFTER SAID PARTY HAS BEEN PRESENTED WITH 32 SUFFICIENT INFORMATION IN PLAIN LANGUAGE CONCERNING THE PROGRAM; (B) A 33 PARTY NOT REPRESENTED BY COUNSEL WHO HAS CHOSEN TO PARTICIPATE IN THE 34 PROGRAM SHALL BE AFFORDED THE OPPORTUNITY TO OPT OUT OF THE PROGRAM FOR 35 ANY REASON VIA PRESENTATION OF A PRESCRIBED FORM TO BE FILED WITH THE 36 CLERK OF THE COURT WHERE THE PROCEEDING IS PENDING; AND (C) A COURT MAY 37 EXEMPT ANY ATTORNEY FROM BEING REQUIRED TO PARTICIPATE IN THE PROGRAM 38 UPON APPLICATION FOR SUCH EXEMPTION, SHOWING GOOD CAUSE THEREFOR. 39 (D)(I) NOTHING IN THIS SECTION SHALL AFFECT OR CHANGE ANY EXISTING 40 LAWS GOVERNING THE SEALING AND CONFIDENTIALITY OF COURT RECORDS IN CRIM- 41 INAL PROCEEDINGS OR ACCESS TO COURT RECORDS BY THE PARTIES TO SUCH 42 PROCEEDINGS, NOR SHALL THIS SECTION BE CONSTRUED TO COMPEL A PARTY TO 43 FILE A SEALED DOCUMENT BY ELECTRONIC MEANS. 44 (II) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO PAPER OR 45 DOCUMENT THAT IS FILED BY ELECTRONIC MEANS IN A CRIMINAL PROCEEDING IN 46 SUPREME COURT OR COUNTY COURT SHALL BE AVAILABLE FOR PUBLIC INSPECTION 47 ON-LINE. SUBJECT TO THE PROVISIONS OF EXISTING LAWS GOVERNING THE SEAL- 48 ING AND CONFIDENTIALITY OF COURT RECORDS, NOTHING HEREIN SHALL PREVENT 49 THE UNIFIED COURT SYSTEM FROM SHARING STATISTICAL INFORMATION THAT DOES 50 NOT INCLUDE ANY PAPERS OR DOCUMENTS FILED WITH THE ACTION; AND, PROVIDED 51 FURTHER, THAT THIS PARAGRAPH SHALL NOT PROHIBIT THE CHIEF ADMINISTRATOR, 52 IN THE EXERCISE OF HIS OR HER DISCRETION, FROM POSTING PAPERS OR DOCU- 53 MENTS THAT HAVE NOT BEEN SEALED PURSUANT TO LAW ON A PUBLIC WEBSITE 54 MAINTAINED BY THE UNIFIED COURT SYSTEM WHERE: (A) THE WEBSITE IS NOT THE 55 WEBSITE ESTABLISHED BY THE RULES PROMULGATED PURSUANT TO PARAGRAPH (A) 56 OF THIS SUBDIVISION, AND (B) TO DO SO WOULD BE IN THE PUBLIC INTEREST. A. 8083 12 1 FOR PURPOSES OF THIS SUBPARAGRAPH, THE CHIEF ADMINISTRATOR, IN DETERMIN- 2 ING WHETHER POSTING PAPERS OR DOCUMENTS ON A PUBLIC WEBSITE IS IN THE 3 PUBLIC INTEREST, SHALL, AT A MINIMUM, TAKE INTO ACCOUNT FOR EACH POSTING 4 THE FOLLOWING FACTORS: (A) THE TYPE OF CASE INVOLVED; (B) WHETHER SUCH 5 POSTING WOULD CAUSE HARM TO ANY PERSON, INCLUDING ESPECIALLY A MINOR OR 6 CRIME VICTIM; (C) WHETHER SUCH POSTING WOULD INCLUDE LEWD OR SCANDALOUS 7 MATTERS; AND (D) THE POSSIBILITY THAT SUCH PAPERS OR DOCUMENTS MAY ULTI- 8 MATELY BE SEALED. 9 (III) NOTHING IN THIS SECTION SHALL AFFECT OR CHANGE EXISTING LAWS 10 GOVERNING SERVICE OF PROCESS, NOR SHALL THIS SECTION BE CONSTRUED TO 11 ABROGATE EXISTING PERSONAL SERVICE REQUIREMENTS AS SET FORTH IN THE 12 CRIMINAL PROCEDURE LAW. 13 3. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE 14 FOLLOWING MEANINGS: 15 (A) "CONSENT OF THE CRIMINAL DEFENSE BAR" SHALL MEAN THAT CONSENT HAS 16 BEEN OBTAINED FROM ALL PROVIDER OFFICES AND/OR ORGANIZATIONS IN THE 17 COUNTY THAT REPRESENTED TWENTY-FIVE PERCENT OR MORE OF THE PERSONS 18 REPRESENTED BY PUBLIC DEFENSE PROVIDERS PURSUANT TO SECTION SEVEN 19 HUNDRED TWENTY-TWO OF THE COUNTY LAW, AS SHOWN IN THE MOST RECENT ANNUAL 20 REPORTS FILED PURSUANT TO SUBDIVISION ONE OF SECTION SEVEN HUNDRED TWEN- 21 TY-TWO-F OF THE COUNTY LAW. SUCH CONSENT, WHEN GIVEN, MUST BE EXPRESSED 22 IN A WRITTEN DOCUMENT THAT IS PROVIDED BY A PERSON WHO IS AUTHORIZED TO 23 CONSENT ON BEHALF OF THE RELEVANT PUBLIC DEFENDER ORGANIZATION, AGENCY 24 OR OFFICE; AND 25 (B) "ELECTRONIC MEANS" SHALL BE AS DEFINED IN SUBDIVISION (F) OF RULE 26 TWENTY-ONE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES; AND 27 (C) THE "FILING AND SERVICE OF PAPERS IN PENDING CRIMINAL ACTIONS AND 28 PROCEEDINGS" SHALL INCLUDE THE FILING AND SERVICE OF A NOTICE OF APPEAL 29 PURSUANT TO SECTION 460.10 OF THIS CHAPTER. 30 S 5. The criminal procedure law is amended by adding a new section 31 460.90 to read as follows: 32 S 460.90 FILING OF PAPERS ON APPEAL TO THE APPELLATE DIVISION BY ELEC- 33 TRONIC MEANS. 34 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE APPELLATE DIVISION IN 35 EACH JUDICIAL DEPARTMENT MAY PROMULGATE RULES AUTHORIZING A PROGRAM IN 36 THE USE OF ELECTRONIC MEANS FOR THE TAKING AND PERFECTION OF APPEALS IN 37 ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-ONE HUNDRED TWELVE OF 38 THE CIVIL PRACTICE LAW AND RULES. PROVIDED HOWEVER, SUCH RULES SHALL 39 NOT REQUIRE AN UNREPRESENTED PARTY OR ANY ATTORNEY WHO FURNISHES A 40 CERTIFICATION SPECIFIED IN SUBPARAGRAPH (I) OR (II) OF PARAGRAPH (C) OF 41 SUBDIVISION TWO OF SECTION 10.40 OF THIS CHAPTER TO TAKE OR PERFECT AN 42 APPEAL BY ELECTRONIC MEANS. PROVIDED FURTHER, HOWEVER, BEFORE PROMULGAT- 43 ING ANY SUCH RULES, THE APPELLATE DIVISION IN EACH JUDICIAL DEPARTMENT 44 SHALL CONSULT WITH THE CHIEF ADMINISTRATOR OF THE COURTS AND SHALL 45 PROVIDE AN OPPORTUNITY FOR REVIEW AND COMMENT BY ALL THOSE WHO ARE OR 46 WOULD BE AFFECTED INCLUDING DISTRICT ATTORNEYS; REPRESENTATIVES OF THE 47 OFFICE OF INDIGENT LEGAL SERVICES; NOT-FOR-PROFIT LEGAL SERVICE PROVID- 48 ERS; PUBLIC DEFENDERS; STATEWIDE AND LOCAL SPECIALTY BAR ASSOCIATIONS 49 WHOSE MEMBERSHIP DEVOTES A SIGNIFICANT PORTION OF THEIR PRACTICE TO 50 ASSIGNED CRIMINAL CASES PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF 51 SUBDIVISION THREE OF SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY LAW; 52 INSTITUTIONAL PROVIDERS OF CRIMINAL DEFENSE SERVICES AND OTHER MEMBERS 53 OF THE CRIMINAL DEFENSE BAR; REPRESENTATIVES OF VICTIMS' RIGHTS ORGAN- 54 IZATIONS; UNAFFILIATED ATTORNEYS WHO REGULARLY APPEAR IN PROCEEDINGS 55 THAT ARE OR WOULD BE AFFECTED BY SUCH ELECTRONIC FILING PROGRAM; INTER- 56 ESTED MEMBERS OF THE CRIMINAL JUSTICE COMMUNITY; AND ANY OTHER PERSONS A. 8083 13 1 IN WHOSE COUNTY A PROGRAM HAS BEEN IMPLEMENTED IN ANY OF THE COURTS 2 THEREIN AS DEEMED TO BE APPROPRIATE BY ANY APPELLATE DIVISION. TO THE 3 EXTENT PRACTICABLE, RULES PROMULGATED BY THE APPELLATE DIVISION IN EACH 4 JUDICIAL DEPARTMENT PURSUANT TO THIS SECTION SHALL BE UNIFORM. FOR 5 PURPOSES OF THIS SECTION, "ELECTRONIC MEANS" SHALL BE AS DEFINED IN 6 SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED THREE OF SUCH LAW AND RULES. 7 S 6. Section 214 of the family court act, as amended by chapter 751 of 8 the laws of 1989, is amended to read as follows: 9 S 214. [State] CHIEF administrator to prescribe forms; ELECTRONIC 10 FILING IN FAMILY COURT. (A) The [state] CHIEF administrator OF THE 11 COURTS shall promulgate a uniform, statewide petition for adoption and 12 may prescribe such other forms as may be proper for the efficient and 13 just administration of this act, including forms for petitions, summons, 14 warrants, subpoenas, undertakings, and orders authorized by this act. 15 (B) (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHIEF ADMINIS- 16 TRATOR, WITH THE APPROVAL OF THE ADMINISTRATIVE BOARD OF THE COURTS, MAY 17 PROMULGATE RULES AUTHORIZING A PROGRAM IN THE USE OF ELECTRONIC MEANS 18 ("E-FILING") IN THE FAMILY COURT FOR: (1) THE ORIGINATION OF PROCEEDINGS 19 IN SUCH COURT, AND (2) THE FILING AND SERVICE OF PAPERS IN PENDING 20 PROCEEDINGS. 21 (II) (1) EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH, PARTICIPATION 22 IN THIS PROGRAM SHALL BE STRICTLY VOLUNTARY AND WILL TAKE PLACE ONLY 23 UPON CONSENT OF ALL PARTIES IN THE PROCEEDING; EXCEPT THAT FAILURE OF A 24 PARTY OR OTHER PERSON WHO IS ENTITLED TO NOTICE OF THE PROCEEDINGS TO 25 CONSENT TO PARTICIPATION SHALL NOT BAR ANY OTHER PARTY FROM FILING AND 26 SERVING PAPERS BY ELECTRONIC MEANS UPON THE COURT OR ANY OTHER PARTY OR 27 PERSON ENTITLED TO RECEIVE NOTICE OF SUCH PROCEEDING WHO HAS CONSENTED 28 TO PARTICIPATION. FILING A PETITION WITH THE COURT BY ELECTRONIC MEANS 29 FOR THE PURPOSE OF ORIGINATING A PROCEEDING SHALL NOT REQUIRE THE 30 CONSENT OF ANY OTHER PARTY; PROVIDED, HOWEVER, THAT UPON SUCH FILING, A 31 PARTY TO SUCH PROCEEDING AND ANY ATTORNEY FOR SUCH PERSON SHALL BE 32 PERMITTED TO IMMEDIATELY REVIEW AND OBTAIN COPIES OF SUCH DOCUMENTS AND 33 PAPERS IF SUCH PERSON OR ATTORNEY WOULD HAVE BEEN AUTHORIZED BY LAW TO 34 REVIEW OR OBTAIN COPIES OF SUCH DOCUMENTS AND PAPERS IF THEY HAD BEEN 35 FILED WITH THE COURT IN PAPER FORM. 36 NO PARTY SHALL BE COMPELLED, DIRECTLY OR INDIRECTLY, TO PARTICIPATE IN 37 E-FILING. ALL PARTIES SHALL BE NOTIFIED CLEARLY, IN PLAIN LANGUAGE, 38 ABOUT THEIR OPTIONS TO PARTICIPATE IN E-FILING. WHERE A PARTY IS NOT 39 REPRESENTED BY COUNSEL, THE CLERK SHALL EXPLAIN SUCH PARTY'S OPTIONS FOR 40 ELECTRONIC FILING IN PLAIN LANGUAGE, INCLUDING THE OPTION FOR EXPEDITED 41 PROCESSING, AND SHALL INQUIRE WHETHER HE OR SHE WISHES TO PARTICIPATE, 42 PROVIDED HOWEVER THE UNREPRESENTED LITIGANT MAY PARTICIPATE IN THE 43 PROGRAM ONLY UPON HIS OR HER REQUEST, WHICH SHALL BE DOCUMENTED IN THE 44 CASE FILE, AFTER SAID PARTY HAS BEEN PRESENTED WITH SUFFICIENT INFORMA- 45 TION IN PLAIN LANGUAGE CONCERNING THE PROGRAM. 46 (2) IN THE RULES PROMULGATED PURSUANT TO PARAGRAPH (I) OF THIS SUBDI- 47 VISION, THE CHIEF ADMINISTRATOR MAY ELIMINATE THE REQUIREMENT OF CONSENT 48 TO PARTICIPATION IN THIS PROGRAM IN FAMILY COURTS OF NOT MORE THAN SIX 49 COUNTIES FOR: 50 (A) THE FILING WITH THE COURT OF A PETITION ORIGINATING A JUVENILE 51 DELINQUENCY PROCEEDING UNDER ARTICLE THREE OF THIS ACT BY A PRESENTMENT 52 AGENCY AS DEFINED IN SECTION 301.2 OF SUCH ACT; 53 (B) THE FILING WITH THE COURT OF A PETITION ORIGINATING IN A PROCEED- 54 ING TO DETERMINE ABUSE OR NEGLECT PURSUANT TO ARTICLE TEN OF THIS ACT BY 55 A CHILD PROTECTIVE AGENCY, AS DEFINED IN SECTION ONE THOUSAND TWELVE OF 56 SUCH ACT; AND A. 8083 14 1 (C) THE FILING AND SERVICE OF PAPERS IN PROCEEDINGS SPECIFIED IN 2 CLAUSES (A) AND (B) OF THIS SUBPARAGRAPH WHERE, PURSUANT TO SUCH CLAUS- 3 ES, SUCH PROCEEDINGS WERE ORIGINATED IN THE COURT BY ELECTRONIC FILING. 4 NOTWITHSTANDING THE FOREGOING, THE CHIEF ADMINISTRATOR SHALL NOT ELIM- 5 INATE THE REQUIREMENT OF CONSENT TO PARTICIPATION WITHOUT THE CONSENT OF 6 EACH AUTHORIZED PRESENTMENT AGENCY, CHILD PROTECTIVE AGENCY OF AN 7 AFFECTED COUNTY, THE FAMILY COURT BAR PROVIDING REPRESENTATION TO 8 PARENTS, AND THE FAMILY COURT BAR PROVIDING REPRESENTATION TO CHILDREN 9 (AS REPRESENTED BY THE HEAD OF EACH LEGAL SERVICES ORGANIZATION REPRES- 10 ENTING PARENTS AND/OR CHILDREN, THE HEAD OF EACH PUBLIC DEFENDER ORGAN- 11 IZATION, AND PRESIDENT OF THE LOCAL BAR ASSOCIATION AS APPLICABLE) IN 12 ANY COUNTY IN WHICH SUCH ELIMINATION SHALL APPLY. 13 NOTWITHSTANDING THE FOREGOING, THE CHIEF ADMINISTRATOR MAY NOT ELIMI- 14 NATE THE REQUIREMENT OF CONSENT TO PARTICIPATION IN A COUNTY HEREUNDER 15 UNTIL HE OR SHE SHALL HAVE PROVIDED ALL PERSONS OR ORGANIZATIONS, OR 16 THEIR REPRESENTATIVE OR REPRESENTATIVES, WHO REGULARLY APPEAR IN 17 PROCEEDINGS IN THE FAMILY COURT OF SUCH COUNTY, IN WHICH PROCEEDINGS THE 18 REQUIREMENT OF CONSENT IS TO BE ELIMINATED, WITH REASONABLE NOTICE AND 19 AN OPPORTUNITY TO SUBMIT COMMENTS WITH RESPECT THERETO AND SHALL HAVE 20 GIVEN DUE CONSIDERATION TO ALL SUCH COMMENTS, NOR UNTIL HE OR SHE SHALL 21 HAVE CONSULTED WITH THE MEMBERS OF THE ADVISORY COMMITTEE CONTINUED 22 PURSUANT TO SUBPARAGRAPH (VI) OF PARAGRAPH (T) OF SUBDIVISION TWO OF 23 SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW. 24 (C) WHERE THE CHIEF ADMINISTRATOR ELIMINATES THE REQUIREMENT OF 25 CONSENT AS PROVIDED IN SUBPARAGRAPH TWO OF PARAGRAPH (II) OF SUBDIVISION 26 (B) OF THIS SECTION, HE OR SHE SHALL AFFORD COUNSEL THE OPPORTUNITY TO 27 OPT OUT OF THE PROGRAM, VIA PRESENTATION OF A PRESCRIBED FORM TO BE 28 FILED WITH THE CLERK OF THE COURT WHERE THE PROCEEDING IS PENDING. SAID 29 FORM SHALL PERMIT AN ATTORNEY TO OPT OUT OF PARTICIPATION IN THE PROGRAM 30 UNDER ANY OF THE FOLLOWING CIRCUMSTANCES, IN WHICH EVENT, HE OR SHE WILL 31 NOT BE COMPELLED TO PARTICIPATE: 32 (I) WHERE THE ATTORNEY CERTIFIES IN GOOD FAITH THAT HE OR SHE LACKS 33 THE COMPUTER HARDWARE AND/OR CONNECTION TO THE INTERNET AND/OR SCANNER 34 OR OTHER DEVICE BY WHICH DOCUMENTS MAY BE CONVERTED TO AN ELECTRONIC 35 FORMAT; OR 36 (II) WHERE THE ATTORNEY CERTIFIES IN GOOD FAITH THAT HE OR SHE LACKS 37 THE REQUISITE KNOWLEDGE IN THE OPERATION OF SUCH COMPUTERS AND/OR SCAN- 38 NERS NECESSARY TO PARTICIPATE. FOR THE PURPOSES OF THIS PARAGRAPH, THE 39 KNOWLEDGE OF ANY EMPLOYEE OF AN ATTORNEY, OR ANY EMPLOYEE OF THE ATTOR- 40 NEY'S LAW FIRM, OFFICE OR BUSINESS WHO IS SUBJECT TO SUCH ATTORNEY'S 41 DIRECTION, SHALL BE IMPUTED TO THE ATTORNEY. 42 NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS PARAGRAPH: (A) WHERE 43 A PARTY OR A PERSON ENTITLED TO NOTICE OF THE PROCEEDINGS IS NOT REPRES- 44 ENTED BY COUNSEL, THE COURT SHALL EXPLAIN SUCH PARTY'S OPTIONS FOR ELEC- 45 TRONIC FILING IN PLAIN LANGUAGE, INCLUDING THE OPTION FOR EXPEDITED 46 PROCESSING, AND SHALL INQUIRE WHETHER HE OR SHE WISHES TO PARTICIPATE, 47 PROVIDED HOWEVER, THE UNREPRESENTED LITIGANT MAY PARTICIPATE IN THE 48 PROGRAM ONLY UPON HIS OR HER REQUEST, WHICH SHALL BE DOCUMENTED IN THE 49 CASE FILE, AFTER SAID PARTY HAS BEEN PRESENTED WITH SUFFICIENT INFORMA- 50 TION IN PLAIN LANGUAGE CONCERNING THE PROGRAM; (B) A PARTY WHO IS NOT 51 REPRESENTED BY COUNSEL WHO HAS CHOSEN TO PARTICIPATE IN THE PROGRAM 52 SHALL BE AFFORDED THE OPPORTUNITY TO OPT OUT OF THE PROGRAM FOR ANY 53 REASON VIA PRESENTATION OF A PRESCRIBED FORM TO BE FILED WITH THE CLERK 54 OF THE COURT WHERE THE PROCEEDING IS PENDING; AND (C) A COURT MAY EXEMPT 55 ANY ATTORNEY FROM BEING REQUIRED TO PARTICIPATE IN THE PROGRAM UPON 56 APPLICATION FOR SUCH EXEMPTION, SHOWING GOOD CAUSE THEREFOR. A. 8083 15 1 (D) FOR PURPOSES OF THIS SECTION, "ELECTRONIC MEANS" SHALL BE AS 2 DEFINED IN SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED THREE OF THE CIVIL 3 PRACTICE LAW AND RULES. 4 (E) NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER, NO PAPER OR DOCU- 5 MENT THAT IS FILED BY ELECTRONIC MEANS IN A PROCEEDING IN FAMILY COURT 6 SHALL BE AVAILABLE FOR PUBLIC INSPECTION ON-LINE. SUBJECT TO THE 7 PROVISIONS OF EXISTING LAWS GOVERNING THE SEALING AND CONFIDENTIALITY OF 8 COURT RECORDS, NOTHING HEREIN SHALL PREVENT THE UNIFIED COURT SYSTEM 9 FROM SHARING STATISTICAL INFORMATION THAT DOES NOT INCLUDE ANY PAPERS OR 10 DOCUMENTS FILED WITH THE ACTION. 11 (F) NOTHING IN THIS SECTION SHALL AFFECT OR CHANGE ANY EXISTING LAWS 12 GOVERNING THE SEALING AND CONFIDENTIALITY OF COURT RECORDS IN FAMILY 13 COURT PROCEEDINGS OR ACCESS TO COURT RECORDS BY THE PARTIES TO SUCH 14 PROCEEDINGS, NOR SHALL THIS SECTION BE CONSTRUED TO COMPEL A PARTY TO 15 FILE A SEALED DOCUMENT BY ELECTRONIC MEANS. 16 (G) NOTHING IN THIS SECTION SHALL AFFECT OR CHANGE EXISTING LAWS 17 GOVERNING SERVICE OF PROCESS, NOR SHALL THIS SECTION BE CONSTRUED TO 18 ABROGATE EXISTING PERSONAL SERVICE REQUIREMENTS AS SET FORTH IN THIS ACT 19 AND THE CIVIL PRACTICE LAW AND RULES. 20 S 7. The family court act is amended by adding a new section 1122 to 21 read as follows: 22 S 1122. FILING OF PAPERS ON APPEAL TO THE APPELLATE DIVISION BY ELEC- 23 TRONIC MEANS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE APPELLATE 24 DIVISION IN EACH JUDICIAL DEPARTMENT MAY PROMULGATE RULES AUTHORIZING A 25 PROGRAM IN THE USE OF ELECTRONIC MEANS FOR THE TAKING AND PERFECTION OF 26 APPEALS IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-ONE HUNDRED 27 TWELVE OF THE CIVIL PRACTICE LAW AND RULES. FOR PURPOSES OF THIS 28 SECTION, "ELECTRONIC MEANS" SHALL BE AS DEFINED IN SUBDIVISION (F) OF 29 RULE TWENTY-ONE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. 30 PROVIDED HOWEVER, SUCH RULES SHALL NOT REQUIRE AN UNREPRESENTED PARTY OR 31 ANY ATTORNEY WHO FURNISHES A CERTIFICATE SPECIFIED IN PARAGRAPH (I) OR 32 (II) OF SUBDIVISION (C) OF SECTION TWO HUNDRED FOURTEEN OF THIS CHAPTER 33 TO TAKE OR PERFECT AN APPEAL BY ELECTRONIC MEANS. PROVIDED FURTHER, 34 HOWEVER, BEFORE PROMULGATING ANY SUCH RULES, THE APPELLATE DIVISION IN 35 EACH JUDICIAL DEPARTMENT SHALL CONSULT WITH THE CHIEF ADMINISTRATOR OF 36 THE COURTS AND SHALL PROVIDE AN OPPORTUNITY FOR REVIEW AND COMMENT BY 37 ALL THOSE WHO ARE OR WOULD BE AFFECTED INCLUDING CITY, STATE, COUNTY AND 38 WOMEN'S BAR ASSOCIATIONS; INSTITUTIONAL LEGAL SERVICE PROVIDERS; 39 NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS; ATTORNEYS ASSIGNED PURSUANT TO 40 ARTICLE EIGHTEEN-B OF THE COUNTY LAW; UNAFFILIATED ATTORNEYS WHO REGU- 41 LARLY APPEAR IN PROCEEDINGS THAT ARE OR HAVE BEEN AFFECTED BY THE 42 PROGRAMS THAT HAVE BEEN IMPLEMENTED OR WHO MAY BE AFFECTED BY PROMULGA- 43 TION OF RULES CONCERNING THE USE OF THE ELECTRONIC FILING PROGRAM IN THE 44 APPELLATE DIVISION OF ANY JUDICIAL DEPARTMENT; AND ANY OTHER PERSONS IN 45 WHOSE COUNTY A PROGRAM HAS BEEN IMPLEMENTED IN ANY OF THE COURTS THEREIN 46 AS DEEMED TO BE APPROPRIATE BY ANY APPELLATE DIVISION. TO THE EXTENT 47 PRACTICABLE, RULES PROMULGATED BY THE APPELLATE DIVISION IN EACH JUDI- 48 CIAL DEPARTMENT PURSUANT TO THIS SECTION SHALL BE UNIFORM. 49 S 8. The New York city civil court act is amended by adding a new 50 section 2103-a to read as follows: 51 S 2103-A. USE OF ELECTRONIC FILING AUTHORIZED. 1. NOTWITHSTANDING ANY 52 OTHER PROVISION OF LAW, THE CHIEF ADMINISTRATOR OF THE COURTS MAY 53 AUTHORIZE A PROGRAM IN THE USE OF ELECTRONIC MEANS IN THE CIVIL COURT OF 54 THE CITY OF NEW YORK AS PROVIDED IN ARTICLE TWENTY-ONE-A OF THE CIVIL 55 PRACTICE LAW AND RULES. A. 8083 16 1 2. FOR PURPOSES OF THIS SECTION, "ELECTRONIC MEANS" SHALL BE AS 2 DEFINED IN SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED THREE OF THE CIVIL 3 PRACTICE LAW AND RULES. 4 S 9. The surrogate's court procedure act is amended by adding a new 5 section 107 to read as follows: 6 S 107. USE OF ELECTRONIC FILING AUTHORIZED 7 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHIEF ADMINISTRATOR 8 OF THE COURTS MAY AUTHORIZE A PROGRAM IN THE USE OF ELECTRONIC MEANS IN 9 THE SURROGATE'S COURT AS PROVIDED IN ARTICLE TWENTY-ONE-A OF THE CIVIL 10 PRACTICE LAW AND RULES. 11 2. FOR PURPOSES OF THIS SECTION, "ELECTRONIC MEANS" SHALL BE AS 12 DEFINED IN SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED THREE OF THE CIVIL 13 PRACTICE LAW AND RULES. 14 S 10. (a) Where rules authorizing a program in the use of electronic 15 means for any purpose and in any court were promulgated by the chief 16 administrator of the courts pursuant to law on or before August 31, 17 2015, and such rules were in effect on such date, such rules shall 18 remain in effect unless modified or abrogated by the chief administrator 19 pursuant to law as provided in this act. 20 (b) Notwithstanding the provisions of any other law, no party or his 21 or her counsel shall be charged a fee for viewing information filed by 22 electronic means, or for downloading or printing such information 23 through the use of such party's or counsel's own equipment. The chief 24 administrator of the courts shall ensure that sufficient computer termi- 25 nals and staff are available at the courthouse of each court participat- 26 ing in the program in the use of electronic means, to enable parties and 27 their counsel to access information, subject to the provisions of arti- 28 cle 21-A of the civil practice law and rules, section 10.40 of the crim- 29 inal procedure law and subdivision (b) of section 214 of the family 30 court act, and laws governing the sealing and confidentiality of court 31 records, filed by electronic means at such courthouse in a prompt and 32 convenient manner. 33 S 11. This act shall take effect immediately; provided that sections 34 four, five, six and seven of this act shall expire and be deemed 35 repealed September 1, 2019; and provided that paragraph 2-a of subdivi- 36 sion (b) of section 2111 of the civil practice law and rules, as added 37 by section two of this act, shall expire and be deemed repealed Septem- 38 ber 1, 2017.