In 1994, the “Today” show’s Bryant Gumbel asked, “What is the internet, anyway?” His question seems ridiculous now. Almost nothing was digital then, but technology has changed significantly since 1994. Until very recently, however, the North Carolina court system was still paper-based and required people to physically go to the courthouse to access paper records and transact routine business — just as they did in 1994 … and 1894.
Judicial Branch leaders recognized that a digital transformation of the court system was necessary to meet the mandate that justice be administered without favor, denial or delay (as required by Article I of the North Carolina Constitution).
This project, now called eCourts, would prove to be a monumental task. North Carolina law is a mile wide and a mile deep, and the new eCourts system would need to accommodate a multitude of practice areas within the bar and the complex legal issues of 11 million North Carolinians.
An inflection point arose when Paul Newby was sworn in as chief justice in January 2021. Contracts with vendors had been signed under previous administrations, but there was a very long way to go before eCourts was ready for implementation. When Newby took office, the state’s trial courts had been shut down as part of the government’s response to COVID, creating a seemingly insurmountable backlog of cases. Given the enormous challenge of restoring courtroom operations and digging out of this backlog, Newby could have scrapped the eCourts project using COVID as a convenient excuse.
Instead, he honored contracts entered into by his predecessors and moved forward with eCourts not only because of the consequences of breaking contracts but because of his belief that the digital transformation was an operational necessity. The decades-old patchwork of systems that held together the courts’ records index system was in serious danger of crashing beyond repair. Credit goes to Newby for having the character and fortitude to move forward with eCourts at such a difficult time.
Through the General Assembly’s investments and the hard work and sacrifice of many key players across state government, the pilot counties of Wake, Johnston, Harnett and Lee went “live” with eCourts in February 2023. Aspects of the rollout, especially in the early stages, were certainly challenging, but given the totality of the circumstances, the transition can rightly be described as a success — particularly considering the magnitude of change and the complexity of the new system. Credit goes to the many district attorneys, clerks, judges, magistrates and staff who have maintained professional excellence through this transition.
As of Oct. 13, the eCourts project is fully implemented, and all 100 counties are “live” on the North Carolina Judicial Branch’s Enterprise Justice platform. When that happens, North Carolina will be the first state to transition statewide court operations for all case types solely to the cloud. North Carolinians benefit from this in many ways. In all 100 counties, paper records will be replaced with online access to justice, meaning that anyone with an internet connection can file court documents, search for records and have 24/7 access to case events and court dates from the comfort of their home. Nearly 6 million electronic filings have already been accepted, saving many costly trips to the courthouse and more than 20 million sheets of paper. More than 5 million searches are conducted monthly through the new online records portal.
NC Chamber polling from last year underscores just how strongly North Carolinians back modernization of the courts. Sixty-six percent of voters favored continuing the transition to electronic records through the eCourts initiative, with 37% saying they strongly support it. People want faster access to justice, greater transparency and less delay. For policymakers, the message is clear: North Carolinians overwhelmingly want to bring their courts into the 21st century.
The system will continue to improve, and just as Bryant Gumbel and the rest of the world probably can’t fathom living without the internet, I strongly suspect that court officials, Judicial Branch employees, the bar and the public will soon forget what life was like before eCourts. Congratulations to the Judicial Branch for reaching this major milestone.
Andrew Heath is a partner with Nelson Mullins in Raleigh.
