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Re: [legalxml-courtfiling] RE: [legalxml-courtfiling-policy] Sdurham -RE: Final Call - Cour t Filing Policy Requirements

  • 1.  Re: [legalxml-courtfiling] RE: [legalxml-courtfiling-policy] Sdurham -RE: Final Call - Cour t Filing Policy Requirements

    Posted 10-22-2002 14:30
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    Subject: Re: [legalxml-courtfiling] RE: [legalxml-courtfiling-policy] Sdurham -RE: Final Call - Cour t Filing Policy Requirements


    The current Utah LegalXML implementation uses the CourtFiling 1.1 DTD.
    
    Dallas Powell
    Tybera Development Group
    www.tybera.com
    
    ----- Original Message -----
    From: "Lewis, Diane" <Diane.Lewis@usdoj.gov>
    To: "'John Messing'" <jmessing@law-on-line.com>; "'Dallas Powell'"
    <dpowell@tybera.com>; <Tom.Clarke@courts.wa.gov>;
    <Shane.Durham@lexisnexis.com>; <legalxml-courtfiling@lists.oasis-open.org>;
    <legalxml-courtfiling-policy@lists.oasis-open.org>
    Sent: Tuesday, October 22, 2002 11:33 AM
    Subject: RE: [legalxml-courtfiling] RE: [legalxml-courtfiling-policy]
    Sdurham - RE: Final Call - Cour t Filing Policy Requirements
    
    
    > Last night i read over the recent TC discussions... i appreciate the
    comments made by all especially since i am not familiar with the Georgia
    test implementation or the origins of the architecture that was conceived
    some time ago...  so my inquiries and
    >  comments are based on a "sky" view and the desire to move ahead on the
    2.0 specification definitions which would include requirements coming from
    1.1 specification test findings...
    >
    > 1. Resolution of Query/Response:
    > DL concurs with Shane and Dallas...
    > 1.1 is frozen.   any testing of the 1.1 specification sounds like it will
    need to "extend" the specification to meet the individual court functional
    requirements as defined in national or local rules. We will learn about
    these extensions from the 1.1 sp
    > ecification test report(s).
    >
    > I spoke to Karl Best this morning about the version control aspect to our
    discussion.  The TC  can use whatever conventions have meaning  to all TC
    members as we move forward.   the proposed 1.1.a; 1.1.b; 1.1.c; convention
    should be considered by those
    > TC members implementing the specification 1.1 in pilot or production
    development phases.  Those testing the specification have no need to track
    such amendments to the "1.1" static specification.
    >
    > 1a) Were the lessons learned from Georgia incorporated into the 1.1
    specification?
    >
    > the place holders described in TC messages must have been placed there for
    a reason(s)?  or is the specification approved as 1.1 incomplete?? and not
    extensible by TC developers who are implementing in pilot or production
    environments?  Is it complete e
    > nough to test specification?
    >
    > DL Proposed conclusion:  move forward with testing the specification
    1.1.... as suggested by Dallas and Shane... TC members who are implementing
    1.1 as developers will share their findings and identify changes /new stuff
    to incorporate into specificatio
    > n (fill-in placeholders) as discoveries are made.
    >
    > DL Proposed Action: Nov 5 TC teleconference bring thread to closure ...
    >
    > 2. How many TC Members or non-members are currently
    developing/implementing "versions" of LegalXML specification 1.0; 1.1?
    > I was told yesterday in a meeting with Administrative Office of U.S. Court
    technical representatives that there are no State court or Federal court
    implementations of LegalXML specifications.  Yet John Messing... notes below
    that there are?
    >
    > from my attendance at two OASIS LegalXML face to face meetings ... i
    understood that Utah State Court is building on spec version 1.0?
    Washington, King County, is developing  system for 2003 implementation on
    1.1 spec?  AOC has just started a vendor
    > driven development of electronic court filing system specific to the
    requirements of California state courts based on Georgia LegalXML findings?
    > OCXI, as i understand it, is a proposed collaborative effort to develop
    middleware that would apply the existing LegalXML specification (1.1)or
    perferably version 2.0 if ready in time?
    >
    > DL Proposed conclusion: Those TC members who want to "test" the Court
    Filing specification 1.1 I would ask to identify themselves during the Nov 5
    TC teleconference. Those members who volunteer to test the specification 1.1
    will need to map out the appr
    > oach to be taken in specification testing based on TC guidance provided.
    >
    > I concur with Tom Clarke message 10/17 2:59pm group levels 1 and 2 as
    basic conformance requirement level and group conformance levels 3&4 for
    next level of conformance.  When developing test criteria suggest this
    approach.
    >
    > 3. Status Court Policy Framework:
    > explanations to my inquiries about this specification in Boston... made me
    start thinking about this "document" as a "collaboration profile"... as
    expressed in the ebXML documentation i had recently read.
    > Given the discussion to date and my own confusion as to how best to define
    and address the repository, "collaborative" profile or any semantic content
    issues that may surface during test of the specifications i think we should
    put aside this document fo
    > r now.
    >
    > DL Proposed Action: Place the Court Policy Interface/Framework document on
    the shelf until after 1.1 specification testing is completed and TC analysis
    of test specification findings have been completed.
    >
    > Suggest Court Policy Interface subcommittee focus immediate efforts on
    researching existing XML based standards that can be leveraged in some way
    to support existing OASIS LegalXML technical specifications Court Filing,
    Court Document, Query/Response...
    > .
    >
    > 4. DL current OASIS Legal XML activity: I am in the process looking over
    the Court Document 1.1 specification, in Boston i volunteered to support
    that subcommittee.... i am reviewing the contents of a zip file recently
    provided... with an eye to version
    >  2.0.
    >
    > DL travels to CALIF.. to attend first face to face OASIS LegalXML IJ TC
    next week.  hope to see some of you there... otherwise will hear your voices
    during the teleconference scheduled for Nov 5th... cheers diane
    >
    >
    >
    >
    >
    >
    >
    > -----Original Message-----
    > From: John Messing [mailto:jmessing@law-on-line.com]
    > Sent: Tuesday, October 22, 2002 12:40 AM
    > To: Dallas Powell; Tom.Clarke@courts.wa.gov;
    > Shane.Durham@lexisnexis.com;
    > /DDV=legalxml-courtfiling@lists.oasis-open.org/DDT=RFC-822/O=INETGW/P=GO
    > V+DOJ/A=TELEMAIL/C=US/;
    > /DDV=legalxml-courtfiling-policy@lists.oasis-open.org/DDT=RFC-822/O=INET
    > GW/P=GOV+DOJ/A=TELEMAIL/C=US/
    > Subject: Re: [legalxml-courtfiling] RE: [legalxml-courtfiling-policy]
    > Sdurham - RE: Final Call - Cour t Filing Policy Requirements
    >
    >
    > I share the misgivings that others have expressed about the lack of
    uniformity between CourtFiling 1.1 and QnR, and the other standards in the
    1.1 family, and on that issue I think that Tom Clarke has probably stated
    views that are closest to my own and
    >  in a most succinct manner.
    >
    > With regard to Dallas' most recent questions, they raise a general issue
    about practical implementation of the standards. Understandably, he is
    uneasy with Court Policy because it is subject to considerable variation,
    which will undoubtedly makes the ta
    > sk of programming more complex and difficult and as a result, expensive.
    Just as there is the CMS-API, a CP-API may become necessary in order to
    encapsulate the logic in a component that gives standardized outputs for
    standardized inputs. In other words
    > , it
    > may be necessary to create court policy as a web service with standard
    parameters being accepted and returned to EFSP's.
    >
    > I think that Dallas has the greatest experience within the TC of what it
    takes to implement a LegalXML standard, albeit an early one and his concerns
    should be dealt with seriously.
    >
    > I personally don't have an answer for Dallas because I find it difficult
    to assess programming issues in a vacuum, without a concrete task to be
    solved that exposes the weaknesses of a type of a priori thinking that I
    associate with standards creation,
    > but I am in favor of standardized inputs and outputs for court policy as a
    way of creating an API. In the meantime, I think we need to encourage
    implementation, even if only in a few courts are involved to begin with and
    with the weaknesses we acknowled
    > ge ne
    > ed fixing, so that we can learn from the experience of all of the
    participants, and improve the process for the next go-around.
    >
    > However, there is another dimension to the comments of Dallas and others.
    We are beginning to look at a real possibility of three standards for XML
    usage in court filings: one from this TC, another from the California AOC,
    and a third from the US Admini
    > strative Offices of the Courts. Just as developers like Dallas should
    cringe at this proliferation, so lawyers may balk at sorting through EFSP's
    to determine which one services a court or courts that the lawyer needs to
    access. It is true that large fi
    > rms w
    > ith mangerial or IT staff may be able to take on such a task, but in a
    state like Arizona, over 50% of the bar is sole practitioners, who will need
    to be spoon fed and offered bargain-basement or zero pricing if electronic
    filing will ever succeed. This
    >  may require a uniform national infrastructure for electronic filing, and
    we should be prepared for the possibility that it will happen under federal
    aegis if we are unable to make it happen in the TC, with or without
    California.
    >
    > I agree with Tom that the TC must move forward with what we have now,
    notwithstanding any doubts and concerns for the immediate future, but I
    think we should begin thinking of a single uniform XML standard, and how to
    best reach that goal.
    >   ----- Original Message -----
    >   From: Dallas Powell
    >   To: Tom.Clarke@courts.wa.gov ; Shane.Durham@lexisnexis.com ;
    legalxml-courtfiling@lists.oasis-open.org ;
    legalxml-courtfiling-policy@lists.oasis-open.org
    >   Sent: Monday, October 21, 2002 5:20 PM
    >   Subject: Re: [legalxml-courtfiling] RE: [legalxml-courtfiling-policy]
    Sdurham - RE: Final Call - Cour t Filing Policy Requirements
    >
    >
    >   Re: Court Policy
    >
    >   Can a vendor say that they are conforming to Court Filing 1.1 and not
    implement Court Policy1.x?  If they can, then Court Policy has no bearing on
    me, but if they cannot then I would not support the current Court Policy
    Requirements doc.
    >
    >   Here are my comments
    >   1)
    >   ---------
    >   The Court Policy Requirements document says:
    >   "Goals of Court Policy Interface
    >   The overarching goal of the CPI is to reduce the need for human
    interaction between the courts and the persons and organizations that
    interact with them (i.e., electronic filers and electronic filing service
    providers). "
    >   ---------
    >
    >   I would suggest that an EFSP needs to know at the time the software is
    being developed what EFM they will support.  Each unique court policy will
    force new code to be developed.  Even if they are not unique, but
    interpreted differently they will requi
    > re unique code.
    >
    >   This quoted paragraph suggests that the Court CPI will reduce the
    interaction of the developers who are creating the code for the EFM and
    EFSP.  I do not agree with this.  The developers will not be able to create
    code simply based on a Court Policy I
    > nterface.  I think there is some confusion between an API and a CPI.  They
    are not equivalent.  If you give a developer an API the chances are much
    greater that they can code to it because an API needs to have clearly
    defined inputs and results.  There
    > is no
    >  over inclusion in an API.  The developer needs to know exactly what he
    wants to do, what call he must make, and what the call will return.  The CPI
    does not provide the clarity of input and response at this time.  The CPI
    provides for a discovery proce
    > ss not a programming interface.
    >
    >   For example, how does the court policy describe the difference between
    Washington's King Counties expectations vs. Utah's.  King County embeds
    their lead documents and all their attachments in a single PDF document,
    Utah separates them out.  Utah allo
    > ws case initiation, King does not.    Some courts want to allow case
    initiation for filings that do not require fees and other courts do not have
    that option.
    >
    >   When a filing comes in to Utah, we need to know what each document
    represents.  If the case identifies five defendants then the court wants to
    see 5 summons for that case.
    >
    >   In addition, Utah is accepting, Word, WordPerfect, PDF, XML, and
    multiple types of lead documents and attachments, and King County only
    accepts PDF at present.
    >
    >   How does a court policy define what type of digital certificates should
    be used?  Or what Certificate Authority should the user purchase his
    certificates from?  Or what type of certificate, business or individual?
    >
    >   Each EFSP MUST know in advance what EFM they can support or code will
    not exist to support it.
    >
    >   2)
    >   ----------
    >   The Court Policy Requirements document says:
    >   "Goals of Court Policy Interface
    >   ......The interoperability of and use of court filing systems will fail
    due to the great variety, number, and divergence in rules and procedures
    among the many court jurisdictions, unless they are able to communicate
    their local policies through a sta
    > ndardized CPI. "
    >   ----------
    >
    >   Is this court policy REALLY answering the "unless" here?  What is really
    going to cause the failure?  I propose that the failure will be caused
    because the developer has to develop code to deal with every court's
    differences.  Whether the CPI tells th
    > e developer all the differences or not, does not change the failure point,
    and that is that the developer has to develop code for all the differences.
    Each time a new court comes on-line, the developer has to go figure out what
    the differences are and
    > creat
    > e a module that can deal with the differences unless they are exactly like
    others that already exist.  The failure point is having to create code for
    all differences when all differences are not yet know to the developer.
    >
    >   A developer cannot develop code for something that is not clearly known.
    >
    >   When I first read the Court Policy Requirements, I thought, if I don't
    have to deal with this then it does not matter what they write.  However, if
    I have to deal with this, then my recommendation is that it needs to be
    scaled back  or modified in its
    >  purpose.
    >
    >   I propose that the CPI should be an intersect between the filer, the
    EFSP, and the Jurisdiction.  That means, the filer can find out if the EFSP
    he is thinking about using supports the courts that he wants to work with.
    It allows the EFSP to point to
    >  a chart that identifies what Jurisdictions he supports because the
    Jurisdictions posted what EFM they have implemented.
    >
    >   So, without trying to destroy everything, I feel that I must at least
    give an example that can function as a beginning point.
    >
    >   This suggestion mixes the Conformance testing criteria and
    Interoperability Type testing.  I know that I am introducing a new concept
    with Interoperability Type testing and how that is separate from Conformance
    testing and I will have to give examples
    >  of this in another document.  But the basic concept is a grid table that
    allows a jurisdiction to identify what EFM they implemented, and it allows
    the EFSP to define what EFMs they support.  The grid is as such:
    >
    >   Interoperability Levels by Jurisdiction ( I will define interoperability
    types in another message, this one is too long already.)
    >
    >           UT / AZ / NV Interop Types
    >        King County Interop Types
    >        NJ / NY / MA interop Types
    >        DC ...
    >        ? / ? / ?
    >
    >           1
    >        2
    >        3
    >        4
    >        1
    >        2
    >        3
    >        4
    >        5
    >
    >         Conformance 1
    >
    >         Conformance 2
    >
    >         Conformance 3
    >
    >         Conformance 4
    >
    >
    >   There are a couple of implications that this exposes.
    >
    >     1.. It says that each court that wants to initiate e-filing has a
    choice.  They can point to a previous test or they can force a new one.  ( I
    really don't think that any court believes they can put up a new policy that
    is different that all others
    > and expect existing EFSP software to work for them.  Unless they adopt an
    EFM that has gone through an interoperability test they will not know if
    they conform or not.)
    >     2.. It allows an EFSP and EFM vendor to clearly define what they are
    supporting.
    >     3.. It eliminates uncertainty for the courts.
    >     4.. It allows jurisdictions to group together and influence each
    other.
    >     5.. It is a natural process for vendors who desire to target a
    specific market.
    >     6.. If a jurisdiction adopts a specific EFM they can point to a chart
    that tells what EFSPs will support them without having to go through an
    interoperability test themselves.
    >
    >   Dallas
    >
    >
    >
    >
    >
    >
    >   ----- Original Message -----
    >   From: <Tom.Clarke@courts.wa.gov>
    >   To: <Shane.Durham@lexisnexis.com>;
    <legalxml-courtfiling@lists.oasis-open.org>;
    <legalxml-courtfiling-policy@lists.oasis-open.org>
    >   Sent: Monday, October 21, 2002 1:52 PM
    >   Subject: [legalxml-courtfiling] RE: [legalxml-courtfiling-policy]
    Sdurham - RE: Final Call - Cour t Filing Policy Requirements
    >
    >
    >   > I agree that we need to have a consistent architectural approach to
    Legal
    >   > XML messaging and that it is lacking now.  I'm not sure that is a show
    >   > stopper for Court Policy.  All of its implied API's must be
    implemented
    >   > consistently in EFM and EFSP components in real life, but the current
    spec
    >   > says almost nothing about how that implementation would occur at the
    >   > component level.
    >   >
    >   > -----Original Message-----
    >   > From: Durham, Shane (LNG-CL) [mailto:Shane.Durham@lexisnexis.com]
    >   > Sent: Monday, October 21, 2002 10:24 AM
    >   > To: 'legalxml-courtfiling@lists.oasis-open.org';
    >   > 'legalxml-courtfiling-policy@lists.oasis-open.org'
    >   > Subject: [legalxml-courtfiling-policy] Sdurham - RE: Final Call -
    Court
    >   > Filing Policy Requirements
    >   >
    >   > >> Please give a final thoughtful read. I thank you in advance for
    your
    >   > input and involvement. <<
    >   >
    >   >
    >   > I have attached a word document with my comments.
    >   > (use ms-word's 'view comments')
    >   >
    >   > A prior reviewer's comment's "RLW" are also within the document.
    Those are
    >   > not mine.
    >   >
    >   >
    >   > General comments and conclusion:
    >   >
    >   > As I stated in Boston, I think LegalXML 1.x is not consistently
    structured
    >   > to facilitate an associated Policy structure.  This requirements spec,
    while
    >   > a respectable and very decent starting point, contains a deep
    assumption
    >   > that policies will be specifically developed against CourtFiling 1.x,
    QnR
    >   > 1.x, Document 1.x, etc.  I would suggest we shouldn't be talking about
    >   > CourtFiling policies.. or QnR policies.. but, simply, "LegalXML
    Message"
    >   > policies.  Unfortunately, in LegalXML 1.x, there isn't really a
    consistent
    >   > concept of a 'LegalXML Message'. CourtFiling is a bit different than
    QnR...
    >   > and is a bit different than Document.  As it stands, they would need
    >   > independent policy structures for each of those API.  And, 'policy'
    can be
    >   > ferociously complex... let alone having to develop it against three
    models.
    >   >
    >   >
    >   > The document sufficiently describes the requirements for a LegalXML
    1.x
    >   > policy set.  However, it reveals to me, that a reasonably
    implement-able
    >   > policy set for LegalXML 1.x is not do-able.  I think the work is too
    complex
    >   > because the underlying Filing, Document, and QnR specs do not follow a
    very
    >   > consistent model (which is simply a sign of an immature API... it
    naturally
    >   > happens... no offense to the development's participants, including
    myself).
    >   >
    >   >
    >   > So... I suppose I conclude:
    >   >
    >   > ** I can not approve the spec with respect to its intended use for
    LegalXML
    >   > 1.x, on the grounds that such work is not technically feasible and
    that such
    >   > work would not be implement-able. Furthermore, I do think that
    LegalXML 1.x
    >   > can facilitate the development of any feasible Policy system as
    currently
    >   > envisioned by the LegalXML participants. **
    >   >
    >   > (I do not intend for my position to become a filibuster.  If I am
    virtually
    >   > alone in this opinion, I will withdraw my dissenting 'vote' and allow
    the
    >   > consensus to proceed.)
    >   >
    >   >
    >   > With respect to LegalXML 2.x, and the hopes that it has a more
    >   > 'policy-friendly' approach to its API, a policy requirements spec, at
    this
    >   > time, would be a bit premature but it certainly should be considered a
    >   > serious working draft as LegalXML 2.x takes shape.
    >   >
    >   > - Shane Durham
    >   > LexisNexis CourtLink
    >   >
    >   >
    >   >
    >   > ----------------------------------------------------------------
    >   > To subscribe or unsubscribe from this elist use the subscription
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