Rapid Response Team Releases New Guidance on Implementing AI Technologies

Courts seeking guidance on artificial intelligence (AI) now have access to two new resources, thanks to the AI Rapid Response Team (RRT).

The National Center for State Courts (NCSC)’s Getting Started and Platform Considerations resources provide practical interim guidance for courts on experimenting with AI tools, understanding how AI technologies use data, and evaluating contractual terms and conditions.

“This new guidance enables courts to confidently take some initial steps in experimenting with AI technologies to understand their potential moving forward,” said Shay Cleary, an NCSC Court Consulting Services managing director and AI RRT staff lead. “This guidance puts courts in the right direction.”

The AI RRT is a joint project of NCSC, the Conference of Chief Justices (CCJ), and the Conference of State Court Administrators (COSCA).

Visit the AI RRT resource center to read the interim guidance and for current information and resources for both state and federal courts.

New Report Shows How Courts Are Improving Hybrid Hearings

In a newly released report, Hybrid Hearings Improvement Initiative, NCSC, shares examples of how courts expanded pre-pandemic virtual and hybrid proceedings or quickly adopted new technology and practices to accommodate new ways of doing business. The report notes that courts are now using remote and hybrid hearings throughout all 50 states in differing degrees for both civil and criminal case types. By definition, a hybrid hearing is one in which at least one participant is attending from the courtroom using the room’s audio/video infrastructure and at least one participant is attending remotely either via videoconferencing platform or phone, using audio, video, or both.

“The Hybrid Hearings Improvement Initiative was a natural extension of NCSC’s work during the pandemic,” said Lindsay Hafford, NCSC project director and principal court management consultant. “Connecting technology partners directly with courts provided an invaluable exchange for all participants as they worked toward the common goal of system improvement.”

The initiative reached courts in 28 states, two territories, and one tribal jurisdiction. The five technology partners — Cisco, Logitech, Speech 2 Data, televic, and Zoom for Government — supported the project with hardware, software, funding, and training.

The report features examples from 14 courts that demonstrate how funding; technology; facilities; staffing; and processes, procedures, and policies are all key to hybrid hearings’ success. Additionally, NCSC offers related resources, strategies, best practices, and guidance for successful virtual and hybrid hearings.

For more information and to read the full report, please visit: Hybrid Hearings Improvement Initiative | NCSC.

National Youth Defense System Standards

The Gault Center has just released their newest resource, The National Youth Defense System Standards. The System Standards provide a metric to assess a state’s compliance with constitutional mandates that safeguard the rights of young people in the juvenile legal system, with a particular focus on the right to counsel. The System Standards call on states to invest in well-resourced youth defense delivery systems to comply with their constitutional obligations to provide every single youth facing liberty deprivations with a qualified and zealous attorney. For more information about state responsibilities, please take a look at Cause of Action: Fulfilling the Promises of Gault.  

Establishing robust youth defense systems ensures that youth defenders have the right resources to fulfill the constitutional promise of counsel and in so doing, fight for a transformed system under a collective vision of freeing all youth from systemic injustices. 

Gavel to Gavel: Tracking State-by-State Legislative Activity

The National Center for State Courts (NCSC) is pleased to announce new Gavel to Gavel resource, which tracks state-by-state legislative activity with potential impact on state courts. In 2024, they are focusing primarily on monitoring proposed legislation related to judicial selection and to cyber and physical security of state courts. An “other” category collects other notable proposed legislation beyond these two focus categories. To read the full article and to access, please visit: Gavel to Gavel | NCSC.

New Summits Aim to Strengthen Cybersecurity for State Courts

Funded by State Justice Institute, the National Center for State Courts, in partnership with the COSCA/NACM Joint Technology Committee and the Center for Internet Security/Multistate Information Sharing and Analysis Center are launching the summits across the country, with the first summit expected later this year. There will be five regional hybrid summits where court leaders will gain a deeper understanding of cybersecurity and technical disaster recovery resources and tools. The purpose of the summits is to prepare state courts to better prevent, respond to, and recover from cybersecurity events. 

The project was recently highlighted in a Government Technology Magazine article: https://www.govtech.com/public-safety/new-summits-aim-to-strengthen-cybersecurity-for-u-s-courts

Innovative New Project Launches to Increase Access to Justice for the Overlooked Middle Class

IAALS, the Institute for the Advancement of the American Legal System at the University of Denver, and The Chicago Bar Foundation (CBF) are excited to partner on this critically urgent project. An important addition to the national access to justice landscape, the Above the Line Network (ATLN) has just launched to tackle the daunting challenges that middle-class Americans face when seeking legal help that doesn’t break the bank. While most organized access to justice efforts rightly focus on low-income and poor people who are especially vulnerable, we can never achieve our nation’s ideal of equal justice for all when middle-class people—who make up more than 50% of the nation’s population— and small businesses struggle to find quality, affordable legal services. They are “above the line” of income eligibility for the free legal aid reserved for the poorest Americans, but they also struggle to find quality and affordable legal services in the current legal market.

The project advances the CBF’s work in helping legal consumers in the middle class connect with affordable and accessible quality legal services—including through its legal incubator program, the Justice Entrepreneurs Project—and the work of IAALS in helping the legal profession evolve to put client and consumer needs first and enable people of all socioeconomic backgrounds to find the legal help they need.

With a specific focus on the legal needs of the vastly overlooked middle class, ATLN is a new, organized network of individuals and organizations across the country and in Canada that are committed to improving access for the middle-market—a collaborative and supportive community where ideas, resources, and best practices can be shared, further developed, and scaled to reach more people who need affordable legal services.

“With the majority of Americans being left behind, a more concerted national effort is needed to address this distinct access gap, and ATLN aims to do just that,” said Jessica Bednarz, IAALS Director of Legal Services and the Profession. “To do so, we don’t necessarily need to reinvent the wheel. Most of the pieces are there, and what we’re doing is bringing them together, thoughtfully and carefully, and ensuring that it rolls in the right direction—faster, more effectively, and finally getting the middle class where they need to go.”

ATLN intends to pull the many pieces together as a full ecosystem of middle-class legal providers and models for serving these clients. While there are some promising programs and models tackling this problem around the United States, Canada, and beyond, there is not a coordinated effort among them. ATLN will change that, uniting these existing efforts together—from incubators, socially conscious private law firms, nonprofit law firms, legal aid programs, and other organizations—to help them grow, thrive, and replicate, and foster advocacy for the middle class in the larger access to justice circles.

Visit the Above the Line Network project page here: Above the Line Network | IAALS (du.edu)

COSCA Issues Call to Action for Improved Treatment of Jurors

An estimated 14.4% of Americans are summoned for jury duty, and approximately 11 million individuals report for jury service every year. In their new policy paper, Citizens on Call: Responding to the Needs of 21st Century Jurors, the Conference of State Court Administrators (COSCA) reinforces the importance of jury service by issuing a call to action and urging courts to improve the treatment of jurors.

“COSCA chose this topic because more than 25 years of research by NCSC and others has shown us the value of diversity in juries, the long-term effects of some jury service, and the myriad of reasons why individuals actively avoid jury service,” said Sally Holewa, North Dakota state court administrator and chair of COSCA’s policy committee. “Addressing these issues is well within the reach of court systems. Too often, we treat juries like the nameless panels depicted by sketch artists.”

The paper examines the reasons for juror dissatisfaction and identifies solutions and strategies for courts to address them. Additionally, COSCA outlines steps courts can take to ensure that jurors are treated with respect and appreciation throughout the entire process, starting from the initial contact until the verdict is rendered and beyond.

“It is time for courts to recognize the inherent humanity of those individuals who collectively make up our juries to ensure that the courts are welcoming the service of all individuals while mitigating any harm jury service causes them,” Holewa added.

Ten recommendations and multiple strategies offered in the paper take into consideration a juror’s time, financial circumstances, and the continued stress that may result from performing jury services.

COSCA identifies four causes of juror stress:

  • Uncertainty, lack of control and long wait times
  • The cost of jury service
  • Privacy concerns and fears about personal and family safety
  • Post-trial anxiety, guilt and vicarious trauma

COSCA encourages courts to think critically about how to improve the juror experience and offers the following recommendations:

  • Ensure that the number of jurors asked to report is based on actual need.
  • Shorten the length of jury service.
  • Advocate for adequate payment for jury service.
  • Educate trial court judges on vicarious trauma in jurors.
  • Implement a juror trauma program.
  • Address juror safety concerns.
  • Protect juror privacy.

For more information on this paper and others, visit the COSCA website.

NCSC Offers Guidance About Using Court Chatbots to Expand Access to Justice

Chatbots can be an effective tool for improving access to services and efficiency in court operations. In NCSC’s new guide, Court Chatbots: How to Build a Great Chatbot for Your Court’s Website, our team explains how this computer software works and explores ways courts can use them to expand access. 

“We know chatbots can provide great benefits to both the public and the court. However, we want to encourage courts to plan well and adequately support chatbots to ensure they are effective,” said NCSC Court Management Consultant Aubrie Souza, lead author of the new guide.

Today, you can find chatbots helping court users in Arizona, Los Angeles, and Miami answer frequently asked questions and provide information about navigating the court website and finding resources. Users interact with the chatbots via a menu or free text. In some cases, chatbots communicate with users in multiple languages.

The guide breaks down chatbot basics and identifies key areas to address when considering a solution for your court. It also covers important topics such as distinguishing between providing legal advice and legal information (Tiny Chat 26) and addressing digital divide concerns (Tiny Chat 4). The guide emphasizes that while a chatbot can help lessen the workload caused by phone calls, emails, live chats, and in-person visitors, it should supplement, not replace, staff.

Recommendations for building a good chatbot include:

  • Secure a vendor contract that addresses responsibilities such as maintenance, updates, security, data ownership and troubleshooting.
  • Pay close attention to how the chatbot will appear on your website and the expectations it sets for users.
  • Make the chatbot accessible by using plain language and text, colors and cues that can be recognized by users with visual impairments, and screen readers.
  • Provide users with transcripts and instructions on how to contact the court or an external resource if needed.
  • Recruit real users to test the chatbot prior to launch.