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

Framework for the Use of Information and Communication Technology:
As noted, judicial reform has several elements which are intertwined and interrelated. Experience has shown that technological advances can assist in improving institutional reforms and enhancing their impacts. Based on the recently concluded and very successful court technology conference organized by the National Center for State Court in Williamsburg Virginia USA, and Global Judicial Reform Conference and meeting of the Chief Justices for the Judges Knowledge Sharing Network IUDICIS organized by the World Bank in partnership with other development finance institutions in June 2000, several good practice examples are available.

These notably include the strategic use of information and communication technologies in improving access to justice, resource utilization and planning, administration, efficiency and transparency of the system. Some of the most salient experiences occurred in Singapore, Australia, USA (e.g. Arizona state court, US Federal Courts), Brazil (e.g. Federal Supreme Court), Spain (e.g. Pais Vasco) and Canada (e.g. Ontario, and Quebec). After examining these examples, I believe that there are several key lessons to be drawn. One of them is that IT use should be “strategic”. Large computerization programs that are not well integrated into other judicial reform priorities and attention to users are usually counterproductive. They will not enable policy makers to see “positive results” that promote reform. Also, culture change which is induced by IT use takes long, piecemeal approaches that do not work. Change requires constant effort, and unless attitudes and behavior are improved, reform sustainability is jeopardized. Training, open communications, clear incentives and other activities that promote participation help address this need. Judicial reform needs to be developed with local culture and traditions in mind, and activities need to be sequenced with benchmarks to show demonstrable quick results. Early results are essential to strengthen consensus, permit learning and to take on more difficult tasks.

Policy makers need to address several “areas” in order to introduce appropriate technologies for the enhanced performance of the justice system. These include:

• Business systems for overall justice sector governance. Judicial institutions are managed in different organizational settings. Courts, for example, are administratively managed by the Supreme Court in many countries, while in others Ministries of Justice or Judicial Councils run the administration of the courts. However, the basic functions of planning; budgeting; payroll; audit; inventory management; facilities and real estate management; human resource management and administration; public information and publication are areas that need to be supported through ICT. There are several programs and applications in this area which provide examples in the private and public sector institutions that can be easily adapted for use in the justice sector business services. Their underlying purposes are to improve resource utilization, planning and functional effectiveness, and employee and public access to information. Similar systems can be installed in line ministries or agencies of the executive branch that are responsible for the enforcement of court decisions and perform other tasks (e.g. prosecution services, public defenders, police, legal aid agencies, law ministries etc.) which require the attention of policy makers in the allocation of resources and the development of appropriate improvement strategies that have or rely on the use of information and communication technologies. Some examples of these systems include: integrated systems for coordination among criminal justice institutions for crime control, combating traffic problems and family violence matters; statistical systems for the publication of annual reports, and carrying out studies and developing crime prevention policies.
• Operation systems for Courts. The main function of the courts is to provide a fair and effective dispute resolution machinery for the enforcement of court decisions. These areas of legal operations of the courts have several potential applications as well. Case filing and management, case distribution, record keeping, archiving, court management, statistical systems, court fee system, video links for bail bond hearing, the recording of witness testimony, equipment for the presentation of evidence, systems for jury selection, and court reporting are some examples. This area has received a lot of attention in the last few years in Latin America where several countries have invested in the development of case-management systems for criminal, civil, electoral and other courts along with their operation manuals and training. The investments have been at the higher court levels as well as the lower courts. Many of these systems are being developed to support reorganized and or reengineered court organizational structures. For example, for the provision of common court services such as central case notification and document centers and public information offices. State-of-the-art court support systems are also gaining importance such as the “Court Room 21” set up by the NCSC and Williams and Mary law School. These are used for actual trials as well as for training and knowledge sharing.
• Operation systems for judges and other key professionals. Judges are the most important resource in a court system. Many systems have been developed around the world to help improve their judicial/adjudication work. Databases of court decisions and legislation (both local and foreign) are the most common and the fastest growing in view of globalization, EU integration, NAFTA, anti-corruption efforts, drug and law enforcement, human rights concerns and other international needs. The other growing area is that of electronic “Work Bench” and legal information systems, electronic data interchange and other systems that help judges and other legal professionals improve their core legal work (e.g. decision writing). Internal communication systems for email contact and coordination are also widely used in modern judiciaries. “Knowledge sharing” and distance learning through internet and video conferencing are gaining importance and applications. Internet based or PC based continuing education courses for judges and other staff are also being used. Some established judicial schools are converting existing courses in judicial and court administration areas into internet or PC based modules for increased coverage and cost economies within countries and across the region (e.g. Costa Rica and Brazil). Also, human rights courses and coordination systems are being developed for public defenders, prosecutors and court administrators. Programs are also being developed to assist mediators in mediating cases.
• Systems that promote “user access” and linkages. Increased public awareness and participation are hallmarks of democratic societies, and ingredients for the successful rule of law. Systems that facilitate public access to court information in the form of KIOSKS, internet web-sites and other tools help improve the justice system. Legislation and court decision databases for public information and research do so as well. Many countries are using such tools to enhance the transparency of the system and instill user confidence. Also, internet based public information notices about court matters and civic responsibilities are increasingly being promoted in view of the information explosion. Certain court operation systems are being offered access through the internet for improving access to justice. Examples include “a paperless court” initiative of the Singapore Supreme Court, where electronic filing helps cut costs and improve efficiency. US Federal Courts are implementing electronic filing that would streamline the process and enhance effectiveness. Also, the filing of small claims through web based systems helps save money and time, as is the case in the Singapore Subordinate Courts. This is particularly useful in countries or cities where internet connectivity is high.
• Technical features, training plans and related prerequisites. Capital investment plans’ technical analysis needs to be carefully carried out while policy makers assign priorities and prepare for ICT investment decisions. While working out hardware and software needs for the core functional and application areas for court and administrative use, several aspects need to be considered under normal economies of scale criteria. These should include areas such as: technology standards; the market availability of systems; obsolescence; security; the availability of basic infrastructure, including cabling, servers, workstations, mainframe or PC, different networks, digital, voice and video capabilities, and communication equipment etc. There is also a need to review the in-house technical resources and know-how to plan and implement systems. And there is also a major need to assess training requirements and implement plans. Good “internal capacity” to plan and think through some of these areas is critical to successful implementation. Some countries have set up high-level multi-disciplinary teams to address these needs. Some others have created new departments (also established chief information officers) to plan and channel ICT investments. While building in-house basic ICT infrastructure is a critical element of the hardware part of the analysis, issues of in-house software development versus off-the-shelf purchase and/or out-sourcing also need to be analyzed. For some functions, software applications such as payroll, accounting etc may be readily available. But others may have to be developed from scratch, depending on the legal codes and specific legislative variations. There is also the need to review past experiences and draw lessons from them. Many countries have taken the approach of developing master ICT plans to address technical, legal and “institutional” change and reform needs in order to manage and minimize implementation risks (e.g. Venezuela).
• There is also another important factor that needs to be considered when introducing technologies in court: that is the availability and quality of court buildings. Many countries have rented or depleted facilities which makes it very difficult to make investments, or makes it impracticable to provide the minimum safety, environmental and technical needs. For example, the introduction of communication technology through video conferences may be impractical where building space is not connected with the adequate “bandwidth.” Some locations may have the space, but rented; asking telecommunication companies to provide connections may not be in the best interest of the courts. There are developing countries where weather conditions (e.g. severe hot weather or constant rainy conditions) also need to be considered while planning ICT investments. However, in countries where the physical buildings are in short supply, or where the courts are needed quickly, or where demand of courts is cyclical, remote connection or innovative ways may be used. These include wireless technology, KIOSKS and portable court houses to help improve access to justice without heavy capital investment and loss of time (e.g. in Brazil small claims courts are operating through the use of internet technologies and portable minivans; KIOSKS are set up in public places for users to pay traffic fines in Singapore.) Another key area is the rapid pace of technological change. As the cost of technology is going down, obsolescence and related factors are becoming more important.