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JAAAMES W. SMITHHHHHH's avatar

Ok. Let's unpack this a bit more from a court technology standpoint/viewpoint. These are my musings on this interesting article. Courts are case-based operations, with judges serving at the top of each case. As such, CMS systems support the processes involved from the opening of a case to its final adjudication.

Oddly, if you asked a judge on any given day about their CMS, they might answer back 'What is a CMS?' There are many technologies in courtrooms, virtual or otherwise, that judges are directly interested in, such as video and sound recording, transcription, language translation, electronic and other documents, party and attorney locating systems, etc. For many judges, the CMS is a summary record keeper that the court's staff manages.

The paragraph above suggests that a CMS is viewed as a necessary documentation system. Still, it is not integral to the court's case-based operations, which are mainly focused on the generation of documents - orders, motions, hearings, etc. To understand the difference in scale between the summary CMS information and the actual court-generated documents, I'll provide an example from a small state in the United States.

Here is the amount of information (minus the error and logging tables, which are the largest tables in the CMS): 3/4 of a gigabyte. Now, compare this to the documents stored for the same case load: 11 Terabytes. Obviously, the vast majority of the court's efforts and focus are on these documents, not the CMS information. As a judge or staff person, the job is to get the documents completed that enable the case to proceed to closure. The CMS exists to attach these documents to the case summary.

Existing CMSes are not integral to the court's daily battle. It is more like an accounting system, important, yes, but only for its summary of what happened, not in actual effort. The CMS is similar to hospitals' building control systems (BCS) of the 1980s that automated (somewhat) building services, such as heating, air conditioning, and air/infection control systems.

To make this analogy clear, I'll travel back to the hospital environments of the 1980s. Each new wing of a hospital received a new building control system that usually did not communicate with the other BCS in the hospital, nor with other hospitals in the corporation. Each BCS control involved a couple of men staring at computer screens, making decisions, and taking actions based on what the BCS displayed.

Obviously, this was expensive, error-prone, and blocked transmission and consolidation of information into a corporate or organizational view of hospital building performance. Fortunately, the creation of an industry-wide standard, BACnet (Building Automation and Control Network), has helped hospital facility management overcome much of this inertia.

Unfortunately, the direct financial pressure clearly identified in the BCS example is hidden in courts under the gowns and wigs of Perry Mason, Horace Rumpole ("Old Bailey Hack"), or Chief Justice John Roberts, weighing the issue adversarially for justice. In reality, most of the court cases do not end up in court.

Many case conclusions do not resemble anything close to the antics of 'My Cousin Vinny.' If we removed traffic, eviction, and credit card disputes from the courts' list of cases under judicial adjudication, the courts' caseload would greatly decrease.

Am I saying that these cases are unimportant? No. I am saying that addressing these cases is more advantageous than adversarial. Judges and lawyers are trained in the adversarial approach, not in arbitration. Courts gear up their case systems to prepare for the courtroom, not for arbitration. Each state court in the United States, and probably many courts elsewhere, is stuck in that BCS room, viewing each case from the bunkered silo of its own view.

Let me provide a concrete example of how this view plays out. I'll start by asking a question: "Of all the events courts deal with, which do you consider to be the most important from a public safety standpoint?"

Some might say death penalty cases. Others might say murder or sexual assault. Each of these statements would be correct from a case perspective. Still, I would argue from a pubic safety standpoint that the publishing of denial of gun purchase rights happening in mental health and family courts is the most critical operation for public safety.

Why do I say this is so? From the criminal side, the police and IJIS do a great job of ensuring that criminals' rights to purchase weapons are listed in the FBI's gun registry called NICS. Great, but ask yourself this: what is the nature of people who have loaded up assault rifles and unloaded on crowds of innocent people, not criminals? I would argue that it is exactly mental and family courts that are on the frontlines of hearing the first echoes of potential mass shooters. Amazingly, no modern CMS, including CourtStack, comes standard with a NICS interface.

I know this because I was responsible for constructing a modern, cloud-based NICS interface to automate and monitor the placement of these records in NICS. It took two years to complete the link to NICS fully. Not because the 125 lines of code were difficult or the technology was new or unavailable. It took time to get the authorization and approval to 'try something new.'

I am not being critical of court management. It is an admission that court leaders are lawyers and judges whose stock-in-trade is tradition and precedent. A time-tested, successful approach to trying the case in the court of law, but it is a real problem when systems thinking and planning are required.

To provide another example, a CMS vendor didn't have an acceptable way to electronically deliver (email) a notice that an event occurred in the case management system. For example, an event would be a hearing, motion, etc. Using some Microsoft standard technologies and another 150 lines of code, and the AWS Simple Email Service, 5 to 20 thousand emails are sent out weekly to attorneys involved in cases.

Much of the court's activities occur in an ecosystem beyond the traditional three-legged stool - Judge, Party, and Lawyer. Think of family services, the department of corrections, DMV, health services, State's Attorney, Public defender, etc., etc.

Modern CMS systems still act as if the case-courtroom bunker is the rule rather than the exception. CMS providers had to be only as good as the three or four other CMS vendors in the market, which includes courts that are building their own or using vCMS Oversystems like CourtStack.

The CMS is an oligarchy, not a dynamic, modern, cloud-based software app market. Recently, Salesforce and Microsoft have been circling, and CourtStack is investing in creating a value-add tool that provides meaningful, quickly produced add-ons to the standard CMS data entry portals. Maybe CourtStack will become the new BacNet of courts. It is time because right now, if you seen one CMS, you've seen ONE CMS - different, and incompatible with all other CMS. A terrible situation for courts and the citizens who believe that courts ensure justice, even if they don't understand or, worse, fear the courts' operations.

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