April 1, 2021 the Honorable Charles T. Canady Chief Justice, Supreme
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Judge Lisa Taylor Munyon, Chair Florida Courts Technology Commission c/o Office of the State Courts Administrator 500 S. Duval Street, Tallahassee, Florida 32399-1900 April 1, 2021 The Honorable Charles T. Canady Chief Justice, Supreme Court of Florida 500 South Duval Street Tallahassee, Florida 32399-1900 RE: Florida Courts Technology Commission Yearly Report Dear Chief Justice Canady: Under the direction of the Supreme Court, the Florida Courts Technology Commission (hereinafter “FCTC” or “Commission”) oversees, manages, and directs the development and use of technology within the branch. In carrying out that purpose, the Commission performs its rule-based responsibilities consistent with the 2016- 2021 Long-Range Strategic Plan for the Florida Judicial Branch. The primary responsibilities of the Commission are developing a compatible technology infrastructure that provides timely, consistent, and useful information by enhancing technology solutions, improving case management, and supporting efficiencies that meet the needs of Florida’s State Courts System; improving data exchanges and integration processes with the clerks, the courts, and other justice system partners; and safeguarding the security, integrity, and confidentiality of court data and technology systems. As Chair of the Commission, I respectfully submit this report on the Commission’s work from April 2020 through March 2021. As you will find documented in this report, the Commission and its subcommittees continue to enhance the broad range of court services and technology solutions designed to meet the needs of court users by improving transparency, interconnectivity, innovation, and accessibility to all, even during the COVID-19 pandemic. The Commission is not making any recommendations to the Court at this time. It has been an honor and a privilege to contribute to these advancements and collaborative accomplishments for the state courts and judicial branch as a whole. Sincerely, Lisa T. Munyon Circuit Judge Enclosure The Honorable Charles T. Canady April 1, 2021 P a g e | 2 Florida Courts Technology Commission 2021 Yearly Report April 1, 2021 The Honorable Charles T. Canady April 1, 2021 P a g e | 3 Introduction On July 1, 2010, the Florida Courts Technology Commission (“Commission”) was formed under rule 2.236, Florida Rules of Judicial Administration. The Commission was established to advise the Chief Justice and Supreme Court on matters relating to the use of technology in the judicial branch. To ensure continuity and experience on the Commission, the Commission has staggered, three-year terms of membership. The Commission is responsible for ensuring that trial technology initiatives are aligned with the Judicial Branch’s Long Range Strategic Plan while complying with technology policies established by the Supreme Court. The year 2020 brought unprecedented challenges for the judicial branch. With the emergence of COVID-19, the courts were faced with achieving two vital interests: protecting public health from COVID-19 infection while also protecting the constitutional rights of Florida’s citizens. The Supreme Court issued Florida Administrative Order AOSC20-13, In Re: COVID-19 Emergency Procedures in the Florida State Courts (March 13, 2020), temporarily suspending jury proceedings and speedy trial procedures. As the pandemic continued, additional administrative orders were issued that suspended most in-person court proceedings and - to keep the courts open and operating to the extent possible while mitigating the spread of the virus - required that to the extent possible court proceedings be conducted remotely. To promote uniformity across the state for remote appearance platforms, the Commission was directed by the Chief Justice to develop proposed standards and best practices for electronic court proceedings. More information regarding this initiative is detailed under the Subcommittee and Workgroup Activities. The move toward remote “virtual” hearings was a major historical shift in state court operations, which have relied heavily on in-person proceedings in the 175 years since Florida became a state in 1845. Favorable feedback was received regarding virtual hearings. Although not conducted as a project of the FCTC, it is beneficial to note here that remote jury trials were piloted during the pandemic as a safer alternative to traditional in-person civil jury trials. The goal was to create the look, feel, and sound of in-person courtrooms remotely. Authorization to conduct remote jury trials was subsequently extended to all trial courts for both civil and criminal cases, under certain limitations. While not yet widely accepted by the legal community, virtual jury trials may become more readily accepted in the future. As the number of new coronavirus cases declines, and more The Honorable Charles T. Canady April 1, 2021 P a g e | 4 people are vaccinated, circuits will resume in-person jury trials but will continue to have some virtual hearings as may be authorized by rule. During the COVID-19 pandemic, progress on initiatives was delayed; however, the Commission continued to make advancements on e-filing, data collection, data management and case management systems, technology solutions designed to expand access to court records, automation of court-related processes, and cybersecurity services. The Commission maintains collaboration with the Florida Court Clerks and Comptrollers (“FCCC”) to establish statewide uniformity on electronic court processes and filing court records through a single statewide point of access via the Florida Courts E-filing Portal (“Portal”). Throughout the COVID-19 pandemic, seven subcommittees and five workgroups were working under the auspices of the Commission to focus on different areas of technology in the courts. Through those subcommittees and workgroups, the Commission has taken on several projects. The Commission’s work, related to tasks assigned to each group, is described in the following Subcommittee and Workgroup Activities section. The Honorable Charles T. Canady April 1, 2021 P a g e | 5 Subcommittee and Workgroup Activities A. Appellate Courts Technology Committee The Appellate Courts Technology Committee (“ACTC”) is a standing committee that reports its technology-based activities to the Commission. Its purpose is to provide technical guidance and consultation to the Commission and the Office of the State Courts Administrator (“OSCA”) regarding information systems development and operational policies and procedures related to automation in Florida’s district courts of appeal. The ACTC is responsible for ensuring that appellate court technology initiatives align with the Judicial Branch’s Long-Range Strategic Plan and comply with standards developed by the Commission. The Long-Range Strategic Plan identified five issues of critical importance to the judiciary. One such issue is “[m]odernize the administration of justice and operation of court facilities,” which includes, in part, the goals of compatible technology infrastructure to improve case management, improved data exchange and integration processes with justice system partners, modernization of court processes, and innovation to meet current needs and future challenges. The importance of reliable, electronic case management solutions has become even more apparent with the onset of the COVID-19 pandemic. The reliance on electronic files and case management is of the utmost importance in the appellate courts’ ability to function with a partially remote workforce. The ability to automate manual processes and support a mobile workforce, along with remote operations and cybersecurity, are crucial to the operations of the appellate courts. During the process of supporting the appellate courts throughout the COVID-19 pandemic, the realization that the current case management systems are lacking vital features necessary to continue to maintain the timely resolution of all cases through effective case management has become more apparent. The ACTC worked closely with the OSCA and the Appellate Case Management Solutions Change Advisory Board in the submission of a legislative budget request for funding a long-term sustainable solution through a commercial-off-the-shelf (“COTS”) appellate case management system. The new system will enable the appellate courts to continue to provide essential appellate court services in the present and post COVID-19 eras. The primary business objective of the proposed COTS appellate case management solution is to modernize the case management functions for the Supreme Court and each of the five district The Honorable Charles T. Canady April 1, 2021 P a g e | 6 courts of appeal to meet the needs of court users and members of the public through the use of technology. This objective includes enhancing security, supporting a mobile and remote workforce, and supplying vital components missing from the current case management system. Along with existing basic functions, components of a modernized appellate case management solution include the following crucial features: • Cloud solutions designed to enhance cybersecurity, stability, performance, and mobility, as well as to support the continuity of operations. • Highly configurable automated workflows, automated case assignment, and calendaring, to increase the efficiency of judicial duties. • Automated electronic service to the parties and participants directly linked to filings to enhance the broad range of court services. • Public and restricted access to dockets and images ensuring