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Rise Of The Machines: Justice Information Systems And The Question Of Public Access To Court Records Over The Internet, Gregory M. Silverman
Rise Of The Machines: Justice Information Systems And The Question Of Public Access To Court Records Over The Internet, Gregory M. Silverman
Washington Law Review
In the first half of the present Article, I introduce the reader to this technology (Part II) and its likely role in evolving justice information systems (Parts I and III). In the second half of the Article, I enter the debate over whether the public should be permitted access to court records over the Internet. After explaining the origins, history, and principal sides of this debate (Part IV), I argue, first, that when used properly, XML permits the public to have access to court records over the Internet while promoting public safety and protecting personal security (Part V) and, second, …
Designing An Accessible, Technology-Driven Justice System: An Exercise In Testing The Access To Justice Technology Bill Of Rights, T. W. Small, Robert Boiko, Richard Zorza
Designing An Accessible, Technology-Driven Justice System: An Exercise In Testing The Access To Justice Technology Bill Of Rights, T. W. Small, Robert Boiko, Richard Zorza
Washington Law Review
The Access to Justice Technology Bill of Rights project, sponsored by the Access to Justice Board of Washington State, included a committee composed of attorneys, judges, technologists, and librarians charged with envisioning an ideal civil justice system. Our goals were to design a system with certain core values (e.g., due process and access to justice), test the system using a complex family law scenario, determine what opportunities technology brings to the table, and identify what barriers technology creates for persons using the system. This Article describes an idealized civil justice system (System) unlike anything that presently exists. The System is …
The Common Law Process: A New Look At An Ancient Value Delivery System, Dennis J. Sweeney
The Common Law Process: A New Look At An Ancient Value Delivery System, Dennis J. Sweeney
Washington Law Review
Have common law courts subtly and incrementally put themselves out of the substantial and traditional business of law-making or, at least, put themselves out of business as we once knew it? More personally, do I belong here? Or am I helping to betray the common law tradition I preach and practice and which has served the citizens of Washington since statehood and before? The short answer is: I think not. Each of the relevant principles, if they are to have any practical application at all, must someday be applied by a court to an actual case, to an actual controversy. …
Online Court Records: Balancing Judicial Accountability And Privacy In An Age Of Electronic Information, Peter A. Winn
Online Court Records: Balancing Judicial Accountability And Privacy In An Age Of Electronic Information, Peter A. Winn
Washington Law Review
This Article examines the traditional balance courts have reached between the disclosure of information generated by the judicial process and the need at times to limit the disclosure of that information. The Article then examines how this traditional balance is upset when judicial information is placed online. The Article argues that as courts adapt to a world of electronic information, new rules and practices must be established to maintain the policies underlying the traditional balance. While there must continue to be a presumption of openness, courts must limit the disclosure of judicial information when it threatens the effective administration of …
Some Reflections On Long-Term Lessons And Implications Of The Access To Justice Technology Bill Of Rights Process, Richard Zorza
Some Reflections On Long-Term Lessons And Implications Of The Access To Justice Technology Bill Of Rights Process, Richard Zorza
Washington Law Review
The Washington State Access to Justice Technology Bill of Rights (ATJ-TBoR) process (Process), described in detail in both its substantive and procedural aspects in other papers in this volume, has the potential to have a major impact on access to justice in the state—its first and primary goal. In addition, however, it has the potential to have broader implications in the legal world, in the process of legal innovation, in access to other services, and internationally. This paper is intended to start the debate about these implications and how they can be optimized and maximized.
Keeping Attorneys From Trashing Identities: Malpractice As Backstop Protection For Clients Under The United States Judicial Conference's Policy On Electronic Court Records, Michael Caughey
Washington Law Review
Federal courts in the United States have embraced electronic access to court records because it promises to allow courts to run more efficiently. At the same time, critics worry that electronically available court records might provide identity thieves with a trove of clients' personal information. The United States Judicial Conference has adopted a policy endorsing electronic access to court records, but the policy does not contain an express enforcement mechanism to protect clients' privacy. While court-directed protections, such as Rule I 1 sanctions, might help prevent identity theft, they will not help clients after the crime occurs. To recover their …