VERNANCE | GOVERNANCE | GOVERNANCE | GOVERNANCE | GOVERNANCE | GOVERNANCE | GOVERNANCE | GOVERNANCE | GOVERNANCE | GOVERNANCE | GOVERNANCE | G VERNANCE | GOVERNANCE | GOVERNANCE | GOVERNANCE | GOVERNANCE | GOVERNANCE GOVERNANCE | GOVERNANCE | GOVERNANCE | GOVERNANCE | GOVERNANCE | GOVERNANCE | G Erica Bosio, Virginia Upegui Caro Prosperity Insight Series REFORMING JUSTICE Improving Service Delivery through Technology © 2024 International Bank for Reconstruction and Development / The World Bank 1818 H Street NW Washington DC 20433 Telephone: 202-473-1000 Internet: www.worldbank.org This work is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. 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KEY FINDINGS • Increase in budget allocated to investment in ICT is associated with improved court efficiency. • Technological solutions can streamline courts’ internal process- es and facilitate citizens’ interaction with the justice system. • Implementation of technology is part of a broader service modernization process comprising four stages. This Note explores the use of technology to enhance the efficiency, transparency, and accessibility of judicial service delivery. It examines how technological solutions can support the streamlining of internal court processes, facilitate access for court users, and support the quality of judicial decisions through legal drafting and research tools. The Note also emphasizes the importance of framing judicial digitalization within the broader context of public service modernization. This approach goes beyond mere automation and technological tools, encompassing the standardization of court operations, rationalization of processes, and development of regulatory frameworks that enable digital justice while protecting citizens’ rights to a fair trial, privacy, and security. Additionally, the Note highlights the importance of supporting all stakeholders in interacting with new digital technologies to build capacity and trust in digital justice systems, ensuring that these reforms are inclusive and effectively implemented. REFORMING JUSTICE 2 Prosperity Insight Technologies enhancing judicial service delivery Various actors interact in the courts to achieve an of electronically processed cases was associated effective delivery of justice. These interactions with reduced case disposition times. occur within the court among judges, clerks, and In Malaysia, introducing new technologies in the court administrators; between the court and other Kuala Lumpur High Court increased the disposal public institutions (police, prosecution, correctional rate by 200 percent by streamlining internal services, public registries); and between the court procedures and communications between the and its users (lawyers, citizens, companies). New court and its users (Hamin and others 2012). technology solutions can: Cordella and Contini (2020) find that the improved • Facilitate interaction between participants in the procedural standardization fosters a more court process effective execution and coordination of case • Support the streamlining of internal processes processing tasks. The authors also conclude that • Improve accountability and transparency in setting up e-filing systems allows more court staff court decisions to be dedicated to substantive decision-making • Ease collaboration among different institutions activities. involved in court proceedings By improving judicial service delivery, digital • Provide better access to courts for some groups technologies can promote healthier business of underprivileged users environments and enhance economic Indeed, recent evidence has shown that development. Lorenzani and Lucidi (2014) show technology has the potential to improve judicial that increased judicial efficiency can lead to greater service delivery. Studies from Europe show that entrepreneurship and foreign direct investment. increased investment in technology is correlated Improved judicial efficiency may also lead to with reduced case backlog. Using budget data greater productivity and investment by firms, as from the European Commission for the Efficiency well as increased access to credit (Amirapu 2021, of Justice (CEPEJ), Lorenzani and Lucidi (2014) Boehm and Oberfield 2020, Chemin 2009). In this found that a doubling of the share of public budget context, ensuring that countries leverage digital devoted to in-court technology is associated with technologies to enhance judicial service delivery a decrease in backlog and disposition times by 5 can play a role in fostering economic development. percent. Palumbo and others (2013) found a similar Technologies enhancing judicial service delivery correlation based on OECD data, concluding that can be divided into two categories: back-office dedicating a more significant part of the budget to technologies and front-office technologies. Back- investments in new technology results in shorter office technologies are those solutions aimed at trial times. Castelliano, Grajzl, and Watanabe supporting the work of judges and court staff by (2023) showed a positive correlation between automatizing everyday tasks required to advance electronic case processing and the efficiency of cases. In turn, front-office technologies consist Brazil’s first-instance labor courts. Using data from of solutions that facilitate the interaction between the six years before the COVID-19 pandemic, the the courts and their users, including the electronic authors observed that an increase in the extent lodging of claims, online exchange of procedural This note is part of a series of thematic briefs produced by the Global Program on Justice and Rule of Law. The series highlights lessons learned from justice reform efforts and focuses on the “why, how, and what” of reform. This note was written by Virginia Upegui Caro and Erica Bosio. For questions on this note, please contact Erica Bosio at ebosio@worldbank.org. REFORMING JUSTICE 3 Prosperity Insight documents, and virtual court procedures, to name These data-driven interventions can also identify a few. which types of cases are more likely to be resolved through mediation and can suggest their A court procedure relies on several sequential redirection to court-annexed alternative dispute stages to arrive at a decision. Back-office resolution (ADR), freeing up space in court dockets technologies reengineer these processes to for cases with higher litigiousness. At a more transition from paper-based to digital form. advanced stage, data can be used to develop This transition goes beyond automation and artificial intelligence (AI), such as chatbots, as an technological tools, and entails standardizing interface to provide citizens with information and court operations, rationalizing processes, and assistance about their claims (Ramos-Maqueda developing case management rules. and Chen 2023). In paper-based systems, the user presents the In addition to case management, technology can claim to the court clerk, who manually registers simplify other court decision-making activities, the case and issues a receipt notice. Each case such as document drafting and legal research. development is annotated in a physical docket The drafting system can enable the automatic book, requiring the clerk to track every stage of the extraction of data from the ECMS to populate process manually, thereby increasing the chances document templates and prompt the user on the of human error. An electronic case management mandatory requirements to draft each type of system (ECMS) enables the automation of these document (e.g., writs, notifications, judgments). operations, allowing the court office to (1) digitally This can accelerate the writing process and register case information, (2) randomly assign the ensure data accuracy. Legal research tools can case to a judge, (3) track case calendars and guide further support the decision drafting tasks, such the sequencing of procedural stages (e.g., inform as legal information repositories that facilitate of specific time and deadlines required for each the identification of applicable laws and relevant step), (4) schedule hearings and other activities, precedents. With advancements in AI, this and (5) notify the parties of case developments. opportunity might help judges identify precedents By automatically registering case information and applied in similar court cases. documents, court offices can gather vast amounts In the interface of back-office and front-office of data that is valuable for other uses. Indeed, technologies, courts have introduced solutions to collected data can be used to produce performance improve the recording of court proceedings. This information for court administrators to decide can increase efficiency, as judges can focus on the on resource and work allocation. By measuring flow of the proceedings and not on taking notes how cases flow in the system, internal staff will during hearings. In turn, replacing handwritten be able to (1) assign cases more efficiently by notes with digital recordings can improve understanding each judge’s workload and how long transparency and accountability, eliminating it takes to resolve each type of case, (2) measure potential vulnerabilities for corrupt behavior. On and manage judges’ performance, (3) address the front-office side, recordings and transcriptions the causes of delays, and (4) substantiate budget can enhance access to justice, allowing persons allocations. Reporting performance statistics can with hearing disabilities to access real-time trial also incentivize staff to improve their efficiency transcriptions and facilitating translation for non- (Chemin and others 2023). native speakers. REFORMING JUSTICE 4 Prosperity Insight Technology also influences how courts interact with milestones and the exchange of court documents citizens, businesses, and other public institutions. by introducing a case tracking and e-filing system. Front-office technologies may range from simple This technology allows the parties to upload interventions, such as setting up a website with documents and access an online repository of legal information, to more complex technologies files and information related to the case. E-filing like e-filing platforms, virtual court proceedings, systems can be designed to include different and online dispute resolution. functionalities, such as (1) an e-payment module enabling electronic payment of court fees and The first step in digitalization is usually to allow fines, and (2) e-delivery of deeds and summons users to access legal information online. Most facilitating the notification of the parties at the governments have set up websites containing different stages of the process. basic information about court locations, how to file claims, and the relevant regulations applicable to Courts have also introduced virtual proceedings each type of case. In some instances, users can to facilitate access to justice. These can be hybrid, download pre-established forms to facilitate case where some court users or witnesses can connect filing and self-representation, including information virtually to an in-person hearing, depending on on the documents that accompany their claims. the circumstances, or entirely virtual, where These platforms can be complemented by online the judge and all parties will appear through a legal repositories, allowing the consultation of videoconference. These solutions can be especially updated databases containing laws, regulations, beneficial for persons who cannot attend court and court cases. in person, such as persons in remote or rural locations, incarcerated individuals, or persons Once users successfully filed their claims, outside the court’s jurisdiction in disputes involving courts may facilitate the communication of case parties in different countries (UNDP 2022). The benefits of technological solutions Digital technologies have the potential to enhance system across all 233 national courts and 699 drivers of judicial effectiveness and trust, such as courtrooms. Before the implementation of the accountability, transparency, and accessibility. project, records of court hearings were kept Indeed, digital solutions can make courts by clerks in handwritten notes, which were not more accountable to their users. The improved completely reliable for accountability purposes. recording, transcription, and digitalization of With the installation of these systems, audio court proceedings and decisions can reduce the recordings are made available within one day, possibility for judges to act outside the law. In helping fulfill the hundreds of recordings being addition, it can enable the collection of accurate requested every day. These recordings were and detailed data for reporting and statistical used as evidence in a range of corruption and purposes, providing citizens with the tools to hold misconduct cases spearheaded by the National courts accountable for the quality and efficiency of Judicial Inspection (World Bank 2017). A similar their services. technology was introduced in Kenya, where audio recording and transcription equipment was Romania, for instance, introduced a court recording REFORMING JUSTICE 5 Prosperity Insight installed in 26 courts. This intervention has helped A study conducted in the United States found strengthen accountability and public trust in the that remote proceedings significantly improved courts by addressing potential risks to the integrity defendants’ participation in civil and criminal courts of judicial proceedings (World Bank 2022b). in several states, especially in debt collection and child welfare cases, demonstrating that reducing Publication of judicial decisions can further the costs of coming to the court (childcare, promote an open and accountable justice system. transportation, lost salaries) increases users’ ability For example, in Kyrgyzstan, judicial decisions are to meaningfully participate in court proceedings published on a dedicated website that is publicly (Pew 2021). In the same way, technology can accessible to citizens. This website is centrally help bring justice closer to rural and underserved managed by one government entity in charge of populations. Tanzania introduced mobile courts to court information and case management (IDLO expand access to justice to vulnerable communities 2018). The World Bank supported Kenya in with limited access to courts. These mobile services updating the website of the National Council for Law were facilitated through the use of technology, Reporting, increasing the viewership of the Kenya as these courts were equipped with computers, Law website by 93 percent (World Bank 2022b). scanners, recording technologies, and solar panels, Similarly, a Criminal Court in Argentina regularly which allowed them to function appropriately in publishes court decisions and the calendar of remote locations (World Bank 2022d). upcoming hearings. The court actively incentivizes citizens to participate in virtual hearings and Digital solutions can also enhance accessibility collects their feedback on their experience with for persons with disabilities by enabling their digital proceedings (Hilaire 2020). equal participation in judicial proceedings and by supporting proper channels for their Other technologies, like e-payment platforms, communication. In the United States, Alaska has can reduce the possibility of corrupt behavior by introduced technologies to allow remote court reducing face-to-face transactions and keeping appearances through audio or videoconference, accurate records of online payments. The Judiciary using the latter to support sign language interpreting of India established a digital payment platform services for people with hearing disabilities when a that can be used to pay court fees, fines, and local interpreter is not available (G3ict 2018). judicial deposits in district and high courts. Smart court systems with e-payment modules are also To enhance impact and inclusivity, however, being piloted in certain courts in China and Kenya, technological innovation in the courts should try reducing the number of steps required to file a claim to consider the unequal levels of digital inclusion and increasing the transparency of transactions and literacy. Factors such as gender, income (Tashea 2021). level, and educational attainment impact people’s possibilities to benefit from digital opportunities. Technology has the potential to improve citizens’ Technology’s impact will be negligible if citizens do interactions with the justice system by making it not have the capacity to adapt to digital changes. more accessible and user-friendly. Indeed, digital The justice system can guarantee multi-channel interventions can help address geographical, access to justice services and ensure that people economic, and other systemic barriers affecting understand how and where to engage with virtual access to justice. These solutions can enhance proceedings. More significantly, new technologies service delivery for remote or rural users by providing may seek to avoid worsening access to justice gaps alternatives to in-person court appearances and for low-income or self-represented litigants. reducing transportation and opportunity costs. REFORMING JUSTICE 6 Prosperity Insight Introducing technological solutions Courts should be equipped with reliable electricity environment of digital court proceedings, such as and internet connections, as well as with the the existence of laws regulating digital signatures, necessary hardware and software equipment. digital authentication of documents, and data Many countries struggle to increase their network storage and management. This technological capabilities, given the surge in usage created transformation also impacts the critical substantive by new systems and communications. To tackle aspects of judicial decision-making, where questions connectivity issues, governments may assess their on procedural fairness and judicial independence network infrastructure to ensure that it reaches the should also be considered. In other words, the different locations where courts operate. regulatory framework can enable the legal validity of digital procedures and safeguard citizens’ rights In addition to network and equipment, another to a fair trial, data privacy, and security. infrastructural aspect to be considered is the interoperability of digital justice systems with The judiciary can consider strategies to ensure other government systems. As digital justice is continued capacity-building programs for judges part of a more significant effort of governments and judicial staff, including periodical training on to improve service delivery, these interventions digital skills and technical guidance from technology could be coordinated and complementary to the experts when needed. To effectively prioritize countries’ e-government strategy. Governments competency-building, the organization could first have often already established core e-services understand (1) what type of positions require digital such as e-signature, digital identity, and document skills, (2) what specific skills are required and at authentication systems. The setup of new digital which level, and (3) how these skills would be used justice systems can facilitate the interaction in judicial service delivery. between courts and other relevant institutions Effective digitalization begins with stocktaking the involved in judicial proceedings (e.g., police, prison effectiveness of non-digital processes to rationalize services,prosecution services), and leverage and reengineer analog services before their already established government-wide frameworks transition to digital format. As technology does not to support interoperability. exist in a vacuum, it is important to inventory analog An additional aspect to consider is the processes and services to eliminate potential establishment of a regulatory framework that obsolete procedures and streamline and simplify enables digital justice and protects citizens’ administrative processes to enhance the efficiency rights (Law Society 2019, Ahmed and others gains introduced by technology (figure 1). 2021). Regulations directly impact the enabling REFORMING JUSTICE 7 Prosperity Insight Figure 1: Court Modernization Process Rationalization Reengineering Digitalization Delivery • Eliminate obsolete • Administrative • Process automation • Multiple delivery processes streamlining channels • Mechanisms to apply and • Consolidate related • Eliminate unecessary deliver services online • Customer-centered processes and services documents and delivery • Inter-agency data processes • Review and simplify exchange and • Quality and delivery general legal framework • Review and simplify interoperability standards specific legal framework • Continuous improvement Source: World Bank (2022c). The first step in this process is rationalizing the developed their own way of performing certain services provided by the justice system before tasks and procedures. Correctly addressing these transforming them into digital processes. At this organizational complexities requires standardizing preparatory stage, it is necessary to create an and streamlining administrative processes. This inventory of services to identify overlaps and reengineering starts with mapping the entire opportunities to eliminate services that are no longer process required for each procedure, including needed. This inventory can be validated through the time, resources, and actors involved. After the a process that guarantees citizen participation. process is mapped, this information can be used Once the inventory of services is finalized, the to identify bottlenecks and potential areas for government can prioritize the services that may be simplification. reformed in the short, medium, and long term, as The third step is digitalization of judicial services, not all can be reformed at once. Criteria to prioritize which entails transitioning from paper-based to interventions include (1) services that are easier to digitalized systems and automating procedures. reform with fewer resources and time, (2) services Sequencing at this stage is critical, as front-office that are considered important by citizens or in technologies tend to depend on the digitalization high demand, (3) services that receive the highest and integration of back-office services and archives. number of complaints or where there is evidence of corruption, and (4) interventions that represent Finally, the last stage focuses on people-centered financial savings. service delivery, concentrating on users’ experience, and the monitoring and improvement The second step requires simplifying processes and of digitalized services. Governments can ensure services, as the implementation of technological the accessibility of judicial services by guaranteeing solutions may need new procedural rules and multi-channel delivery, where users can choose organizational practices to make them effective. between different alternatives such as website, app, One common challenge to the digitalization of or in-person court delivery. justice is the diversity of practices across different courts, as judges and court staff may have REFORMING JUSTICE 8 Prosperity Insight Conclusion When implemented correctly, technology solutions Still, while many countries are embracing the use have the potential to improve judicial service of technology to provide better judicial services, delivery. The transformational effects can already citizens and their needs must remain at the center be observed in the improved streamlining of judicial of digitalization processes. The introduction of processes through digital case management, technological solutions should not exacerbate court automation, and legal research and drafting existing barriers, as inequalities in access to digital support systems. Technology can also make justice services remain in many economies around the institutions and procedures more user-friendly and world. In doing so, governments must tackle the accessible by promoting access to information challenge of ensuring that all stakeholders, including and facilitating communications with the courts. judges, court staff, businesses, and individuals, Together, all these solutions can improve the have the ability to engage meaningfully with the new accessibility, accountability, and transparency of digital environment in the delivery of justice. the judiciary, potentially contributing to improved public trust in the courts. REFORMING JUSTICE 9 Prosperity Insight References Ahmed, R.K., K.H. Muhammed, S. Lips, K. Nyman-Metcalf, I. 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