How many ways are there to approach court reform? The #JARA conference in Limoges, France 10-12 June, explores a wide range:  #courts and #judiciaries are no longer taken for granted, the cliché says. How to approach and research court reform to increase legitimacy, trust and accountability of courts? Think independence, governance, managerialisation, procedural justice, trust, confidence and accountability and judiciary professions.

Information technology plays a major role in court reform. #IT must support fair #justice, not cost reduction. This poses issues for judicial independence, such as judicial digital governance, illustrated by examples of E-justice concrete cases and justice data spaces. Artificial intelligence #AI poses new issues for reforming judicial processes, also illustrated by concrete cases.

https://jar-association.eu/getting-ready-for-limoges-2025/

Twenty years ago, I  was on the Justice millennium task force.  We  were tasked with making scenarios for all sorts of eventualities in case of the millennium bug causing various forms of computer failure. For the under-30s: this bug could not recognize 2000 as a valid year and might stop our computers from working properly. We ruminated on eventualities: what if the electricity stops? If the electricity stops, what about the technology that manages the water table? A serious issue in a country that is largely under sea level. What branch of justice should be given priority when this happens? We quickly realized how futile this discussion was. When everything is two feet under water, giving priority to the family courts or even the juvenile courts was no longer really an option.

So, twenty years later, how do courts cope with the emergency of COVID-19? Most courthouses were closed, except for emergencies. Family cases might not count as emergencies any time soon. But what if, as happened in the Netherlands, a father cannot exercise his visiting rights because of COVID-19? My guess is that resolving this would require a face to face hearing with both parents. Besides, courts are needed as a check on governments’ use of their emergency powers, too.

Courts are turning to information technology to keep their business open. Staff and judges may be able to work from home. Some courts allow filing documents by (more or less secure) email to keep contaminated paper out of the courts. Various videoconferencing tools are in use to for hearings when necessary. Courts find them surprisingly easy to use. The hardest problem to solve is public scrutiny. Both the Federal courts in the US and the Dutch courts are allowing repeat users, such as the press, to follow hearings by video. The Dutch Bar Association urged the judiciary to open up more possibilities for work to continue. Online tools are becoming the rule, and the case judges have discretion to order face to face hearings where absolutely necessary. A second category of (somewhat less) urgent cases has been identified.  

One of my projects right now is to think about IT in courts in 2020. The Dutch judiciary is doing some brain storming on the future, and this will be input for some of the sessions. In 2002, we made some projections about court IT in 2008. So I started out by revisiting our 2002 projections for 2008 to see what had been realized. Workplace on line access to sources of legal information (jurisprudence, laws and legislation history) for judges and court staff, and nationwide coordination the case load of large criminal cases are both a reality in 2008. The plan for a single case registration system? Nope! Practically all the other projections depended on the new case registration system being in place, so the list of successes is short.
Dutch courts are not at the forefront of IT development in Europe, according to the latest report from CEPEJ. The Commission Européenne pour l'Efficacité de la Justice has gathered information about court operations since 2002. The results show how a few countries have actually managed to leverage IT to transform their court processes: the UK, Finland and Austria are examples. The second echelon are able to use the Internet for informal email and for finding information, but not to interact with court users. Interaction would require changes in processes that are hard to achieve. Right now, we can only speculate about the reasons: formal legal requirements (can they be deformalized?), security needs (is that high security level really necessary?), lack of experience with electronic information processing (do we need more experimentation?). And most importantly: how can we learn from the others?
Keep watching this space, these issues will be explored here.