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.  

Tuesday, October 4 2011

This morning, David Pogue, technology reviewer for the New York Times, opened CTC 2011 with a keynote on Disruptive Technology. He introduced the audience to an awful lot of really cool apps and speculated on a few of their effects. It was very entertaining. The video will be on the NCSC web site soon. It will be well worth watching. Click here for more. Pogue’s talk included some of his songs on Steve Jobs and Bill Gates. Click here for a sample from YouTube.
The panel on Taking Measuring Court Performance Seriously took place right after lunch. The panel was originally conceived as an inernational, comparative discussion on factors affecting the level of serious performance measuring. For the predominantly U.S. audience, the format had been modified. Ron Bowmaster of the Utah courts and Craig Burlingame of the Massachusetts courts talked about their experiences with measuring court performance in their court systems. My role was to provide a wider, more judicial perspective using some of the Dutch courts’ experience and observations from other courts systems I have worked with. Invariably, output-based budgeting attracts attention, and this time was no different. The message, however, was to ensure quality measuring to counterbalance too much attention to quantitative aspects. The session was moderated by Richard Schauffler of the National Center.
The other highlight of the day was the session presenting a study on videoconferencing in Australia – and some courts in Europe by Anne Wallace. It shows there is much more to videoconferencing in courts than meets the eye, so to speak. The use of technology changes communication, and therefore the understanding of the statements being made.
The technology exhibition opened at 5.00. Vendors are offering case management systems, these days most of them are integrated solutions. Some of them remain vague when asked in how many courts their solutions have been implemented. The coolest thing I saw was a completely silent keyboard made of a rubbery, silicone material, Completely waterproof, and completely silent. It would be a great asset to any courtroom where keyboards are used to input information. And of course, there is the hunt for the coolest gadgets distributed by the vendors. In these days of crisis, the booty is small. A pen that lights up, a 2 gigabyte usb-drive, a yoyo that does not work very well. Anyway, more tomorrow.