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Future Trends in State Courts 2010 Special Feature on International Courts Future Trends in State Courts 2010 Special Feature on International Courts A nonprofi t organization improving justice through leadership and service to courts Board of Directors, National Center for State Courts Christine M. Durham, Chief Justice, Supreme Court of Utah, Chair Steven C. Hollon, Administrative Director, Supreme Court of Ohio, Vice Chair Wallace B. Jefferson, Chief Justice, Supreme Court of Texas, Chair-elect Lilia G. Judson, Executive Director, Division of State Court Administration, Indiana Supreme Court, Vice Chair-elect Mary Campbell McQueen, President, National Center for State Courts, Williamsburg, Virginia Daniel J. Becker, State Court Administrator, Supreme Court of Utah George S. Frazza, Esq., Patterson Belknap Webb & Tyler LLP, New York, New York Rosalyn W. Frierson, State Court Administrator, South Carolina Court Administration Richard C. Godfrey, Esq., Kirkland & Ellis LLP, Chicago, Illinois Eileen A. Kato, Judge, King County District Court, Washington Rufus G. King III, Senior Judge, Superior Court of District of Columbia Dale R. Koch, Senior Judge, Circuit Court, Oregon Brenda S. Loftin, Associate Circuit Judge, St. Louis County Circuit Court, Missouri Margaret H. Marshall, Chief Justice, Supreme Judicial Court of Massachusetts Charles W. Matthews, Jr., Vice President & General Counsel, ExxonMobil Corporation, Irving, Texas Mary McCormick, President, Fund for the City of New York Manuel Medrano, Esq., Medrano & Carlton, Los Angeles, California Donna D. Melby, Esq., Paul Hastings Janofsky & Walker, LLP, Los Angeles, California Edward W. Mullins, Jr., Esq., Nelson Mullins Riley & Scarborough LLP, Columbia, South Carolina Barbara R. Mundell, Presiding Judge, Superior Court, Maricopa County, Arizona Theodore B. Olson, Esq., Gibson, Dunn & Crutcher LLP, Washington, DC Robert S. Peck, President, Center for Constitutional Litigation, P.C., Washington, DC Ronald B. Robie, Associate Justice, Court of Appeal, Third Appellate District, Sacramento, California Suzanne H. Stinson, Court Administrator, 26th Judicial District Court, Benton, Louisiana Larry D. Thompson, Senior Vice President & General Counsel, PepsiCo, Purchase, New York Eric T. Washington, Chief Judge, District of Columbia Court of Appeals, Washington, D.C. Future Trends in State Courts 2010 “I promise you . that we Edited by will continue to pursue Carol R. Flango that quest for ‘perfect Amy M. McDowell justice’ with courage, Charles F. Campbell honesty and integrity. Neal B. Kauder And that we will not rest Knowledge and Information Services Staff until all who seek justice in our Jesse Rutledge, Vice President, External Affairs Linda R. Caviness, Executive Director, KIS and Association Services court system, have ‘equal access’ to it.” Carol R. Flango, Director, KIS Joan K. Cochet, Library Manager - Hon. Timothy C. Evans Gregory S. Hurley, KIS Analyst Chief Judge, Cook County, Illinois Amy M. McDowell, KIS Analyst Recipient of the 2009 William E. Raftery, KIS Communications and Research Specialist William H. Rehnquist Award Deborah W. Saunders, KIS Analyst for Judicial Excellence Nora E. Sydow, KIS Analyst Lin L. Walker, Technology Analyst Cheryl L. Wright, Senior Administrative Specialist This report is part of the National Center for State Courts’ “Report on Trends in the State Courts” series. Opinions herein are those of the authors, not necessarily of the National Center for State Courts. Copyright 2010 National Center for State Courts 300 Newport Avenue Williamsburg, VA 23185-4147 Web site: www.ncsc.org ISBN: 0-89656-274-3 Suggested Citation C. Flango, A. McDowell, C. Campbell, and N. Kauder. Future Trends in State Courts 2010 (Williamsburg, VA: National Center for State Courts, 2010) ii Future Trends in State Courts 2010 ACKNOWLEDGMENTS Sammon, Joseph R. Sawyer, David Schanker, Suzanne H. Stinson, Lee Suskin, Nora E. Sydow, Suzanne K. Tallarico, the Honorable Ben F. Tennille, Karl E. Thoennes, The editors of Future Trends in State Courts 2010 sincerely thank each of the many Richard Van Duizend, Lin L. Walker, Nicole L. Waters, Gwen W. Williams, and individuals who contributed to this year’s edition. Without the benefit of the Richard Zorza. insights provided by these NCSC colleagues, consultants, and experts, Future Trends would not be possible. Our gratitude extends to members of the court community who enthusiastically shared information about the challenges currently faced by their courts, and the We would like to note our especial thanks to the Honorable Sandra Day O’Connor projects being undertaken to address those challenges. These contributions are for graciously agreeing to author an article for the 2010 edition emphasizing the reflected in the content of the articles and demonstrate the value of networking and importance of civic partnership to the courts, as well as to Abigail B. Taylor, Elijah collaboration among the members of the state court community—one of the major Alper, and Lorinda I. Laryea of the Our Courts project. goals for which the National Center for State Courts was founded. The editors also extend a most sincere thank you to Dr. Thomas M. Clarke for The editors would like to thank VisualResearch, Inc.—Neal Kauder, Patrick Davis, selflessly sharing his knowledge and expertise with regard to the foundational Kara Humphreys, and Kimberly Langston—for their assistance with the layout and principles of reengineering, as well as his experiences with reengineering graphics for the 2010 edition of Future Trends in State Courts. applications among the state courts. The editorial staff would also like to recognize Contributions to articles published in Future Trends in State Courts 2010 once again LexisNexis for their ongoing provision of online reflect assistance from many internal and external contributors for whose efforts legal resources and research support. we are sincerely grateful. We acknowledge our thanks to Paula L. Hannaford- Agor, Judith A. Amidon, Erica Bakies, Robert N. Baldwin, Daniel J. Becker, Shay C. Bilchik, Ephanie A. Blair, the Honorable David Brewer, the Honorable John Defining a Trend for the Purposes of this Publication T. Broderick, Jr., Michael L. Buenger, Pamela M. Casey, Kathy Mays Coleman, Katherine A. Dabney, Chris Davey, Zelda M. DeBoyes, Jude Del Preore, Mark W. Future Trends in State Courts 2010 takes a somewhat broad Denniston, Callie T. Dietz, John Doerner, John W. Douglas, the Honorable Christine view of what a trend is. Trends require us to determine first which M. Durham, Paul Embley, S. Kay Farley, Claudia J. Fernandes, Kala M. Finn, Victor is working; how it started; how it is catching on; and only then how E. Flango, Diana Graski, Gordon M. Griller, Daniel J. Hall, Nathan Hall, Roger A. Hanson, the Honorable Tom Hodson (ret.), Steven C. Hollon, Sheau Peng Hoo, we anticipate it will spread in the future. Since proven practices Anne Dannerbeck Janku, Corinne B. Jones, Claudia C. Johnson, William Kaschak, are much more likely to be adopted and to spread than the very F. Dale Kasparek, Jr., Ingo Keilitz, Peter Kiefer, Laura G. Klaversma, the Honorable latest innovations, the reader will find proven practices being Dale R. Koch, the Honorable Cindy S. Lederman, Cynthia Lee, R. Dale Lefever, Gregory J. Linhares, Nancy A. Livermore, Jane Macoubrie, John T. Matthias, Terri highlighted as “trends” in this report. The reader will find many March, Ernest J. Mazorol III, James E. McMillan, Mary Campbell McQueen, John of the articles presented here focusing on those “trends” that may Meeks, the Honorable Gregory E. Mize (ret.), Lorri W. Montgomery, Patricia H. represent innovations or best practices that would benefit courts that Murrell, Megan O’Brien, Christine O’Clock, the Honorable Sandra Day O’Connor have not tried them yet. (ret.), Travis Olson, Brian J. Ostrom, Theresa Owens, Cynthia Paoletta, Jude Del Preore, the Honorable Paul Quan, Kristina Rosinsky, Jesse Rutledge, Mary T. Future Trends in State Courts 2010 iii We sincerely thank the members of the Future Trends in State Courts Review Board for the contributions of their time and subject-matter expertise. 2010 REVIEW BOARD MEMBERS Robert N. Baldwin, Executive Vice President and General Counsel, NCSC Thomas M. Clarke, Ph.D., Vice President, Research and Technology, NCSC Kathy Mays Coleman, Of Counsel, NCSC Katherine A. Dabney, Development Director, External Affairs, NCSC Zelda M. DeBoyes, Court Administrator, Aurora Municipal Court, Colorado Jude Del Preore, Trial Court Administrator, Superior Court, Burlington Vicinage, New Jersey Callie T. Dietz, Administrative Director of Courts, Alabama John Doerner, Principal Court Management Consultant, Court Services, NCSC Paul Embley, Chief Information Officer, Technology Services, NCSC Claudia J. Fernandes, Senior Education Specialist, Judicial Council of California Kala M. Finn, Program Manager, International Programs Division, NCSC Victor E. Flango, Ph.D., Executive Director, Program Resource Development, NCSC Diana Graski, Court Technology Associate, Technology Services, NCSC Roger A. Hanson, Consultant, Colorado Claudia C. Johnson, Court Collaboration Circuit Rider, Pro Bono Net Peter Kiefer, Deputy Court Administrator, Maricopa Superior Court, Arizona Laura G. Klaversma, Court Services Operations Manager, Court Services, NCSC The Honorable Dale R. Koch, Senior Judge, Multnomah County Circuit Court, Oregon The Honorable Cindy S. Lederman, Presiding Judge, Juvenile Court, Miami-Dade County, Florida Ernest J. Mazorol III, Trial Court Administrator, 11th Judicial District, Oregon
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