The Administrative Office of the U.S. Courts has issued an RFI seeking information on cloud-based services to support the federal judiciary’s current and future IT needs. While the judiciary is not yet seeking proposals or looking to hire a provider, it is very interested in learning about the implementation of cloud broker contracts within other areas of the federal government.
Another under-the-radar example of how the courts operate like major organizations quite apart from their public personae as robed oracles of the law.
One of the main concerns expressed by lawyers and judges about courtroom cameras is that they will lead to grandstanding and obnoxious courtroom behavior. But the experience in Minnesota state courts suggests that these concerns are overblown. Using a bit of a loophole in the law — sentencing proceedings do not require assent from the parties — more media are gaining camera access to high-profile sentencings. The results have been mostly positive.
There are ample reasons to want to protect the privacy of victims, jurors, and witnesses during trial. But there are also ample reasons to make the open forum of the courtroom truly open to everyone. Video access of court proceedings is assuredly compatible with safety, due process, and substantial justice.
Following the recommendation of its Access to Justice Commission, the Massachusetts Trial Court Department is taking immediate steps to lift the ban on cell phones on state courthouses.
The Commission’s report
cited hardships such as the inability of self-represented litigants to present photos or text messages as evidence to a judge, to consult their calendars, to reach child care providers, or to transact other “essential” business.
The recommendations of the working group include a full review of all courthouse bans to determine whether they are justified, and a pilot program to test the use of magnetically locked security pouches.
“Instead of using a strategy that relies on prohibiting the possession of cell phones as a condition of entry, each courthouse should employ a strategy, tailored to its security needs, that relies on regulating and controlling the use of cell phones within the building,” the authors of the report wrote.
This seems like a sensible step in the right direction. The made sense to ban phones in an earlier era, where the potential distraction might outweigh their value. But the near necessity of cell phones today–for child care and emergency communications, as memory and scheduling devices, and as carriers of critical personal information–merits a different response.
File this one under: Things courts do because they are big organizations.
Earlier this month, the Procurement Office of the United States Courts issued a Request for Information for a cloud-based learning management system that could accommodate up to 20,000 users. The purpose is to update the court system’s existing learning management system, and make it easier for federal court employees across the country to engage in web-based training.
This got a lot of attention among the private organizations that provide IT services to the government, but virtually no attention anywhere else. But it is a reminder that the primary theme of this blog — that court system are massive organizations whose day-to-day behavior mirrors that of other massive organizations — is in evidence behind the scenes on a regular basis.
Which is the best model for charging for access to court records: a rest stop, a bus pass, or a bake sale?
What (if anything) should the judiciary charge for public access to records, and how should that decision be made? That question is now squarely facing the federal courts and Congress.
I have blogged periodically about the 2016 class action lawsuit alleging that the federal courts overcharged users for access to its electronic public records system (known as PACER), and used the surplus to fund a variety of internal projects. Last spring, a federal district judge granted partial summary judgment to the defendants as to liability, but concluded that some of the project funding had indeed exceeded Congressional authorization. The decision is now on appeal.
Although no decision will be coming for a while, a number of recent events have returned the case to the public eye. In late January, several prominent, retired federal judges filed an amicus brief arguing that the courts should not charge any fees for public access to court records. That brief led to a story in the New Republic entitled “The Courts Are Making a Killing on Public Records.” All the while, the five-week federal government shutdown forced the courts to use up all of their “rainy day” resources and put them on the verge of operating without funding, illustrating the relative financial fragility of the courts as an organization.
I take as a given that the federal court system, as a whole, is committed to providing public access for all. But it is also a given that on an organizational level, the court system feels an obligation to protect its core activities from environmental disruption, including financial disruption. The current lawsuit provides an excellent illustration of the underlying tension between those values, and also suggests a solution. More below. Continue reading “The PACER class action and the problem of court funding”
This week saw the formal announcement of two new efforts to modernize state court systems through technological improvements. The Pew Charitable Trusts announced an initiative, in partnership with the National Center for State Courts, American Bar Association, state court administrators, and private tech companies, to “modernize key aspects of the nation’s civil legal system and make it more accessible to the public.” Among the projects are developing more online tools for litigants and the public; using artificial intelligence to understand common language legal questions; and expanding online dispute resolution.
Separately, the Institute for the Advancement of the American Legal System (IAALS) released a new report entitled Eighteen Ways Courts Should Use Technology to Better Serve Their Customers. Among the report’s recommendations are:
- Ensure court information and services are accessible through smartphones and ensure up-to-date wayfinding.
- Allow court users to present photos, videos, and other information from their smartphones in court.
- Enable court users to appear by telephone or video conference.
- Facilitate easier scheduling of hearings using common digital calendar platforms.
- Allow online payment of fees and other costs.
- Create opportunities for users to access forms and other case-related information remotely and simplify the completion and filing of those forms, including electronic filing, and eliminate notarization requirements.
- Deliver automated court messaging about upcoming hearings or missed events and allow that messaging to help guide users through the process.
Substantively, both projects are directly responsive to an increasing number of self-represented litigants who desperately need help navigating the legal process. In the spirit of this blog, the projects also demonstrate how the courts can partner with organizations in their immediate environment to improve their outreach and service.