Federal Judge Pioneers Electronic Court Orders With Notary's Help

WASHINGTON, D.C. — Opening the door for completely electronic transactions in the federal court system, U.S. Magistrate Judge John M. Facciola became the first federal jurist to use an electronic digital credential to sign judicial orders from his court. But before this judge could begin using his electronic credential, the process required a Notary to verify his identity.

Until now, the federal court system has been hampered in implementing paperless filings because judges still needed to sign paper documents by hand. Facciola’s move begins to close that gap and pave the way for court proceedings to become completely electronic.

The event breaks new ground in another way. Facciola obtained his digital credential in the first, all-electronic identity enrollment process ever performed by a Notary serving as a Trusted Enrollment Agent™ (TEA). After vetting his identity, 2009 Notary of the Year and TEA Elaine Wright electronically signed Facciola’s application with her own electronic credential.

TEAs have been actively involved with vetting the identities of those seeking digital identity credentials but up until now have performed their duties using paper documents only. The enrollment demonstrates that the involvement of a Notary to verify the identity of individuals face-to-face remains a vital aspect of protecting electronic transactions.

The latest move is part of a growing trend toward incorporating electronic records, signatures and notarization in the judicial system.

For instance, judges, prosecutors and police in several Minnesota counties are participating in an “eCharge” pilot program, which allows all charging documents for criminal offenses to be notarized and filed electronically. And not to be outdone, judges in San Antonio, Texas, are signing warrants electronically.