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.  

CTC

The 2009 Court Technology Conference will be held in Denver, Colorado September 22-24. Check out the program here.
I attended CTC for the first time in 1999, in Los Angeles, and have attended all of them (five in all) since then. They are organized by the National Center for State Courts in the U.S., and they are always an interesting mix of experience sharing, highlighting new issues and reactions to present-day problems.
This year's program focuses on keeping things going in difficult times, but it also has Ari Shapiro National Public Radio's justice expert in the opening keynote. There is always the election of the best court web site. I meet friends and colleagues at the special interest group for judges. Another of my favorite items is Fred Lederer's court technology lab.
My plan is to do a blog on the conference every day. My twitterpage @doryontour will announce the program items during the course of the day. So, keep coming back here, and also let me know what you think by sending comments.