Seeking Information About Court Automation a Ten Minute Online Survey

Transcription

1 Seeking Information About Court Automation a Ten Minute Online Survey This survey is designed and administered by staff of the World Bank. Its purpose is to gather information about the extent to which courts of justice across the world are effectively using automated case database systems to improve their efficiency and effectiveness. Inquiries about this survey may be referred to Barry Walsh at bwalsh@worldbank.org In order for you to participate in this survey, we ask that you offer information about a specific court with which you are familiar ideally a court in which you may work or have experience of. That court will be referred to in this survey as "your court". 1. COUNTRY: What country is your court in? (it may be any country) 2. COURT NAME: What is the official name of your court? 3. COURT COVERAGE: Is your court a national court or at a sub national level? (a) It is a national court (b) It is a state or provincial or regional court (c) It is a local level or city court 4. COURT LEVEL: Which of the following best describes your court in terms of the types of cases it processes? (a) It is a first instance (basic) court of general jurisdiction (b) It is a first instance (basic) court of special jurisdiction (c) It is a second instance (intermediate/ appellate) court of general jurisdiction (d) It is a second instance (intermediate/ appellate) court of special jurisdiction (e) It is a superior (highest) court of general jurisdiction (f) It is a superior (highest) court of special jurisdiction (g) Page 1

2 . SPECIALIZATION: If in the last question you described your court as of SPECIAL jurisdiction, which of the following best describes the nature of that area of specialization? My court is NOT a court of special jurisdiction (a) Criminal or infringement cases (b) Commercial or other money claims (c) Family or inheritance of other personal disputes (d) Labor or employment disputes (e) Administrative disputes (i.e. with an agency of government) (f) Land disputes (g) Constitutional or cassation cases (h). MOST NUMEROUS CASES: Whether or not your court is a specialized court, which of the following best describes the most numerous type of case processed by your court? (a) Criminal or infringement cases (b) Commercial or other money claims (c) Family or inheritance of other personal disputes (d) Labor or employment disputes (e) Administrative disputes (i.e. with an agency of government) (f) Land disputes (g) Constitutional or cassation cases (h) Page 2

3 7. DATABASE USAGE: Does your court use an electronic case database to track or manage the category of cases you nominated in your answer to the last question (i.e. to manage the most numerous case type in your court)? yes no an electronic case database is only partly used for those cases About Your Court's Electronic Case Database The following questions about electronic case databases relate to the database used in your court for the most numerous type of case processed, as you have indicated earlier in this survey. 8. ELECTRONIC CASE REGISTRATION: Which of the following features of your court's electronic case database apply to the registration of information about NEW cases? book. (a) It is used to record summarized information about a newly registered case INSTEAD of recording that information in a paper register (b) It is used to record summarized information about a newly registered case IN ADDITION TO recording that information in a paper register book. (c) It is used for ELECTRONIC FILING of newly registered case documents INSTEAD of registering a paper document. (d) It is used for ELECTRONIC FILING of newly registered case documents IN ADDITION TO registering a paper document. (e) It is used, in the case of frequent litigants (such as police and prosecution agencies or major debt collection agencies), to electronically file summary information about many new cases at the same time (e.g. by a dedicated system of bulk electonic data transfer). (f) It is used to account for the receipt of court fees that are paid for the purpose of filing a new case record. (g) It is used to receive and accept ELECTRONIC FILING of some additional documents after a case is already registered. Page 3

4 9. ALLOCATION OF CASES: Which of the following features for processing the allocation of newly registered cases to judges are available using your court database? (a) The computer software used will randomly allocate a newly registered case to a judge (or court) without any human intervention. (b) The computer software used will randomly allocate a newly registered case to a judge (or court) with some human intervention to adjust or overrule the computer's selection. (c) The computer software will randomly allocate new cases, but it will not re allocate a case randomly when it is then to be transferred from one judge to another. (d) The computer software used will randomly RE ALLOCATE a case when a judge orders that it be transferred to another judge without any other human intervention. (e) The computer software used will randomly RE ALLOCATE a case when a judge orders that it be transferred to another judge with some human intervention to adjust or overrule the computer's selection. (f) Although my court computer software is designed for random case allocation, that feature is seldom or never used in practice. (g) My court's database is not designed for computer managed random case allocation. 10. DOCUMENTS: Which of the following features for electronic recording or production of documents are availalble from your court database? (a) Production of documents using data from the database for printing or ing (e.g. letters, case lists, notification of the scheduling of cases for hearing) (b) The storage of documents in PDF or in word processed format that may be submitted electronically to the court by an advocate, litigant or process server (e.g. service of process reports, documents lodged by parties in a dispute, transcripts of oral evidence, reports from expert witnesses) (c) The storage of s that may be received by the court, or sent by a court officer, about a specific case (d) The storage of non text electronic records about a case (e.g. sound recordings, video clips, maps, photographs, spreadsheets) (e) A website interface that permits a person from outside the court to gain internet access to information about a specific case (e.g. information about a future date on which the case may be scheduled for hearing) Page 4

5 11. WORKFLOW "PUSH" SOFTWARE: Some databases have workflow management features to push a case from one step to the next so that court staff are reminded of the scheduling of the case for hearing or some other future event. This means that the software will remind court staff when there is a need to input new information as a case progresses. Which of the following statements best indicates the extent to which the database of your court applies automated workflow features? (a) Most of the data entry tasks for most cases are managed by workflow prompts and reminders using software logic. (b) The database has no workflow features court staff have to remember to check each case against the database record when it is due to be updated. (c) The database has some workflow features, such as reminding staff to update court hearing results, but workflow rules are not applied to all steps in a case, so that sometimes data entry is not complete. 12. FUTURE DATE CERTAINTY: Some courts apply a policy of requiring that all pending cases be listed for hearing before a judge at some future point in time, to ensure that the case is not overlooked. Which of the following statements best describes the policy and practice of your court in pursuing future date certainty for pending cases? (a) My court has no policy for future date certainty cases are regularly adjourned without being listed for a future hearing date. (b) My court has a policy for future date certainty that is usually followed requiring either that all pending cases be listed for a future date or that they be placed in a special list for regular review by the court. (c) My court has a policy for future date certainty, but it is regularly not followed. (d) My court has a policy for future date certainty, which is enforced by the electronic case database a pending case is required to be given a future date for hearing. (e) My court has a policy for future date certainty, which the electronic case database will flag in particular cases, but the flag can be readily overruled or ignored. Page

6 13. DATA ENTRY: Which of the following best describes the ways in which new data is entered into the electronic case database? (a) Data entry in my court is normally done by one person (or a pool of data entry staff), who will record the results in each case on a regular basis. (b) Data entry in any case may be done by different court staff, including supervising staff, according to the type of information to be updated. (c) In addition to court staff, judges or a judge's personal staff will use the database in the courtroom or in the judge's office to update some information on a case. (d) I do not know who does the data entry in my court. 14. ACCURACY AND COMPLETENESS: Which of the following statements best indicates the accuracy of the electronic case database in your court? (a) Court staff usually rely on the database as complete, accurate and up to date. (b) Court staff sometimes do not trust the accuracy or completeness of the database and will often check the paper court file as well. (c) The database is regularly out of date, so that court staff routinely prefer to rely on the paper court file instead. (d) Court staff must use and rely on the database, as it is usually too difficult to gain access to the paper court file. (e) I do not know how much the database is relied upon by court staff. 1. STATISTICS: Which of the following features for processing case information are available from your court's electronic case database? (a) Production of case WORKLOAD statistics about cases registered and cases disposed (e.g. monthly or annual case clearance statistics). (b) Production of case WORKLOAD statistics about cases pending or not yet disposed (e.g. monthly or annual pending caseload or backlog statistics). (c) Production of case OUTCOME statistics about the age of cases that are DISPOSED (e.g. for cases disposed within a period of a month or year). (d) Production of case OUTCOME statistics about the age of cases that are PENDING (e.g. at the end of a month or at the end of a year). (e) Production of case OUTCOME statistics about the type of orders made by the court when cases are DISPOSED (e.g. the number of cases in which a civil court award is made in favor of the claimant or, in a prosecution, the number of cases in which a conviction is recorded). (f) Production of JUDICIAL WORKFORCE statistics (e.g. the number of judges on duty to process cases from week to week). (g) none of these Page

7 1. ORDERS AND JUDGMENTS: Which of the following features for producing court orders and judgments are availalble from your court database? (a) Production of a summons, interim order and injunction documents for service on a party in a case (b) Production of a final order or judgment in a case. (c) The capacity to transmit an official court document of any kind by means of or other electronic form of communication. (d) The publication of a court order or judgment in CIVIL cases on a public website so that it may be accessed by the media or other members of the public. (e) The publication of a court order in a CRIMINAL case on a public website so that it may be accessed by the media or other members of the public. (f) none of these 17. DATABASE STRENGTHS: Please indicate by a short sentence your opinion about the STRENGTHS or ADVANTAGES of your court's electronic case database. 18. DATABASE WEAKNESSES: Please indicate by a short sentence your opinion about the WEAKNESSES or DEFICIENCIES of your court's electronic case database (i.e. the functions of that database you believe might be improved or expanded)? About You Page 7

8 19. YOUR ROLE: Which of the following best describes the main role you perform in your court (or previously performed)? (a) As a judge doing case work. (b) As a judge doing case work as well as administrative work. (c) As a court employee or contractor assisting judges with case work. (d) As a court employee or contractor doing general administration work other than case work. (e) As a court employee or contractor doing specialized work in my court (e.g. ICT, accounting, building security). (f) As an employee of a law department, such as a ministry of justice, or member of the private legal profession. (g) As a prosecutor or an assistant prosecutor. 20. YOUR NAME: What is your name? (leave blank if you wish to remain anonymous) 21. YOUR ADDRESS: If you would like to receive information about the results of this survey, please provide in the box below an address to which those results can be sent 22. THIS IS THE LAST QUESTION How long has it taken you to complete this survey? Less than minutes Less than 1 minutes More than 20 minutes Less than 10 minutes Less than 20 minutes Thank you for taking the time to complete this survey. Page 8