Jun 25, 2024 By Mike Jones 5 min read

Washington County Prothonotary Laura Hough is asking the state Commonwealth Court to halt an administrative order from the president judge allowing for digital seals and case numbers to be attached to electronic court filings, which would simplify the process in many situations.

Attorney Sean Logue, who serves as the prothonotary office’s solicitor, filed the petition for review Thursday requesting the appellate court to grant a preliminary injunction in the new filing process that paves the way for electronic filing with civil matters coming through the Washington County Courthouse.

The petition names Court Administrator Patrick Grimm as the respondent, but it cites two separate administrative orders by President Judge Gary Gilman on May 3 setting out the process for the digital seals and electronic filing that went into effect earlier this month. The petition for review appears to specifically question the ability of the court administrator and court staff to file through the electronic process.

“Nothing shall prohibit the Court and/or District Court Administrator, or their respective designees, from directly filing an order, notice, or transcript into the C-Track case management system or E-Filing Portal. For purposes of this rule, an order may include an unfiled motion or petition that is attached to order once it has been signed by a common pleas judge,” Gilman’s order states.

The new process allows for judges in the courthouse to electronically file their own orders in civil cases rather than having a clerk walk into the prothonotary’s office to physically file it there. The petition cites as an example the direct filing of 13 orders by a law clerk in Judge Brandon Neuman’s office that applied the prothonotary’s seal without Hough or her staff performing that task.

Hough sent an email to county Commissioners Nick Sherman and Electra Janis, along with Chief of Staff Daryl Price, Logue and several others, raising concerns about the process.

“Evidently, Court Administration has done training for court and admin staff,” Hough wrote in the June 7 email. “These staff (sic) do not have the experience and knowledge of the Prothonotary office processes.”

The petition claims that Hough did not waive any of her duties as prothonotary and that local rules written by the president judge cannot usurp state laws regarding the row office, specifically affixing a physical seal to documents.

“PA state law mandates that the Prothonotary, an elected official, signs and seals all filings in the Prothonotary Office and be responsible for the creation and maintenance of the record,” the petition states. “As interpreted by Court Administration, Local Rule L-205.4(e) would allow Court Administrator or their respective designees to use the Prothonotary stamp and create case numbers without the Prothonotary’s oversight.”

Grimm said Monday he could not comment on pending litigation and referred questions to the Administrative Office of Pennsylvania Courts. Neither Gilman nor an AOPC spokesperson could be reached for comment Monday.

Logus said in an email statement Tuesday that Hough is not opposed to e-filing but in the manner it is being implemented.

“While (Hough) fully supports the implementation of the e-file system and even campaigned on the promise of putting it in place, she has serious concerns about the interpretation of the new local rule,” Logue said in the statement. “Prothonotary Hough is specifically opposed to the provision that allows Court Administration and their designees to use her Prothonotary stamp without oversight, create case numbers, and file documents. These functions, as mandated by Pennsylvania State law, are strictly within the purview of the Prothonotary’s office. By halting the current interpretation of the local rule, Prothonotary Hough aims to preserve judicial integrity and ensure that all legal processes are conducted with the highest level of accuracy and accountability,” Logue said. “This action is not a stance against the e-file system itself but a necessary measure to uphold the responsibilities and legal duties entrusted to her office.”

Todd Pappasergi, president of Washington County Bar Association, said that while he has not had the chance to review Hough’s petition, the organization is in favor of more efficiency in the courts, including through electronic filing.

“The bar association is all about the fair and efficient administration of justice,” Pappasergi said. “From our standpoint, anything that the court or court administration and filing offices can do to assist in the administration of justice – especially making it more efficient for litigants, attorneys and parties – we’re all in favor of it.”

He added that there is a strict and lengthy process in which the public and affected parties can review local rules before they’re implemented, so he’s confident anyone could have raised concerns before they went into effect.

“There’s a big process for local rules going into place,” he said. “The rules wouldn’t be in effect if the processes weren’t followed and they didn’t go through the appropriate channels.”

The petition is asking the Commonwealth Court to take immediate action in the issues, although it’s not known when the appellate court will rule on the matter.

“The injunction will properly restore the parties to their status as it existed immediately prior to the alleged wrongful conduct because it will continue the status quo and halt any further unauthorized use of the prothonotary stamp and improper filing of documents, thereby reinstating the lawful and regulated duties of the Prothonotary,” the petition states.

Editor’s Note: This story has been updated with a statement from prothonotary solicitor Sean Logue.