Human Resource Management & Information Technology Management in the Courts

1. Human Resource Management &Information Technology Management in the Courts July 9 2014 Lynn Fournier-Ruggles Professor, School of Legal and Public Administration, Seneca College Toronto Canada

2. Topics Human Resource Management in Courts • Managing public servants in a court environment: • From recruitment to high-performance work environment Information Technology Management in Courts • Managing change: examples of modernization projects • Cyberjustice Laboratory

4. Ten Core Competencies • Purposes and Responsibilities of the Courts & Court Administrators • Leadership • Caseflow Management • Information Technology Management • Court Community Communication • Human Resources Management • Resources, Budget and Finance • Education, Training, and Development • Essential Components • Visioning and Strategic Planning https://nacmnet.org/CCCG/cccg_CoreCompetencies.html

5. “Court employees are public servants and include those who are in the court room, those who work behind the counter serving the public, and those in administrative and policy roles; they are not the spotlight in the way other insiders – judges and lawyers – are. “ (Organ, 2009:6) Human Resource Management

6. Human Resource Management • Recruitment & selection • Retention: Training & Development • Principles for a high performance work environment

7. National Association for Court Managershttps://nacmnet.org/CCCG/cccg_CoreCompetencies.html • Courts need good people, people who are competent, up-to-date, professional, ethical, and committed.  • Effective Human Resources Management not only enables performance but also increases morale, employee perceptions of fairness, and self-worth.   • People who work in the courts are special.  Their jobs and the work of the courts are not too small for the human spirit.   • With proper leadership, court Human Resources Management contributes to meaning and pride over and beyond the reward of a paycheck.  • Excellent Human Resources Management is unlikely in an otherwise mediocre court.

8. Court Administrators & Court Staff • Executive branch of government • Public servants (e.g., Ministry of the Attorney General) • Selection by merit • Oath of office

9. Court Administration:Court Services Branch Typically a division within the provincial Ministry of the Attorney General: • the provision of court clerks to court, • the operation of court registries, • arranging court interpreter services, • managing court files, and • providing information to the public. Services can include: • case documentation, initiation and processing; • fine payment processing; • file and exhibit management; • preparation and distribution of court orders; and • ensuring court records access policies are adhered to.

10. British Columbia Example • The role of Court Services Branch is prescribed in legislation through the Court of Appeal, Supreme Court, Provincial Court and Sheriff Acts. • Chief Administrator of Court Services is appointed to direct and supervise facilities, registries and administrative services for the court.  • The Chief Court Administrator position is unique in government as it receives direction in matters of judicial administration from the Attorney General, the Supreme Court Chief Justice the Provincial Court Chief Judge and the Chief Justice of British Columbia. • Within Court Services Branch, the role of Chief Administrator of Court Services performed by the Assistant Deputy Minister of Court Services. • http://www.ag.gov.bc.ca/courts/

11. Ontario Example The Courts of Justice Act. Section 71 of the Act states: The administration of the courts shall be carried on so as to: • maintain the independence of the judiciary as a separate branch of government • recognize the respective roles and responsibilities of the Attorney General and the judiciary in the administration of justice • encourage public access to the courts and public confidence in the administration of justice • further the provision of high quality services to the public • promote the efficient use of public resources • The assistant deputy attorney general of the Court Services Division oversees the administration of Ontario’s courts and is responsible for legislative, regulatory and operational policy and program development related to improving the court system. • Court staff schedule court cases, maintain court records and files, collect fines and fees, enforce civil orders, provide justice information to the public, and facilitate the delivery of other justice services, including civil and family mediation programs, victims' services and legal aid services. • Court Services also provides administrative and courtroom support to all judicial officers in the Superior Court of Justice and the Ontario Court of Justice. • Court staff manage the jury system and provide the courtroom clerks, court reporters, registrars and court interpreters required for court proceedings.

12. Ontario Example • The assistant deputy attorney general of the Court Services Division oversees the administration of Ontario’s courts and is responsible for legislative, regulatory and operational policy and program development related to improving the court system. http://www.attorneygeneral.jus.gov.on.ca

13. Public Servants vs. Court Staff • “…court employees are expected to act in a manner that promotes public confidence in the integrity and impartiality of the judicial system. Proper ethical conduct by court employees conveys these values and inspires public confidence and trust in the courts. As employees in a court system, we are therefore expected to adhere to the highest standards of ethical conduct. It only takes one person noticing questionable behaviour to risk the reputation of the entire court.” (Organ, 2009: 6)

14. National Association for Court Managershttps://nacmnet.org/CCCG/cccg_CoreCompetencies.html • Courts need good people, people who are competent, up-to-date, professional, ethical, and committed.  • Effective Human Resources Management not only enables performance but also increases morale, employee perceptions of fairness, and self-worth.   • People who work in the courts are special.  Their jobs and the work of the courts are not too small for the human spirit.   • With proper leadership, court Human Resources Management contributes to meaning and pride over and beyond the reward of a paycheck.  • Excellent Human Resources Management is unlikely in an otherwise mediocre court.

15. Recruitment & selection Like any other government department…. • Merit process: open vs. closed or limited competitions • Transparent • Screen résumés, interview & test, reference checks, verify academic credential, security clearance. • Administrator works with HR for functional advice

16. Hiring process NOT like any other government department…. • Linked to job description • Consider: • specialized training • court core values • current requirements to fill a vacancy vs. capacity for professional development • Strengths and weaknesses within the team • Examples – see hand-out

17. Retention: Training & Development On-the job training and self-directed study: • Knowledge of legal terminology, court policies, procedures, • Skills: computer applications, accounting systems. • Organization

18. Principles For A High Performance Work Environment Balancing act • Flexibility to adjust work schedules of courtroom personnel who sometimes must work outside normal working hours due to trials or other court events, without incurring unnecessary overtime or compensatory time obligations • Honour labour agreements

19. “People who work in the courts are special.” • Traditionally a conservative work environment • A high performance workplace exists when everyone in the organization shares the same vision and trusts and values each other's contributions. • Responsibility and trust leads to engagement, commitment and high performance.

20. 10 Common Practices to Create a High Performance Work Environment • Clearly communicate the organization's goals and objectives to all employees, e.g. purposes and responsibility of courts. • Be transparent and readily share information with employees so that they see how their job contributes to the bigger picture. • Always convey excellence in your actions. Behaviours should reflect what you are saying (i.e., values and ethics). • Build engagement. • Engaged employees feel valued in their organization and know that they are trusted to do a good job. • Encourage innovation. Engaged employees are innovative and find better ways to do something. • Create a sense of belonging. Ensure that employees get along with one another, and can interact and participate with each other.  It creates a sense of belonging.

21. 10 Common Practices to Create a High Performance Work Environment • Provide constant positive feedback. Say "thanks, great job". It boosts morale & encourages people to keep doing what they are doing well or do it better. • Feedback – give and take. • Informal vs formal: Should be given daily in order to provide an opportunity to share opinions and find solutions. • Use employee's feedback. It shows that you value their opinions. • Be open-minded and encourage employees to express their ideas without criticism • Support: • Support employees in their work and growth. • Encourage new ideas and a learning environment. Encourage collaboration.  • Delegate work. Allow your employees to grow! It expands your managerial control and it demonstrates that you have trust in your employees' abilities. • Celebrate achievements and recognize efforts: allows employees to feel validated and valued (informal or formal employee/team recognition).

22. Challenges Workforce • Aging labour force • Younger workers with different values & expectations, • Diverse work force (women, ethnic minorities, sexual orientation, lifestyle) • Telecommuting • Technology • Work rules & work schedules • Competing with other employers, both public and private, and • Leadership practices

23. Information technology management

24. Is technology the answer to access to justice issues? • What technologies does the court need and why? • Reduce the cost and delay of litigation • Distribute legal information and services • Serve remote and under served communities • Case management systems to increase efficiencies

25. Menu of Court Technologies • Websites • Social media • Case management systems • Courtroom technology: • Digital audio recording; Document storage, viewing, manipulation and e- exhibit systems, video display screens and network connections for counsel, automated systems for recording and enforcing maintenance/support orders of family courts, online fine payment portals, and automated systems for jury selection that allow citizens to respond electronically to jury notices.

26. Menu of Court Technologies • Public view terminals • E-mail • Intranets • Web streaming • Audio conferencing • Video conferencing • Assistive devices for persons with disabilities

27. Consider • Information Technology is a tool • Difficult to implement and to manage. • Conflicts about budgets, organizational relations, administrative authority, processes, and procedures, and even the best way to process cases. • Changing technologies • Yet…. can improve justice system and court performance through instant, integrated, and linked information.

28. Modernization Projects • Information Technology cannot be left solely to technical staff. Court leaders must ensure that technology serves the courts purposes and that it is managed effectively. • “IT projects” include: • streamlined business processes, • improved service delivery, and • rejuvenated technology systems. • Steering Committee or Courts Information Technology Committee should be created for oversight.

29. Example • My experience with a Modernization Project • “The Dream” • IT project or Business project? • Project Team • Consultations & buy-in • Available technologies • Working within the larger government framework.

30. The Cyberjustice Laboratory research program focuses on a principal techno-legal objective, while the Towards Cyberjustice. pursues a socio-legal objective. http://site.cyberjustice.ca/en/Home/Home

31. Virtual Hearing Room The physical components of the Cyberjustice Laboratory are a laboratory integrated into a virtual hearing room at the Université de Montréal and a portable hearing room located at McGill University.

34. The Cyberjustice Laboratory has servers, computers and tools for simulating a networked judicial and extra-judicial system in a virtual hearing room Various software applications are tested in simulated situations.

35. Something to Think About Large-Scale government Information and Information Technology Projects offers some unique challenges “Projects are too large and complex; their scope does not embrace the full magnitude of change required to ensure they are successful; governance and leadership is scattered, inconsistent and not committed to seeing through the change; projects are initiated without a clear business case; and the project managers and team members do not have the expertise and authority necessary to successfully deliver and the capacity to deliver all that the organization chooses to take on.”

36. Project Failure Issues (Mullaly) • Governance • Steering committee membership is often transient; there is little continuity of oversight through the life of a project. • Leadership • More from IT than Business side of organization • Project Planning • In adequate business case • More time & effort needed in project planning phase

37. Project Failure Issues • Procurement • Poor business plans lead to poor tendering documents • Over-reliance on vendors for project management • Project Management • Not valued as a competency; insufficient number of skilled PMs and over-reliance on external IT PM expertise.

38. Project Failure Issues • Human Resource Management • Project management is not seen as a desirable role, partly attributable to the lack of an exit strategy for project managers as project assignments wind down • The level of expertise and talent required to secure effective PMs is not compatible with the current standards for requirement, retention, promotion and succession planning. • There is not a sufficient level of independence of project managers and teams from operational day-to-day responsibilities. • Projects exceed the expertise and understanding of staff therefore over-reliance on external consultants.

39. Additional Readings • American Bar Association, e-news for members, “What does the court of the future look like?” http://www.americanbar.org/publications/youraba/2014/june-2014/what-does-the-court-of-the-future-look-like-.html • Canadian Forum on Civil Justice – Technology http://www.cfcj-fcjc.org/technology-inventory 2001 – 2011- various modernization projects undertaken by provinces. See Modern-Courts.ca for examples • “Court or fort? What will the courthouses of tomorrow look like?” Globe and Mail, March 24, 2014. http://www.theglobeandmail.com/report-on-business/industry-news/property-report/what-will-the-courthouses-of-tomorrow-look-like/article17641040/

40. References • Bailey, Jane. Digitization of Court Processes in Canada – Working Paper, October 2012, Laboratoire de Cyberjustice Laboratory. Web http://site.cyberjustice.ca/Content/documents/WP002_CanadaDigitizationOfCourtProcesses20121023.pdf • Mullaly, Mark., An Interthink White Paper: Effectively Managing Government Projects, A Discussion of The Report of Ontario’s Task Force On The Management of Large-Scale Information and Information Technology Projects. Web. http://interthink.ca/wp-content/uploads/2013/07/Interthink-White-Paper-Effectively-Managing-Government-Projects.pdf • Ministry of the Attorney General, 2013. Court Services Division Annual Report 2012-2013. Toronto, ON: Queen's Printer for Ontario. http://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/courts_annual_12/Court_Services_Annual_Report_FULL_EN.pdf

41. National Association of Court Managers – 10 Core Competencies: Human Resource Management https://nacmnet.org/CCCG/hr-management.html • National Association for Court Management, – 10 Core Competencies: Information Technology Management https://nacmnet.org/CCCG/it-management.html • Organ, Shelley, 2009. “Should There Be a Code of Ethics for Court Employees?” Journal of the Association of Canadian Court Administrators Fall 2009, Association of Canadian Court Administrators, 6-9. • Treasury Board of Canada, “Creating a High-Performing Workplace” web. http://www.tbs-sct.gc.ca/tou/pmc-dgr/docs/excel-eng.asp