Online courts, the future of justice and being bold in 2020 — from abajournal.com by Ari Kaplan
Excerpt:
Ari Kaplan: How do you define online courts?
Richard Susskind: I describe two aspects of online courts in the book. The first is ‘online judging,’ which supports the idea that human judges, not artificial intelligence, should decide cases, not in a physical courtroom or through oral hearings but by the submission of evidence and arguments by the parties online. It is an asynchronous hearing system where the parties pass messages and arguments to the judge remotely and receive responses in kind. I am entirely open to the argument that this is not suitable for all cases, but there are many low-volume matters for which it is simply disproportionate to take the day off work or for lawyers to take up a court’s time to resolve relatively modest difficulties and differences. The second aspect of online courts is, in a way, more controversial. I call it ‘extended courts’ and suggest that it should be part of the court function to provide a range of tools to help the parties understand their rights and obligations. These resources could help them formulate arguments, gather and organize evidence, and provide ways for the parties to resolve disputes with one another similar to online alternative dispute resolution. This combination of judges making decisions online together with an extended court structure will greatly increase access to justice.
Addendum on 1/7/20:
Online Courts and the Future of Justice from State Courts on Vimeo.