What about lawyers who refuse to e-file?

The Florida Bar Board of Governors is being asked to consider what to do about lawyers who refuse to use the state electronic filing system and continue to file paper documents with the courts.

The Florida Courts Technology Commission, at its August 28 meeting, voted to send a letter to the board asking for its help in a nagging problem reported by some court clerks. The commission also voted to send a letter to court clerks asking them to report to their chief circuit judges on the extent of the problem.

FCTC Chair Judge Lisa Munyon said, the day after the meeting, she was drafting the letter to the Board of Governors and hoped to send it in a week or so.

Board of Governors member John Stewart, a new member of the FCTC, said clerks reported at the meeting the issue of paper filing by lawyers is a continuing problem; however, they didn't give any numbers on how widespread the problem is.

The Rules of Judicial Administration require lawyers, except in rare instances, to file all court documents through the statewide portal. Another rule, though, requires clerks to accept all filings from attorneys, even if they are by paper.

Clerks have previously said in various forums that some attorneys use the latter rule to continue paper filing.

After the meeting, Stewart said the problem might be handled by the Supreme Court's circuit professionalism panels, now in operation around the state.

"It makes perfect sense even if it's a modest problem to provide it to the chief judge of the circuit," Stewart said. "The chief judge is the one that controls the professionalism panel, which is where I think this should be."

The panels were created to locally handle minor professionalism and conduct issues that otherwise don't rise to the level of a Bar grievance.

Stewart also noted that the Bar, as well as the Florida Courts E-Filing Authority, which runs the statewide portal, has free courses on how to do electronic filing.

On another matter, the commission received a policy from the e-filing...