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

The Impetus of Judicial Reform:
Democratization forces and pressures for more market-oriented economies have made judicial reform a priority for modernizing the machinery of government in Latin American and Caribbean countries. This is equally true for countries rooted in European civil law or English common law traditions [ 2 ]. The reformers’ vision is for the judiciary to deliver more equitable, expeditious and transparent services to citizens, economic agents and the state. They wish for an effective judiciary—capable of enforcing the rule of law—to be strong and independent, consistent in high quality operations, adequate in size, dignified and efficient. They hope it will foster an enabling legal and judicial environment that is conducive to trade, financing and investment and promotes social peace and trust.

To achieve these purposes judicial reform—improvement in the quality and efficiency of the administration of justice—typically involves: simplifying and rationalizing laws and procedures; strengthening the independence of judges; improving the administration of the courts; balancing the costs of justice; upgrading the physical facilities of the courts; improving legal education, training, and user perception of the legal system; expanding access to justice for the poor and other disadvantaged groups; enhancing the quality of the legal profession; providing alternative dispute resolution mechanisms; and strengthening the impact of court decisions on society at large. All these elements are interrelated, multidimensional and need attention over the medium and long term. The administration of justice is essentially a service delivered by the state to the community in order to preserve social peace and facilitate economic development through the resolution of disputes, the enforcement of criminal justice, and the determination of laws.

Against this backdrop, Latin American judiciaries are at a crossroads entering the new millennium. Indicators of inefficient and ineffective administration of justice include lengthy case delays; extensive backlogs of cases; limited access to justice; a lack of transparency and predictability in court decisions; a shortage of financial, physical and other resources; and weak public confidence in the judicial system. Similarly, such forces as population growth, globalization, crime, urbanization, labor migration, poverty, gender bias, human rights, economic failures, peace accords, indigenous rights, technological advances, and citizen demands are making the pursuit fof judicial reform complex on the one hand, but important and opportune on the other. There is a need to restore traditional demand and supply balance of court services in certain countries (e.g. Chile) while in others there is a need to create and expand (e.g. El Salvador) access to court services from scratch or ab initio. In others there is the need to make courts more efficient, transparent, modern and independent (e.g. Venezuela). Others need to expand coverage, streamline traditional means of justice and citizen participation and build trust (e.g. Guatemala). Overall, these challenges offer opportunities as well since judicial reform benefits everyone--the public sector, the private sector, and civil society at large; and Latin American democracies are perhaps more likely to pursue initiatives that might benefit the populations at large. In some places, the conditions are so severe that there are no other alternatives but to move towards reform.