Look, I’m gonna say it: Our courts are behind the times
I mean, come on. It’s 2023 and we’re still dealing with paper filings, clunky software, and judges who think a PDF is high-tech. I should know—I’ve been covering this beat for over two decades. Back in ’98, when I was a wet-behind-the-ears reporter at the Chicago Tribune, I remember interviewing a judge who asked me to email him a document. He meant, print it out, then physically mail it to his chambers. (Which honestly nobody asked for but here we are.)
And nothing has changed. Well, actually, that’s not true. Things have gotten worse. At least back then, the slowness was kinda charming, like an old-timey general store. Now? It’s just frustrating. Last Tuesday, I was at a conference in Austin, and a colleague named Dave told me about a case that got dismissed because an email notification bounced. Bounced! In this day and age.
Let’s talk about e-filing
Okay, so e-filing exists. But it’s not like the sleek, user-friendly systems we have for, I don’t know, tech gadgets under budget review or online banking. No, no. It’s clunky, it’s slow, and it’s not even consistent across jurisdictions. I had a friend, let’s call him Marcus, who spent 36 hours trying to figure out how to file a simple motion in federal court. 36 hours! And he’s a tech-savvy guy. What hope do the rest of us have?
And don’t even get me started on the passwords. I have a spreadsheet just to keep track of them all. It’s like the legal system is running some kinda commitment to making our lives harder.
Anecdote time: The case of the missing exhibit
So, about three months ago, I was helping a friend with a case. We filed all our documents electronically, right? But when we got to court, the judge said he couldn’t find Exhibit C. Turns out, it was filed but not properly tagged. So, there we were, scrambling to print it out, make copies, and hand it to the clerk. It was like something out of a bad movie. And the worst part? The judge acted like this was totally normal. Like, ‘Oh yeah, that happens alot.’
Which… yeah. Fair enough. But it shouldn’t.
Why can’t we have nice things?
I get it. The legal system is complicated. It’s got history and tradition and all that. But so does the Catholic Church, and they’ve got Wi-Fi in the Vatican now. So why can’t we have some kinda modern tech in our courts?
I’m not saying we need to turn every courtroom into a Silicon Valley startup. But come on, a little investment in technology would go a long way. And I’m not talking about some fancy AI system that’s gonna replace lawyers. (Although, honestly, some days I think that might not be the worst idea.) No, I’m talking about basic stuff. User-friendly e-filing systems. Reliable email notifications. Password managers that don’t make us want to tear our hair out.
And look, I’m not the only one who thinks this. I talked to a bunch of lawyers, clerks, and even a few judges. They all agree. The system is broken, and it’s time for an upgrade. But here’s the thing: nobody’s willing to take the first step. It’s like we’re all waiting for someone else to fix it. And that’s not gonna happen.
Tangent: The physicaly impossible filing deadline
Speaking of waiting, let me tell you about the time I had to file something by 11:59pm. Now, I’m a night owl, so I thought, ‘No problem, I’ll just stay up late and get it done.’ But then I hit a snag. The e-filing system was down for maintenance. From 10pm to 2am. On a Friday night. Because, you know, that’s the best time to do system updates. (Sarcasm, in case you couldn’t tell.)
So there I was, sitting in my pajamas, staring at a error message, and realizing that I was gonna miss the deadline. And the worst part? The clerk’s office was closed. So I had to drive downtown, find a 24-hour print shop, print out the documents, and then find a drop box. It was like something out of a bad dream. And it’s not like I’m the only one this has happened to. I’ve heard stories like this from lawyers all over the country. It’s like the system is designed to make our lives miserable.
But hey, at least I got a good story out of it. And a nice long walk in the middle of the night. Silver linings, right?
So what’s the solution?
I wish I had a magic answer. But I don’t. All I know is that the system is broken, and it’s time for a change. And that change is gonna take more than just a few tweaks here and there. It’s gonna take a completeley overhaul. It’s gonna take commitment from the top down. From the Supreme Court to the smallest municipal court. It’s gonna take money, and time, and effort.
But mostly, it’s gonna take a willingness to admit that the way we’ve been doing things isn’t working. And that’s the hardest part. Because, let’s face it, nobody likes to admit they’re wrong. Especially not the legal system.
But here’s the thing: admitting you’re wrong is the first step to making things right. And it’s time for the legal system to take that step. It’s time for us to say, ‘You know what? We can do better. We should do better. And we’re gonna do better.’
And maybe, just maybe, we can finally drag the legal system into the 21st century. Where it belongs.
About the Author
Sarah Johnson is a senior editor with over 20 years of experience covering the legal industry. She’s been published in The New York Times, The Washington Post, and numerous legal journals. When she’s not writing, she can be found yelling at her computer because the e-filing system is down again.
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