NY A10706

Chief Administrator of the Courts may promulgate rules authorizing electronic filing programs in Supreme Court, County Court, and Family Court for criminal accusations, criminal proceedings, and family court originations with approval of the Administrative Board of the Courts.

Participation in electronic filing programs is strictly voluntary and requires consent of all parties, except filing accusatory instruments or petitions does not require consent of other parties; accused persons and their attorneys must be able to immediately review filed documents.

Chief Administrator may eliminate consent requirements in up to six counties for criminal courts (with consent of district attorney, criminal defense bar, and county clerk) and for family courts regarding juvenile delinquency and abuse/neglect cases (with consent of authorized agencies and legal service providers).

Attorneys may opt out of mandatory electronic filing by certifying lack of appropriate computer hardware, internet connection, scanning equipment, or requisite technical knowledge; unrepresented parties may participate only with court permission and may opt out for any reason.

Documents filed electronically in criminal and family court proceedings shall not be available for public online inspection; no fees may be charged to parties or counsel for accessing electronically filed information; provisions expire September 1, 2015.