1. 1 CSDA Annual Training Conference & Expo October 2009 “CSE for Attorneys” Practicing Law in the Statewide Automation Environment: CSE—the 1 Year Anniversary

2. 2 CSE for Attorneys Facilitator: Kathleen Hrepich, Chief Counsel, California Department of Child Support Services, kathy.hrepich@dcss.ca.gov kathy.hrepich@dcss.ca.gov Presenters: Rebecca Durney, Siskiyou-Modoc Regional Department of Child Support Services, rdurney@co.siskiyou.ca.us rdurney@co.siskiyou.ca.us Michael Wright, AOC, michael.wright@jud.ca.govmichael.wright@jud.ca.gov Ed McCue, Riverside County Department of Child Support Services, emccue@co.riverside.ca.usemccue@co.riverside.ca.us Allan Woodworth, Humboldt County Department of Child Support Services, ajwoodworth@co.humboldt.ca.us ajwoodworth@co.humboldt.ca.us

3. 3 Introduction Recap of the past year with CSE

4. 4 The Court’s Perspective with Michael Wright Courts and Automation –Background –Involvement in Development of CSE –Ongoing Role of Courts

5. 5 The Court’s Perspective with Michael Wright Court Issues –Attorney Review & Oversight –Accessibility –Standardization Practices & Procedures Orders Court Rules & Forms

6. 6 The Court’s Perspective with Michael Wright Guideline Calculator –AOC Certification (CRC 5.275) –Court and LCSA Users –Exceptional Circumstances –Variable Practices

7. 7 Practicing Law in the Statewide Environment with Rebecca Durney “Statewideness” One System –CSE, SDU, SAT, etc. One Caseload –no boundaries for cases or families Consider Uniformity – Shared approach to business practice & procedure Shared or Centralized Services – efficiencies, cost/benefit

8. 8 Practicing Law in the Statewide Environment with Rebecca Durney Activity Log- handout

9. 9 Practicing Law in the Statewide Environment with Rebecca Durney State Approved Abbreviations

10. 10 Practicing Law in the Statewide Environment with Rebecca Durney Is this really clear to you? 07/21/2009- Phone Call | Enforcement | Levy “2:51 i/c call from NCP @ ##### entity verified. NCP gave verbal POA for DCSS to speak with his spouse, Elisa, re his c/s case. She can handle all issues. They are calling re a levy issued to B of A, w/h $515.40. She stts that the NCP already has a w/a in place and wants to know why the levy was issued. I advs her of the CA family law and the collection process of DCSS. I advds her to stop further action from cont a f/s needs to done and the cnp needs to be set on a p/a. She has declined at this time, she stts that she will contact her Lawyer and will call back. I advsd her to keep in mind that until a p/a is set the acct is subject to levy. She understood”

11. 11 Practicing Law in the Statewide Environment with Rebecca Durney Activity Log- Document Document Document! Uniformity Your notes are now visible to all LCSA’s statewide and the central call center. Document well. –Your CP may be my NP or Dependant in an arrears case –Your “PA” may mean “payment agreement” or “parentage” –Your personal comments about how another county worked a case is available for that county to read.

12. 12 Practicing Law in the Statewide Environment with Rebecca Durney Uniformity (continued) Choose your Activity Type, Category and Subcategory with knowledge that other counties need to find your notes, understand them and use your knowledge or research on any given issue. Your laissez-faire approach to case work is subject to scrutiny in a time when attorneys are trying to establish their value to the program. Don’t be lazy! Be as specific as possible!

13. 13 Practicing Law in the Statewide Environment with Rebecca Durney Participant vs. Case Level notes –CONSIDER STATEWIDENESS Interview | Legal –Court, Office, out of the office Mail | Legal –Letters, emails, texts, faxes Miscellaneous | Legal –Court notes, approvals of documents, general review of cases, thought processes Phone Call | Legal –Self explanatory

14. 14 Practicing Law in the Statewide Environment with Rebecca Durney Activity Log – Hints Miscellaneous | Legal | Subcategory If the log entry is from the attorney, the category should be “Legal” to allow everyone to filter notes easily. We are the Legal side of the program! Avoid abbreviations if possible unless they are approved by the DCSS Abbreviation List. Remember- Statewideness! If you choose LEGAL as your Category, you can always filter just for LEGAL notwithstanding the Activity Type or Subcategory used.

15. 15 Practicing Law in the Statewide Environment with Rebecca Durney Activity Log – More Hints 1.CTRL-Scroll wheel on mouse in CSE: Zooms your screen size in and out. Size it as needed for printing and viewing on screen. 2.When in the Activity Log tab or View Log area, ALT-W will take your cursor directly to the ADD button and you just hit ENTER to arrive at the Activity Log Entry detail page.

16. 16 Practicing Law in the Statewide Environment with Rebecca Durney Activity Log – More Hints (cont’d) 3.When you want to enter the Activity Type, Category and Subcategory, you only have to hit the Letter on the Keyboard and your cursor will jump to the words beginning with that letter. “M” for Miscellaneous, “L” for Legal, etc. Saves extra mouse moves to use the keyboard; save your wrists and hands! a.Hit tab 3 times and your cursor lands on Activity Type b.Hit “M” key 2 times and you arrive at “Miscellaneous” for Activity Type c.Hit “L” key 2 times and you arrive at “ Legal” for Category

17. 17 Practicing Law in the Statewide Environment with Rebecca Durney EVENTS Calendaring court - Calendar general Organized by User and Date, by Event Type (Superior Court hearing), Agency and Date… lots of helpful filters Must be entered before Forms generated No firm DCSS direction but leave existing events and add new events for continued hearings and reviews as the register becomes an electronic index of Court history for other counties to access and important for CMR issues

18. 18 Practicing Law in the Statewide Environment with Rebecca Durney EVENTS 1. Your home page 2. Event Tab 3. Expand for Date range 4. Input your range of court dates or leave open ended; you can just hit Enter on keyboard; don’t have to click “View” with mouse

19. 19 Practicing Law in the Statewide Environment with Rebecca Durney You can comment on the event: NP name, specify nature of event. This can be modified at any time - not set in stone. Modifiable anytime.

20. 20 Practicing Law in the Statewide Environment with Rebecca Durney These are the only Hearing Event Types available. Use Comments for more specific information, particularly for “Other.” You can change after a hearing date if the nature of your proceeding changes (i.e.- initial seek work hearing vs. the seek work review).

21. 21 Practicing Law in the Statewide Environment with Rebecca Durney Event Detail Practice Pointers Either you or your staff identify the absent parent in the Comment Section of the Event Detail. It’s easy to identify at a glance the NP name in the otherwise numeric list of events/ court hearings. Either you or your staff be specific regarding the nature of the action or pending court matter. It helps you as attorney to shift gears and prepare at a glance. As we move to paperless, it’s important to have as much information at your fingertips as possible so you don’t have to research so many screens.

22. 22 Practicing Law in the Statewide Environment with Rebecca Durney Easy to identify Obligor on the Events List Comments allow you to see from Events List the nature and/or status of action without drilling down into the case

23. 23 Practicing Law in the Statewide Environment with Rebecca Durney Tasks From your Home page, click on the Tasks link Similar type of information as the Events List. Most attorneys receive Action Needed tasks, such as case review, questions, etc. Jump right into the case with the Case Number link Task ID takes you right to the actual task and the ability to delete the task

24. 24 Practicing Law in the Statewide Environment with Rebecca Durney Task List Overview 1. From Home Page, Tasks link, click on the Task ID to see specifics of Task and ability to Delete or Reassign to Team or Person with more comments 2. Easy to identify Obligor on the Task List if staff fills in the Task Title when creating the task for you 3. Case Number links you directly into the Case Overview

25. 25 Practicing Law in the Statewide Environment with Rebecca Durney Send a Task You’ve come back from court and need to give some information to a case manager but you don’t want to get up and find her. You can send a specific task to the case manager in your county, or any county. Tasks can be an invaluable tool to keep other counties in the loop of new information if you share a case or customer and deadlines for CMR cases.

26. 26 Practicing Law in the Statewide Environment with Rebecca Durney Task Detail – Reassign Task Task History - Where it started, when it was reassigned 1. ADD comments before you reassign the task, this will show up on the Task list 2. SELECT Team or User to receive reassigned task 3. Select the DUE DATE 4. Add the reason you are passing the task on Click SAVE

27. 27 Practicing Law in the Statewide Environment with Rebecca Durney Form Set Search Percentage symbols (%) are your wildcards- you only need to use one % You don’t need the full form number to search for a pleading You don’t need the full form name to search for a pleading ie.: %030 or %corr will get you forms

28. 28 Practicing Law in the Statewide Environment with Rebecca Durney Forms FINDING DRAFTING VIEW AND FIX GENERATE VIEW IMAGE –Pleadings –Documents Generally

29. 29 Practicing Law in the Statewide Environment with Rebecca Durney 1. Click on PDF to view the actual form that will print. This does not generate the form but allows you to review before generating. If it’s not correct, upper right hand corner “X” out of the form to return to this screen. 2. If the Form needs to be corrected before generating, Click back on the Form Number link to revise the form further. Go back and forth as many times as needed before you Generate Form Set. 3. When the form set is ready to print, click Generate Form Set and go through the series of steps to generate and print your forms. 4. You can also Cancel and nothing is written to the system.

30. 30 Practicing Law in the Statewide Environment with Rebecca Durney Forms CREATE FIND DRAFT VIEW AND FIX GENERATE VIEW IMAGE –Pleadings –Documents Generally

31. 31 Practicing Law in the Statewide Environment with Rebecca Durney Digital vs. Central Scan vs. County Scan  DCSS has set limits on LCSA Scanning  Bulk of CSS mail and documents to Central scan  Legal work and forms - the Exception?  S&C’s- automated service upon locate  Documents to share with other counties - time of the essence, CMR protocol  Important documents you just don’t want to chance losing or mis-associating to wrong case

32. 32 Practicing Law in the Statewide Environment with Rebecca Durney Digitized Images 1.Legal Activities > Legal Activity List a.View Detail b.Description 2.Activity > Document Images a.Search by: 1)Category, Subcategory, Date 2)Generated by, Date 3)Document Date Range

33. 33 Practicing Law in the Statewide Environment with Rebecca Durney Legal Activities > Legal Activities List View Detail “IMG”link D-2-D images Description of Pleading Generated is less effective to see document but does allow you to import a new image in place of original image

34. 34 Practicing Law in the Statewide Environment with Rebecca Durney Click on “DESCRIPTION” from Legal Activities List Legal Action Detail screen You can scan in the filed pleading and upload or “import” that.PDF document image. It will link directly to this legal activity in the index.

35. 35 Practicing Law in the Statewide Environment with Rebecca Durney

36. 36 Practicing Law in the Statewide Environment with Rebecca Durney Document Images 1.Legal Activities > Legal Activity List a.View Detail b.Description 2.Activity > Document Images a.Search by: 1)Category, Subcategory, Date 2)Generated by, Date 3)Document Date Range

37. 37 Practicing Law in the Statewide Environment with Rebecca Durney 1.Case Level 2.Activity Tab 3. Document Images Search by these 3 available search options. Must click Search, Enter doesn’t work here!

38. 38 Practicing Law in the Statewide Environment with Rebecca Durney This is useful if you know you are looking for something in a specific category, like just Orders or a Judgment or Stipulation

39. 39 Practicing Law in the Statewide Environment with Rebecca Durney Document Images 1.Legal Activities > Legal Activity List a.View Detail b.Description 2.Activity > Document Images a.Search by: 1)Category, Subcategory, Date 2)Generated by, Date 3)Document Date Range

40. 40 Practicing Law in the Statewide Environment with Rebecca Durney 1.Use the name of the person who generated the document, using the pull back method to populate the right name. 2.Limit the document date range even month by month for the period you are searching rather than several months at a time. You can leave blank but is that most efficient way to search? 3.Click Search. 4. Not the most efficient method to search unless it’s something you generated and can’t otherwise locate.

41. 41 Practicing Law in the Statewide Environment with Rebecca Durney Document Images 1.Legal Activities > Legal Activity List a.View Detail b.Description 2.Activity > Document Images a.Search by: 1)Category, Subcategory, Date 2)Generated by, Date 3)Document Date Range

42. 42 Practicing Law in the Statewide Environment with Rebecca Durney Use shorter date ranges for a manageable document search.

43. 43 Practicing Law in the Statewide Environment with Rebecca Durney Fix Association to Case or Participant and Add Comment to Generic Scanned Images Click the Hyperlink of the document you want to add a better Comment to or associate with another participant or case; say one order needs to be accessible and searchable in a related flip-flop situation.

44. 44 Practicing Law in the Statewide Environment with Rebecca Durney At “comment,” clearly identify the image with specifics. When it appears in the index, your comment will make for easy searching of document images by staff and other counties without opening the image. Now your Document Image Search Results index has your additional identifying comments for fast and easy searching. At the bottom of the Document Image Detail page, Click SAVE to save the new comment to the document.

45. 45 Practicing Law in the Statewide Environment with Rebecca Durney Local Scan and Upload Requires office scanners Documents saved to.PDF format You can upload an entirely new document into images associated to a Case or to a Participant You can upload a filed or “fixed” pleading originally generated in CSE to replace original image Be Choosy - not every document is so vital to scan locally. Central Scan is good!

46. 46 Practicing Law in the Statewide Environment with Rebecca Durney CMR Pilot

47. 47 Practicing Law in the Statewide Environment with Rebecca Durney Case Management Responsibility Pilot CMR success depends on a use of CSE that recognizes its “global” application: –Tasks –Events –Pleadings –Log notes –Images- D2D, Generated or Uploaded –Phone calls –E Mail

48. 48 Practicing Law in the Statewide Environment with Rebecca Durney CSE Access and Mobility  Encrypted Laptops  Impossible Passwords but necessary security  New Access- Mobile Card and Encrypted Laptop availability for travel and courts without access now available and authorized by DCSS

49. 49 Practicing Law in the Statewide Environment with Rebecca Durney Combined Services Centralized – Regionalized – Shared Regional LCSAs –Shared Administration and budget –Shared Attorney and Key Staff Services Centralized or Shared Service Potential –Regional or Centralized Call Centers –Centralized Bankruptcy, Workers’ Comp, Probate –Regional Courts Cost Savings? Cost Effective? Our Future?

50. 50 Practicing Law in the Statewide Environment with Rebecca Durney So, what’s good about CSE? Ability to see a parent’s case anywhere in California - that is HUGE! Financial history at a click for all cases and children - is she really paying that other County? Access to other County guideline calculations in a related case - how many children are his? Information galore! From networked resources to other County notes and work product to the email of the actual assigned CSS! Document Images - gotta love it! No more waiting for an order by mail or fax IED’s loaded by other counties

51. 51 Practicing Law in the Statewide Environment with Rebecca Durney Closing… CSE is here. Continue to embrace CSE and learn better ways the system can work for you. If you cannot, then you must consider doing something else. This is our new child support program and it’s not going anywhere! Learn and practice shortcuts as available. Take breaks from looking at the screens and using keyboard and mouse too much. Breathe Deep. Drink wine. Thank you all!

52. 52 A Discussion of CSE use for Lawyers with Edward McCue Scanning Scanning documentation for use in CSE

53. 53 A Discussion of CSE use for Lawyers with Edward McCue Purpose To provide the ability to store and retrieve images of documents Used for court orders, application for services, verifications, paternity acknowledgements, just to name a few. California Superior Court moving to a “data exchange” system in the near future, which will rely on sending electronic data rather than paper.

54. 54 A Discussion of CSE use for Lawyers with Edward McCue Authority CSS Letter 07-13 and Errata of 3- 24-08 provide standards of what documents are to be scanned Objective is to move to electronic case files Allows for viewing by caseworkers statewide 45 C.F.R. §302.15 (A) (7) 22 CCR § 111420

55. 55 A Discussion of CSE use for Lawyers with Edward McCue Scanning Central Scan –Registration of the document by worker –Bar codes –QRG’s –Process re: scanning vs. wanding –Different from Local Scanning

56. 56 A Discussion of CSE use for Lawyers with Edward McCue Central Scan Process

57. 57 A Discussion of CSE use for Lawyers with Edward McCue Local Scanning Local Scan Process A duplex document TIF to PDF Scan to a folder – discuss the potential for multiple folders (i.e. each team) –Useful for: 1) entry of orders, no driving or mailing (county or otherwise); use tasks and CSE to max.; 2) alternate uses – time cards, reimbursement requests and document you can fax, you can scan and e-mail; 3) GREEN implications

58. 58 A Discussion of CSE use for Lawyers with Edward McCue Local Scanning (Continued) Next step to upload and link to CSE To case in Document Images Created in CSE can link to the IMG and overlay with filed copy Takes the most time – a time study conclusion Central Scan is appropriate for the majority of our document imaging needs, less local scan used for immediate needs. Complies with the recent directive from the state

59. 59 A Discussion of CSE use for Lawyers with Edward McCue Flow Chart OAs RECIEVES OVER THE COUNTER AND SORT LEGAL MAKES DETERMINATION LCSS;CALENDAR OR DOC. CONTROL LCSS MAKES RE: FURTHER PROCESSING TO THE PARTIES; TO ATTORNEY; SCAN; TRASH; FILE DOCUMENTS FROM SUPERIOR COURT ESTABLISHMENT CSI MAKES DETERMINATION SCAN;TRASH;FILE ENFORCEMENT CSS MAKE DETERMINATION SCAN;TRASH;FILE Incoming documentation to the Registration worker Distribution of the information Line decisions on the next appropriate action

60. 60 A Discussion of CSE use for Lawyers with Edward McCue List of Documents All court orders Affidavit of arrears Guideline Calculations Financial documentation, including Income & Expense Declarations Any other documentation the CSS determines is appropriate CSS letter/matrix

61. 61 A Discussion of CSE use for Lawyers with Edward McCue Where is it? Activity Activity Log Combined Log Tasks Event Register List Forms Document Images Inquiry List Legal Activity screen Document Images (left column) of choices Drop down Legal – Family No sub category required

62. 62 A Discussion of CSE use for Lawyers with Edward McCue E-filing Person or agency filing needs to retain the original with signature Requires process for document storage – hard file or some other process C.C.P. 1010.6

63. 63 A Discussion of CSE use for Lawyers with Edward McCue Secondary Evidence/Authentication Witkin Evidence Code –250, 255, 260 –1271 –1400-1450 –1520-1523

64. 64 A Discussion of CSE use for Lawyers with Edward McCue Conclusion Objective is to move to a “electronic case file” system Allows for viewing information Statewide Can store and retrieve images Will blend in with the CCMS (California Case Management System) now being designed for exchanging data with CSE Success depends on each and every person in the process It is the future and the future is here

65. 65 Using LCSA Attorneys Effectively in a CSE Environment with Allan Woodworth One size does not fit all Large/small county File/no files Local court rules and procedures Courthouse connectivity/connectivity in general Team vs. functional attorney assignments Etc., etc.

66. 66 Using LCSA Attorneys Effectively in a CSE Environment with Allan Woodworth LCSA attorneys have other concerns State Bar Courts LCSA director The State/CSE

67. 67 Using LCSA Attorneys Effectively in a CSE Environment with Allan Woodworth Family Code § 17206 DCSS is required to ensure a sufficient number of attorneys to ensure all requirements of “due process” are satisfied in the establishment and enforcement of support orders.

68. 68 Using LCSA Attorneys Effectively in a CSE Environment with Allan Woodworth Due Process Many definitions but in general is the protection and enforcement of private rights in a legal proceeding. F.C. §17400(b)(1) - attorneys employed within the LCSA may direct, control, and prosecute civil actions and proceedings in the name of the court. F.C. §17406(c) – no attorney/client relationship; no communication privilege. CRC 5.320 – attorney of record on behalf of the LCSA is the director, senior attorney. CRPC 3-110 – attorneys have a duty to supervise the work of subordinate attorneys, non-attorney employees, or agents. A lawyer may delegate work, provided the lawyer supervises and has ultimate responsibility for delegated work. Vaughn v. State Bar (1976) 6 C.A. 3 rd 847.

69. 69 Using LCSA Attorneys Effectively in a CSE Environment with Allan Woodworth Organization Our office is organized on a basic cradle-to- grave team concept with one attorney to a team, so basic new attorney CSE training with “Cheat Sheet” takes a few hours to learn basics, then attorney can explore and expand familiarity with CSE. Open door policy: Go to team attorney first, but staff members never have to wait if they have a legal question.

70. 70 Using LCSA Attorneys Effectively in a CSE Environment with Allan Woodworth Notes Attorneys are required to note in CSE whenever anything involving the case occurs, including oral communications. Request concise notes, because search on CSE is difficult and makes it easier for other attorneys to go back to last attorney note. Too many system notes and no “dialogue-only” screens. Our office puts notes in capital letters to stand out from system notes.

71. 71 Using LCSA Attorneys Effectively in a CSE Environment with Allan Woodworth Guideline Worksheets All guideline worksheets are completed in CSE.

72. 72 Using LCSA Attorneys Effectively in a CSE Environment with Allan Woodworth Pleadings All pleadings, Complaints, Notices of Motion, Orders to Show Cause, and other court filings are prepared by CSSs or legal clerks but reviewed and signed by attorneys.

73. 73 Using LCSA Attorneys Effectively in a CSE Environment with Allan Woodworth Orders Staff is present in courtroom and all orders and judgments are prepared at courthouse and signed same day by Commissioner. Order notes are put in system by attorney and compared with order when entered in system.

74. 74 Using LCSA Attorneys Effectively in a CSE Environment with Allan Woodworth Workload Supervisors, including Supervising Attorney, carry a caseload to share the workload and to stay familiar with the system and issues that arise.

75. 75 Using LCSA Attorneys Effectively in a CSE Environment with Allan Woodworth Still using files We have a matrix for what is to be scanned and also for copies to be kept in file.

76. 76 Using LCSA Attorneys Effectively in a CSE Environment with Allan Woodworth Training We have bi-weekly management, supervisor, and CSS meetings, and most meeting notes are shared with all staff, which is where our office procedures manual develops and where changes are reviewed by attorneys; also have in-house training so everything we do is up to date and dovetails with CSE.

77. 77 Using LCSA Attorneys Effectively in a CSE Environment with Allan Woodworth Courtroom time management Our office focuses attorney resources on activities that can’t legally be done by other staff and tries to limit time spent in the courthouse, which also saves Commissioner time and courtroom staff time. Any hearing that requires testimony or is more than 15 minutes of combined argument is heard on a different trial/hearing calendar. Actual court calendar time is very brief.

78. 78 Using LCSA Attorneys Effectively in a CSE Environment with Allan Woodworth Time Management – OSC Contempt Attorneys file OSC-Cs in all cases in which no payment, either ongoing or court-ordered installment, has been made in the last three months, and we have a locate on the obligor. Most of the post-arraignment procedures— Admission, Advisement of Rights, sentencing order—are completed outside of court and take minimal court time. If it is an evidentiary hearing, our evidence is produced almost entirely by a request for judicial notice.

79. 79 Using LCSA Attorneys Effectively in a CSE Environment with Allan Woodworth Telephone Appearances We appear in other courts by telephone whenever possible – letters done outside of system.

80. 80 CSE for Attorneys Any Questions? The entire panel thanks you for your attention.