Introduction

The Impetus of Judicial Reform

Judicial Reform Strategy and its Challenges

Framework for the Use of ICT

Problems and Lessons of ICT Initiatives

What Does the Future Hold?

Conclusion: How a Strategic Focus can be Achieved Through Learning?

Annex: ICT Experiences

Judicial Reform Strategy and its Challenges:
Reviews indicate that many countries in LAC are confronting these challenges with improvement programs that target the aforementioned deficiencies. Although experience is mixed, indications are that there is a general trend towards improvements and awareness of the importance of judicial reform. As mentioned above, the ingredients of judicial reform are many, multi-dimensional and interrelated, as judicial reform can be looked at from different perspective (e.g. legal, organizational, physical, human resources, user access, economic and financial). The relationships between these factors are neither always clear nor certain. For example, when looking from a legal perspective , the focus is on different legal codes and procedures such as the civil code, penal code, labor code, bankruptcy laws, and tax laws. From an organizational perspective, attention is on institutional functions, hierarchy, coverage, judicial statistics and administrative and judicial efficiency. From a human resources perspective, the focus is on incentive systems, salary regimes, training, promotion, discipline and working conditions. From an economic perspective, the major focus could be on the costs of the poor performance of the courts, the mismatch between the demand and supply of court services, cost-benefits and sustainability of reforms, and the complexity of business transactions and impact of court costs on transaction costs. From a users’ perspective, the focus would be on fairness, efficiency, access and confidence in the system. From a public finance perspective, it is on the adequacy of resource use, transparency and timely execution, and justification for competition for scarce public resources. From a policy perspective, attention needs to be given to vested interests, leadership, equity, fairness, fiduciary responsibilities, future vision and the setting of realistic targets and transparency, appetite for reform, commitment and trust. And finally, from an information and communication technology (ICT) perspective, the target is knowledge sharing, change promotion, communication networks, libraries, databases and case management systems, administration and business or corporate functional systems (on which I will say more).

Knowledge about sequencing, timing, and costs of reform measures is limited. More needs to be learned about their prerequisites, about preparedness for reform and successful implementation strategies. However, broad experience suggests that a comprehensive or holistic strategy that includes the involvement of judges and users, and participatory approaches reduces risk, builds consensus, and promotes reform and results on the ground. It likewise indicates that many reforms in LAC are taking a procedural, organizational and technological focus that presupposes or requires a minimum level of infrastructure for their success. Unfortunately,however, most countries are either unprepared or only beginning to develop these facilities so as to actually benefit from these reforms. For example, oral transparent procedures are being introduced in courts that require hearing rooms where the public can observe court processes (e.g. Guatemala, El Salvador). Oral procedures help reduce corruption and enhance user confidence in the system. As these procedural reforms require a different type of court design and space distribution, physical and ICT facilities are increasingly playing a greater role in anti-corruption measures as well. New Judicial Councils are being created (e.g. Argentina, Bolivia) or reorganized (e.g. El Salvador) where new facilities are needed for the performance of a different role to traditional public office functions. Training rooms, common services such as notification centers, case distribution centers, and record facilities are being modernized, and this is raising standards for the quality and security of facilities. Crime and violence against judges, judicial staff and law enforcement officials have increased awareness regarding building security and access. Peace accords and social and political reconciliation movements in countries are requiring extensions of court services in rural and far-flung areas traditionally cut off from public services, such as court rooms for justices of the peace and public defender offices. Many countries that started implementing these reforms and did not plan for physical and ICT ingredients for reform ran into problems, which in some cases compromised improvements or delayed them. These have caused loss of confidence in the reform process and reduced popular morale.