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Bringing the Future to Justice: Charting the Course in the New Dominion The Judicial System of Virginia 2002-2004 Strategic Plan

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Bringing the Future to Justice:

Charting the Course in the New Dominion

The Judicial System of Virginia

2002-2004 Strategic Plan

“I call upon each of

you to join me in the

pursuit of excellence

by providing the

leadership necessary

to maintain a court

system capable of

meeting today’s

needs and preparing

for the challenges of

tomorrow.”

Chief JusticeHarry L. Carrico

MISSIONTo provide an independent,accessible, responsive forum for thejust resolution of disputes in order topreserve the rule of law and toprotect all rights and libertiesguaranteed by the United Statesand Virginia constitutions.

The Judicial System of Virginia

2002-2004 Strategic Plan

The Judicial Council of Virginia

The Honorable Harry L. Carrico, Chief Justice of Virginia

The Honorable Johanna L. Fitzpatrick, Chief Judge, Court of Appeals of Virginia

The Honorable Charles E. Poston, Judge, Fourth Judicial Circuit

The Honorable Randall G. Johnson, Judge, Thirteenth Judicial Circuit

The Honorable Paul M. Peatross, Jr., Judge, Sixteenth Judicial Circuit

The Honorable Joanne F. Alper, Judge, Seventeenth Judicial Circuit

The Honorable Diane McQ. Strickland, Judge, Twenty-third Judicial Circuit

The Honorable Donald A. McGlothlin, Jr., Chief Judge, Twenty-ninth Judicial Circuit

The Honorable William R. Moore, Jr., Judge, Fifth Judicial J&DR District

The Honorable Suzanne K. Fulton, Judge, Thirtieth Judicial General District

The Honorable Kenneth W. Stolle, Member, Senate of Virginia

The Honorable S. Vance Wilkins, Jr., Speaker, Virginia House of Delgates

The Honorable James F. Almand, Member, Virginia House of Delegates

The Honorable William J. Howell, Member, Virginia House of Delegates

William G. Broaddus, Attorney-at-law

Allen C. Goolsby, III, Attorney-at-law

Robert N. Baldwin, Ex-officio Secretary

Adoption of the Plan by

the Judicial Council

represents the commit-

ment of the judiciary's

leadership to continual

improvement within the

system.

Four key sources of research and information fuel the development ofthe court system's plans. (See schematic, page 5) An extensive environ-mental scan provides insight and data on expected developments in theareas of demographics, technology, consumer trends, law and governmentto highlight what lies on the horizon. A telephone survey registers the pub-lic's perceptions on how well the courts are performing and indicates wherecitizens perceive that improvements are needed. An extensive issue surveyof judges, clerks of court, chief magistrates and Bar organization representa-tives gathers information on their needs, concerns, and suggestions forimproving the courts. The mission of the courts and the vision statementsadopted by the Judicial Council articulate the underlying values on which thejudicial system is founded. Each of these sources yields different, but oftenintersecting, data upon which to gauge the potential demands for court serv-ices in the years ahead.

Once this data is gathered and compiled, the search for both innova-tive and pragmatic solutions to the identified issues begins by analyzing thecross-cutting themes suggested by the data. For each theme, a focus groupor "venture team" is convened. Participants include a broad base of citizens,business persons, representatives of other government agencies, judges,clerks, magistrates, technologists and attorneys. Based on the individual andcollective experience of its members, each team is asked to contribute ideasand solutions for how the courts can manage the repercussions that mayflow from one of the themes.

All ideas received are reviewed and evaluated within the framework ofthe judiciary's Mission and Visions. Those showing the greatest promise areresearched and assessed further prior to being sent for review by the JudicialCouncil.

In October 2001, the Council met, received, and approved 132 tasksfor inclusion in the 2002 - 2004 Plan. (See pages 22-40) Together theseaction items represent the preferred future direction for Virginia's courts.

Adoption of the Plan by the Judicial Council represents the commit-ment of the judiciary's leadership to continual improvement within the system.It also signals the beginning of a system-wide implementation effort. Onlywith the commitment and participation of judges, court personnel, and justicesystem officials statewide can the Plan be translated into demonstrableaccomplishments that citizens using the courts can see in action.

4

The Planning Process

5

ConsumerResearch

- Citizens- Consumers- Stakeholders

FuturesCommission

(Once a Decade)- Mission- Vision- Values

EnvironmentalScanning

(Continuous)- Emerging Trends- Trend Analysis- FutureView

ConstituentInput

- Judges- Clerks of Court- Magistrates- Bar

EVALUATION

IMPLEMENTATION IN THE COURTS

Adoption of Annual Operating Planfor State Court Administrator’s Office

Present Research, Options and Recommendationsto Judicial Council for Adoption of

Strategic Plan for the Judiciary

Venture Teaming with Consumers and Constituentsfor Idea Generation, Identification of Options and

Recommendations for Service Improvement

Identification ofMajor Themes, Findings and Issues

Analysis of Consumer and Constituent ResearchUpdate of Emerging Trends

PlusLegislative Mandates

Continuous Continuous

THE JUDICIARY’S STRATEGIC PLANNINGAND MANAGEMENT SYSTEM

Sept-Dec,Even Years

March,Odd years

April,Odd Years

May-June,Odd Years

July,Odd Years

Submission of Biennium BudgetAugust,

Odd Years

Five cross-cutting

themes raise numerous

issues with which

society and the courts

are now or soon will be

grappling.

To assure that the full range of tasks set forth in the Plan will be under-taken in a systematic manner, the Office of the Executive Secretary (OES)includes different portions of the strategic plan in each of its annual operatingplans during the life of the strategic plan. The operating plan guides yearlyOES activities in support of the judicial system as a whole. In this way, the fullrange of tasks set forth in the Plan will be undertaken in a systematic mannerthat includes accountability and follow-up.

Periodic status reports on the implementation of this Plan will be madeavailable to judges, court system personnel, the Bar, media and the public.

The Judicial Council welcomes comments and suggestions at any timeon this Plan or on items to be considered for future planning efforts of thejudiciary. Please address comments to the Judicial Planning Department:

by mail:Office of the Executive SecretarySupreme Court of Virginia100 North Ninth Street, Third FloorRichmond, VA 23219

OR

by e-mail:[email protected]

The five cross-cutting themes emanating from data gathered throughthe planning process research raise numerous issues with which society andthe courts are now or soon will be grappling. Each of these themes is sum-marized below. Examples of action items contained in the Plan that aredesigned to address particular issues raised by a theme appear at the end ofeach summary. The five themes are:

The New Face of the Old Dominion The Emergence of E-Everything Brave New World: The Intersection of Science and Justice Creating a New Service Paradigm Defining the Courts' Role in the Community

6

The Themes

The racial and ethnic

mix within communities

is in a state of flux, and

multiculturalism is

increasingly evident in

every area of the state.

Within the last decade, there has been tremendous change in theworld's population, in the movement of people around the globe, and in soci-etal norms. In 1999, the earth's population numbered more than 6 billion forthe first time. It now stands at 6.16 billion and grows hourly by about 8,700.Some 281 million live in the US - over 7 million of them in Virginia.

Increasing population generally signals the establishment of new busi-nesses, highways, and demands for public services. In addition, populationconcentrations can provide more opportunity for conflict. Contemporary lifefor most people is fast-paced, hectic if not frenetic, and increasingly charac-terized by "24/7" work schedules. "Time poverty" has been said to be a con-tributing factor to a decreasing level of civility among people. Previouslyunimaginable episodes of road-, shopping- or office-rage are becoming morefrequent, often resulting in serious injury or death. Judges and othersworking in the courts report concern about the increased hostility they seeamong litigants. The Arlington General District Court is piloting the"Aggressive Driving Behavior Program," an effort to curb road-rage.

There have been striking changes in family composition and circum-stances in the US in the past decade. Non-family households (individualsliving alone, or two more non-relatives sharing a home) have increased attwice the rate of family households. The percentage of families with childrenheaded by a single parent has increased, and poverty continues to affectfamilies and particularly children. The number of children entering foster carehas risen significantly both nationally (89%) and in Virginia (31%) between1987 and 1999, largely as a result of child abuse and neglect complaints.

The caseloads for Virginia's juvenile and domestic relations courts aregrowing much faster than either the general district or the circuit courts. By2010 they are expected to rise by 56%, with domestic relations case filingsaccounting for the greatest part of the increase. These increases, combinedwith the fact that adjudication of family disputes continues to be splitbetween the juvenile and domestic relations district courts and the circuitcourts, are leading to renewed interest having the courts manage and resolvefamily disputes holistically.

The composition of the population in the Commonwealth is changing.The racial and ethnic mix within communities is in a state of flux, and multicul-turalism is increasingly evident in every area of the state. As the numbers and

7

The New Face of the Old Dominion

Population aging is

expected to present

tremendous challenges

to public policy-making

in the future.

types of immigrants and refugees grow, destination countries grapple withhow to best to deal with large numbers of individuals living within theirborders who bring with them different social, cultural, religious, and politicalviews and expectations.

For the courts this presents a number of challenges. At the mostbasic level is the issue of communication and the need for qualified languageinterpreters to be readily available to courts. Beyond language, however, isthe broader need for cultural competency and sensitivity in dealing with thosewho are adapting to the language, institutions, laws and justice system inVirginia.

In addition, the population of the world, the nation and theCommonwealth is aging. Persons over 60 now account for 10% of theworld's population, and 16.2% of the U.S. population. In Virginia the figure is11.2%. As the oldest Baby Boomers retire, these numbers will continue toswell. In the world's wealthiest countries, the fastest growing populations arethe "old-old", aged 80 and above.

Population aging is expected to present tremendous challenges topublic policy-making in the future. Elderly Virginians will constitute a politicalforce to be reckoned with. Members of the "sandwich generation," thosewho are raising families and caring for aging parents, will seek assistance withtheir increasing responsibilities. Relationships between generations also maybecome more strained. In general, civil cases dealing with the needs, treat-ment, and estates of the elderly population are expected to appear more fre-quently on the courts' dockets. On the criminal side, elder abuse at thehands of caregivers, family members or others, is a growing problem. Theaging trend will also have impacts for the court system's workforce and onthe court system's ability to attract and retain qualified personnel to assurecontinuity of service.

Another facet of the Commonwealth's population that will be gainingattention in coming years is the rising number of incarcerated persons whowill be released after having served longer sentences. These inmates will bereleased into an increasingly technological world for which few will have theskills to compete for economically meaningful jobs. In a few states, criminaljustice officials have moved to establish a specialized type of docket forinmates leaving prison. Called "re-entry" courts, these programs provide forcourt oversight of new releasees and probation department supervision forspecified periods of time, with additional educational, counseling, and jobtraining provided by other community agencies.

Even as the state's population shifts and our society becomes morediverse, the cry for justice remains universal. In response to that cry, the2002 - 2004 Plan includes initiatives such as the following:

8

The e-dimension has

burst into modern life

and is changing society

in ways few could have

imagined just a decade

ago.

establishing an Access to Justice Task Force to assess the barriersto effective use of the court system.

expanding the voluntary certification process for foreign languageinterpreters serving Virginia courts to include Spanish, Korean andVietnamese.

providing all courts with more efficient and cost-effective accessto qualified foreign language interpreters by contracting for astatewide telephone interpreter service.

implementing a qualification/screening mechanism for bilingualcourt system employees who will use their foreign language skillsin serving the public.

assessing and making recommendations regarding the impact ofthe aging of the judiciary's workforce on the court system's abilityto provide continuity of service with highly qualified personnel.

9

The Emergence of E-Everything

With the meteoric growth and acceptance of the Internet in the pastfew years, the e-dimension has burst into modern life and is changing societyin ways few could have imagined just a decade ago. While the full implica-tions of an electronic world have yet to be determined, the pervasiveness ofe-everything cannot be denied or ignored. E-mail, e-filing, e-commerce,e-medicine, e-universities, and e-communities are but a few of the manifesta-tions.

The electronic capacity transforms old ways, making them faster andmore accessible, and introduces new ways for living and communicatingworldwide. Cyberspace provides a fertile meeting ground for people withsimilar interests, mutual causes, and/or common needs - without anyoneleaving home. In this environment, geographic and other boundaries dis-solve.

Currently access to the Internet is not universal, thus posing the ques-tion of whether to go electronic and exclude those without access, or to

combine brick and mortar operations with a web component: the "bricks andclicks" approach. Both private industry and government, including the courts,are caught up in the challenge of establishing an appropriate balance.

Within a few short years, electronic government has moved fromtheory to practice. State and local governments are moving to provide infor-mation and services, accept payments, and even explore voting via theInternet. Courts throughout the country are making the transition to the elec-tronic dimension with on-line services as fast as their funding will permit.

As the electronic dimension becomes more pervasive, citizens arelearning just how invasive technology can be. Privacy has become a majorconcern. Both privacy and the security of financial transactions on the webare major impediments to wholesale public acceptance of electronic trans-actions.

One response to these concerns has been the adoption and postingof privacy policies. Some users, however, remain skeptical, knowing thathaving a policy and following a policy are not necessarily the same thing.Governments are having to rethink whether the amount and type of informa-tion accessible in public records should vary depending on how the informa-tion is retrieved - via the Internet or in hard copy in the courthouse.

Because of the reach and speed of the web, the importance of theaccuracy of information made available in this medium takes on a new impor-tance. Once released it is almost impossible to correct effectively.

Against this swirling backdrop of change and innovation, the electronic-court is emerging, fueled by public expectations for easier access and betterservice, the need to find more efficient and effective ways to keep pace withgrowing populations and caseloads, and the need to interact with otheragencies in the electronic age. Electronic filing is a reality in some courtsystems and is being introduced in others, although the scope of what isencompassed in electronic filing differs from system to system.

New kinds of cases and legal questions are finding their way into thecourtrooms. Cybercrime, genetics/DNA issues and cases involving complextechnologies are among them. Case preparation is being altered by thediscovery of electronic records and pro se litigants' access to information ofall types on the Internet.

Maintaining a credible presence in the electronic environment iscrucial for the future of justice. In order for the courts to adapt their structureand operations to this new age, they must understand and address the impli-cations of this transformation of the environment in which they operate. Tomove the courts in this direction, the 2002 - 2004 Strategic Plan includestasks such as the following:

Maintaining a credible

presence in the elec-

tronic environment is

crucial for the future of

justice.

10

Almost daily,

Americans awake to

headlines announcing

new scientific or tech-

nological innovations

that have the power to

alter our lives.

developing and piloting a capability to permit electronic paymentof fines and costs and making recommendations regarding theimplementation of e-payment in all courts statewide.

implementing electronic filing in the circuit courts, including inte-gration with the Courts Automated Information System, a docu-ment management system and e-commerce.

expanding Internet access to trial and appellate court records.

creating web-accessible versions of selected public use forms.

developing and implementing an Intranet for the judicial system forthe automated transmission of internal forms, personnel communi-cations, and training.

developing and implementing on-line learning resources andcourses and training all judges and court personnel in the use ofsuch resources.

developing and distributing electronic versions of benchbooks forall judges and manuals for clerks and magistrates.

11

Brave New World:

The Intersection of Science and Justice

Almost daily, Americans awake to headlines announcing new scientificor technological innovations that have the power to alter our lives. Even fiveyears ago, few would have predicted the staggering impacts that such devel-opments have had on our society and on the justice system. From the use ofDNA (deoxyribonucleic acid) evidence to the rapidly advancing field of geneticengineering, the promise that these new tools and discoveries offer for con-victing the guilty, exonerating the innocent, eradicating disease and extendinglife may be matched only by the legal, ethical and public policy questionsthey raise.

The revolutionary nature of these developments has produced newdemands for legislative bodies and courts to undertake wholesale reviews ofstatutes and procedures regarding the introduction of evidence and theintegrity of the criminal justice process. Both at the federal and state levels,

A host of new techno-

logical inventions

aimed at crime detec-

tion are being integrat-

ed into mainstream life

in America.

DNA technology has been the catalyst that has fueled the most recentdebate over the efficacy of the death penalty.

A host of new technological inventions aimed at crime detection arebeing integrated into mainstream life in America. For example, the miniaturiza-tion of Global Positioning Systems combined with increased satellite capabili-ties make it possible for car leasing companies to monitor the location andspeed of travel at which lessees drive, with penalties levied against driverswho do not obey posted limits. Electronic cameras and monitoring equip-ment utilized in Virginia now permit law enforcement departments to detectand electronically ticket traffic law violators without having an officer on thescene. Such technology also is being used to scan crowds of people tosearch for fugitives and other crime suspects. Biometric systems are beingemployed to provide unique identifiers, such as searching the iris of the eye,to ensure that only authorized personnel gain entry to secure environments.Airport security personnel are experimenting with machines that permit "X-ray" vision, or views of travelers naked, thus enabling searches for weaponsor contraband, among other detectable items.

At the same time, genetic information gained from the HumanGenome Project is revolutionizing biology and medicine. The goal of thisproject is to determine and map the entire sequences of the human chromo-some set as well as other selected organisms by 2003. This knowledgebase, along with a database of the most common sequence variations thatdistinguish one person from another, is and will be freely available over theInternet. At this point, there appear to be three primary end-uses of genetictechnology: genetic testing, gene therapies, and drug development.

While this knowledge will facilitate greatly the treatment of geneticbased illnesses, databanks of individuals' genetic profiles will make possible anassessment of an individual's predisposition for contracting certain diseases.This prospect raises complex ethical, legal, and privacy issues.

Other challenging issues for the future include the indefinite storage ofbiological samples with the expectation of future scientific advances that willpermit additional analyses not anticipated or dreamt of at the time the samplewas collected. The creation of DNA databanks holds enormous potential forassisting law enforcement throughout the country to solve crimes. However,the sharing of such databanks among forensic laboratories and federal, stateand local law enforcement departments also has raised questions of sampleand storage integrity, particularly given the different levels of sophisticationamong agencies.

As legislative action on such critical public policy issues often lagsbehind litigation on the issues, the courts may be thrust into the forefront ofwhat has been hailed as the "law's scientific revolution." Virginia courtsalready have been called upon to deal with increasing numbers of criminal,

12

[P]rofound privacy

issues surround the use

of some science and

technology innovations,

as in the case of DNA

testing in criminal cases

and civil disputes.

family law, and civil filings that involve increasingly complex science and tech-nology (S&T) issues.

While S&T-laden cases defy attempts at categorization, two types ofimplications for the justice system have emerged. The first are the directimpacts of the innovation itself, such as with the use of DNA evidence toestablish the guilt or innocence of individual defendants. Second are the indi-rect repercussions. An example of these impacts is the profound privacyissues that surround the use of some S&T innovations, as in the case of DNAtesting in criminal cases and civil disputes.

In addition to the substantive issues involved in these S&T cases, thejudiciary will have to consider the role of the courts in handling S&T issues.With the legal issues and complexities involved in these cases, they mayrequire a different institutional response from the court system. Shouldjudges become even more specialized in order to understand and deal withthe complex scientific issues involved? If judges and their staffs need to bemore knowledgeable and intelligent consumers of scientific and technologicalinformation, court systems will need to find ways to assist them in acquiringthis knowledge.

To assist the courts in meeting these challenges, tasks such as thefollowing are a part of the 2002-2004 Strategic Plan:

exploring the feasibility of providing "neutral tutorials" at the begin-ning of cases involving complex science and technology issues.

developing a capability for judges, clerks, magistrates, law clerks,and staff counsel to be able to access on a continuing basisupdated information about capital case law, DNA evidence, andemerging legal and scientific issues relating both to criminal andcivil cases.

creating a forum for judges, lawyers, legislators, and scientists toreview existing DNA statutes in light of advancements and devel-opments in the field and their implications for due process rightsand privacy issues.

developing a cadre of judges to receive advanced training toenable them to specialize in the handling of complex litigationinvolving science, technology, or business issues.

13

Service excellence is the name of the game in the Twenty-firstCentury. Consumer expectations are high when it comes to their treatmentat the hands of business and government. Attuned to the pace of cyber-space, the public's patience with poor, slow or non-existent service is inshort supply.

While the public sector can learn from and adapt private sectorservice concepts, the relationship between governments and citizensdiffers in many ways from the relationship between businesses and cus-tomers. For example, government is the only provider of some services.

But despite having a captive audience, government, especially thecourts, must be concerned with the way citizens are treated in-person, onthe phone, or in cyberspace in order to maintain the public's trust and con-fidence. Unlike businesses that strive to build repeat business and cus-tomer loyalty with quality service, courts and government agencies mustseek to engender public trust and confidence daily by treating each trans-action as if it may be that person's only exposure to that entity.

Overall, citizens today are more critical, empowered, and self-reliant.Many appear to be attempting to redefine their relationships with both busi-ness and government. In particular, some citizens are challenging govern-ment to provide greater accountability, integrity, quality and service. Theydefine quality service not only by the outcome they received, but also bythe manner in which they were treated throughout the entire process ofdealing with an organization.

A growing number of citizens are coming into courts without attor-neys. Their reasons for self-representation vary (cannot afford / do notwant / feel they do not need) but the result is the same. Pro se litigantswant and need more extensive assistance than judges, clerks, and magis-trates currently are permitted to provide. Some of these litigants come tocourt with court forms or information downloaded from the Internet toassist in their defense or to press claims.

Across the country, judicial systems are responding to citizendemands for improved service. To do so, committees and commissions arerevisiting statutes and rules governing the unauthorized practice of law.Legal aid offices are partnering with private law firms to provide additional

Attuned to the pace of

cyberspace, the public's

patience with poor, slow

or non-existent service

is in short supply.

14

Creating a New Service Paradigm

Establishing and main-

taining a culture of

service requires com-

mitted leadership and

team management

that supports, models,

and expects a commit-

ment to service.

15

legal representation for low income citizens. Self-help centers have beenestablished in a number of states.

Improved service delivery often involves the use of new technolo-gies and the innovations that they make possible. Among the innovationsadopted by many courts across the country is use of the Internet to pro-vide general information on court homepages, to receive e-filings for certaintypes of cases, to permit access to various court records, to provide self-guided assistance programs for filing cases, and to accept payments forfines, fees and costs. Other courts employ "kiosks" and self-service cen-ters to provide information in public locations away from the courthouse,and automated information telephone lines, which both facilitate and frus-trate service to the public. Such creative uses of technology may serve toimprove access and enhance service.

At the same time, court systems are exploring ways to reengineertheir basic processes and practices to provide more responsive service.Establishing and maintaining a culture of service requires committed leader-ship and team management that supports, models, and expects a commit-ment to service. In this environment, training becomes vital for staff at alllevels. In addition to traditional educational programs / formats, technologi-cal and other innovative training options provide avenues for increasedtraining in the face of limited resources.

Courts around the country are using a variety of approaches tomake service more accessible. Satellite offices in shopping centers, mobileclerks offices, improved signage, evening and weekend hours, and servicesprovided on a 24/7 basis via the Internet are a few of the mechanismsbeing employed.

Clearly the court system's most valuable service resources arejudges and court system personnel. Today, personnel and other resourcesavailable to the courts are limited. Therefore, the challenge to the courtsystem is to determine and then secure the service delivery options thathold the greatest potential for positively enhancing service for the citizensof Virginia. Towards this end, the 2002 - 2004 Plan sets forth action itemssuch as the following:

conducting a Pro Se Litigant Planning Committee to study issuesrelating to pro se litigation in Virginia and to create a statewideaction plan for serving unrepresented persons.

developing and securing funding for a Department of ConsumerServices within the Office of the Executive Secretary.

seeking funding to develop the use of videotapes in courts' wait-ing areas as a means of better informing litigants on court proce-dures and processes.

evaluating the use of technologies and equipment to permit eas-ier viewing of court dockets in the courthouse and making rec-ommendations regarding the expansion of such systemsstatewide.

creating a public information office for the judicial system.

developing and delivering a team building course for judges andclerks to strengthen the judge/court manager relationship and toimprove skills in effectively managing court operations.

Citizens are challeng-

ing conventional

assumptions and prac-

tices throughout the

business world and

government, including

the courts.

16

Defining the Courts’ Role in the Community

A justice system must be designed to meet the needs of the society itserves. As society evolves, so do citizens' concepts of justice and equity, theirsense of entitlement under the law, and their expectations of the courts. Withinthe past decade, a breathtaking array of new trends and developments insociety, technology, medicine, and law have been introduced and are trans-forming the way Americans think, work and live. As a result, citizens are chal-lenging conventional assumptions and practices throughout the businessworld and government, including the courts.

Within state judicial systems, a wave of court reform has been under-way in an effort to respond to rapid societal change and to address the per-ceived inefficiencies in court operations. The widespread expansion of media-tion and other forms of civil dispute resolution into the legal system and courts,the explosion of therapeutic justice programs or "problem-solving courts" inthe criminal justice arena, the steady acceptance of restorative justice pro-grams, and even the extensive programs established by numerous state courtsystems to assist self-represented litigants, bespeak of the changing nature ofthe justice landscape in the nation and in the Commonwealth. Such innova-tions are spurring significant change in the operation of America's state courtsand, in fact, in the very nature of the courts' role in society.

[The current wave of

court reform] could

embody the means

long sought by the

legal system and

courts to reconnect

with court users.

17

Some see these movements as the wave of the future. Others wonderwhether they are more temporary in nature and dependent on the ebb andflow of federal and state dollars. These developments, however, couldembody the means long sought by the legal system and courts to reconnectwith alienated and distrustful court users. They also may serve to increasepublic trust and confidence in the justice system overall. Whether they willhave the effect of making the courts more or less accessible and account-able to the public remains to be seen.

In this process, the courts are having to consider the philosophicalunderpinnings and day-to-day operation of "problem-solving courts", such asdrug, mental health, and DUI courts to determine whether these new "courts"alter the fundamental constitutional role of the courts in the adjudication ofcriminal offenses. Inherent to these considerations are issues such aswhether the role of the courts should continue to be adjudication of casesand determination of legal status or whether it also should involve courtsassuming responsibility for providing treatment programs for offenders. Alsoto be considered is to what extent, if any, the independence of the judicialbranch is affected when the judge becomes a member of the "treatmentteam" with law enforcement, probation and treatment personnel, so that theline between the branch that interprets the law and the branch that imple-ments the law is blurred.

Yet the popularity and reported success of such programs suggest anew construct in which both branches must act cooperatively and systemati-cally in order to adequately address fundamental societal problems such asdrug use. Viewed from another perspective, these programs could offer apreviously unavailable avenue for courts to engage with citizens and commu-nities in confronting such problems. If that is the case and these programsare to be expanded, further considerations will be needed as to what, if any,system-wide institutional change is required to support their successful andpermanent incorporation in the court system. In order to further this consid-eration, the 2002-2004 Strategic Plan includes the following initiatives:

evaluating the concepts of therapeutic justice and problem-solvingcourts to determine ways in which the integration of thoseconcepts may improve the processing and disposition of criminalcases.

exploring the feasibility and advisability of legislation allowingjudges to refer minor criminal offenses to mediation or restorativejustice programs.

overseeing the development of three pilot Dependency MediationPrograms, evaluating these pilots, and creating Guidelines forDependency Mediation Programs.

evaluating the effectiveness of family drug court programs.

exploring the need for training and/or certification for neutralsproviding services in specialized areas, including dependencymediation, adult guardianships, and restorative justice efforts.

developing a set of "best practices" for effective intergovernmentalcollaboration and planning among the courts, state and localexecutive branch agencies, and local governments.

18

MISSION

To provide an

independent,

accessible, responsive

forum for the just

resolution of disputes

in order to preserve

the rule of law and to

protect all rights and

liberties guaranteed by

the United States and

Virginia constitutions.

Vision 1All persons will have effective access to justice, including the opportunity toresolve disputes without undue hardship, cost, inconvenience or delay.

Vision 2The court system will maintain human dignity and the rule of law, by ensuringequal application of the judicial process to all controversies.

Vision 3The judicial system will be managed actively to provide an array of dispute reso-lution alternatives that respond to the changing needs of society.

Vision 4Virginia's judicial system will be structured and will function in a manner that bestfacilitates the expeditious, economical and fair resolution of disputes.

Vision 5The courts of Virginia will be administered in accordance with sound manage-ment practices which foster the efficient use of public resources and enhancethe effective delivery of court services.

Vision 6The court system will be adequately staffed by judges and court personnel of thehighest professional qualifications, chosen for their positions on the basis of meritand whose performance will be enhanced by continuing education and perform-ance evaluations. Lawyers, who constitute an essential element in the legal sys-tem, will receive a quality pre-professional and continuing education befitting thehigher professional and ethical standards to which they will be held, and theneed to become increasingly service-oriented in their relationships with clients.

Vision 7Technology will increase the access, convenience and ease of use of the courtsfor all citizens, and will enhance the quality of justice by increasing the courts'ability to determine facts and reach a fair decision.

Vision 8The public's perception of the Virginia judicial system will be one of confidence inand respect for the courts and for legal authority.

Vision 9The impact of changing socio-economic and legal forces will be systematicallymonitored and the laws of Virginia will provide both the substantive and proce-dural means for responding to these changes.

Vision 10The judicial system will fulfill its role within our constitutional system by maintainingits distinctiveness and independence as a separate branch of government.

19

The Judiciary’s Mission and Visions

Page 20 - Blank back of page 19

To Resolve Justly

Vision 1

All persons will have

effective access to

justice, including the

opportunity to resolve

disputes without undue

hardship, cost, incon-

venience or delay.

Objective 1.1To utilize technology to make courtrecords more accessible to the publicin a manner consistent with legitimateexpectations for privacy.

Task 1.1.1Expand Internet access to trial andappellate court records.

Task 1.1.2Participate in the legislative study on theprotection of information contained inthe records, documents and cases filedin the courts of the Commonwealth.

Task 1.1.3Establish Internet access to land recordsin the circuit courts.

Objective 1.2To provide for improved accessibility tocourt programs and facilities.

Task 1.2.1Expand the voluntary certificationprocess for foreign language interpretersserving Virginia courts to includeSpanish, Korean and Vietnamese.

Task 1.2.2Implement the use of computer tech-nology for the visually impaired.

Task 1.2.3Seek grant funding to develop a plan forestablishing a volunteer system withinVirginia's courts.

Task 1.2.4Develop models and secure voluntarypilot courts to implement programs forexpanded service hours for clerks'offices.

Task 1.2.5Establish a Court Interpreter AdvisoryCommittee.

Task 1.2.6Encourage courts to post multi-languagesigns in the courts and magistrateoffices, where appropriate.

Task 1.2.7Offer voluntary advanced skills work-shops for Spanish language interpreters.

Task 1.2.8 Institute an evaluation and recertificationprogram for certified interpreters.

Task 1.2.9Provide all courts with more efficientand cost-effective access to qualifiedforeign language interpreters bycontracting for a statewide telephoneinterpreter service.

Task 1.2.10Explore the feasibility of using videocon-ferencing to provide interpreter services.

Task 1.2.11Encourage the use of childcare centersat or near courthouses, including thepossibility of private/public partnerships,and evaluate the results of these pilotcenters.

Task 1.2.12 Establish an Access to Justice TaskForce to assess the barriers to effectiveuse of the court system.

Objective 1.3To eliminate economic barriers to legalrepresentation.

Task 1.3.1Conduct a Pro Se Litigant PlanningCommittee to study issues relating topro se litigation in Virginia and to createa statewide action plan for servingunrepresented persons.

22

Task 1.3.2Provide linkages on the court system'sweb page to relevant sites on legal aidoffices and lawyer referral servicesthroughout the state.

Objective 1.4To facilitate the courts' resolution of dis-putes in a timely and efficient manner.

Task 1.4.1Conduct a comprehensive statewideprogram to improve the docketing andcalendar management procedures incircuit courts, including the developmentof an automated scheduling componentto support segmented docketing proce-dures.

Task 1.4.2Implement time-segmented docketsstatewide in the district courts in orderto reduce waiting time and inconven-ience for the public and enhance thedignity of all court proceedings.

Objective 1.5To improve the quality of the court sys-tem's handling of juvenile and familylaw matters.

Task 1.5.1Continue to support the courts' effortsto comply with the Adoption and SafeFamilies Act of 1997.

Task 1.5.2Implement a management informationsystem to track child abuse and neglectand foster care cases, including arelated-case cross-referencing capability.

Task 1.5.3Develop a capability within the CourtsAutomated Information System toenable judges to be informed of all

pending cases involving members of thesame family or household.

Task 1.5.4 Develop an interface with the On-LineAutomated Services Information Systemadministered by the Virginia Departmentof Social Services.

Task 1.5.5Conduct six regional training confer-ences for staff of the juvenile anddomestic relations district courts focus-ing on needed improvements for caseprocessing in child dependency cases.

Task 1.5.6Evaluate Parent Education Seminarsthroughout the Commonwealth.

Task 1.5.7Oversee the development of three pilotDependency Mediation Programs, evalu-ate these pilots, and create Guidelinesfor Dependency Mediation Programs.

Task 1.5.8Secure funding to provide expandedtechnical assistance to local courtimprovement teams.

Task 1.5.9Assess the handling of child depen-dency cases in the circuit courts todetermine the extent and impact ofdelay on permanency for children.

Task 1.5.10Provide training for judges on the trialand treatment of child custody, visitationand support cases which addresses1) perceived gender stereotyping;2) assisting litigants with understandingthe reasons for custody and visitationrulings; and 3) appropriate circum-stances for deviating from supportguidelines.

23

Task 1.5.11Provide greater access to a broaderrange of dispute resolution options infamily matters.

Task 1.5.12Seek legislation and funding to imple-ment a family court to deal with all familyrelated issues.

Task 1.5.13Increase judicial education on thedynamics of family abuse using an inter-disciplinary approach including psychol-ogists, social workers, legal academics,and jurists.

Task 1.5.14Evaluate the effectiveness of family drugcourt programs.

Task 1.5.15Develop a pilot project to determine thefeasibility of adapting the concept ofCourt Appointed Special Advocates foruse in elder abuse cases.

Task 1.5.16Develop statewide guidelines for deter-mining spousal support similar to thoseguidelines available for child support.

Objective 1.6Enhance the security of courthousesboth for the general public and all per-sonnel who work within them.

Task 1.6.1Establish a committee to study thesecurity needs within courthouses andto issue minimum security measures forall courthouses.

Task 1.6.2Encourage the education of court secu-rity personnel on security issues of spe-cial concern to female staff and courtusers.

Task 1.6.3Coordinate efforts with the Departmentof Criminal Justice Services to ensurethat educational programs for bailiffsand all court security personnel includea customer service component.

Task 1.6.4Develop and make recommendations inconjunction with the Department ofMental Health, Mental Retardation andSubstance Abuse Services and theDepartment of Criminal Justice Services,for implementing a curriculum for trainingjudges in the effective handling of casesinvolving adult and juvenile offenderswith mental illness and substance abusedisorders.

24

Vision 2

The court system will

maintain human dignity

and the rule of law, by

ensuring equal applica-

tion of the judicial

process to all contro-

versies.

Objective 2.1To ensure that courts merit the respectof society in the handling of criminalcases.

Task 2.1.1Implement the automated entry of pro-tective orders via the electronic inter-face between the Courts AutomatedInformation System and the VirginiaState Police.

Task 2.1.2Provide judges, court personnel andmagistrates with ongoing education onthe proper issuance and enforcementof protective orders.

Task 2.1.3Determine ways to expedite hearings onprotective order violations.

Task 2.1.4Establish scheduling procedures thatfacilitate optimal participation byCommonwealth's Attorney in domesticviolence cases.

Task 2.1.5Encourage and support the creation oflocal coordinating councils to increaseawareness of gender bias and facilitatediscussion about sexual assault anddomestic violence cases.

Objective 2.2To assist the trial courts in the develop-ment, implementation and evaluationof specialized criminal case manage-ment programs.

Task 2.2.1Evaluate the cost effectiveness of drugcourt programs in Virginia and theirimpact on recidivism rates.

Task 2.2.2Develop and implement a comprehen-sive drug court management informationand evaluation system, including a drugcase management component of theCourts Automated Information System.

Task 2.2.3Evaluate the concepts of therapeuticjustice and problem-solving courts todetermine ways in which the integrationof those concepts may improve theprocessing and disposition of criminalcases.

Task 2.2.4Educate the judiciary, the bar, govern-mental agencies and the public on drugcourt programs and their effectivenessin resolving drug and alcohol relatedoffenses.

Objective 2.3To strengthen the jury system byimproving the selection process andthe jury's method of operation.

Task 2.3.1Support the introduction of legislation toeliminate jury sentencing.

Task 2.3.2Develop a jury management system forsmaller circuit courts.

Task 2.3.3Update existing jury orientation materialsto include guidance for the jury delibera-tion process.

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Vision 3

The judicial system will

be managed actively to

provide an array of dis-

pute resolution alterna-

tives that respond to

the changing needs of

society.

Objective 3.1To establish a comprehensive range ofdispute resolution services in Virginia'scircuits and districts.

Task 3.1.1Issue a Request for Proposals to createa multi-door courthouse.

Task 3.1.2Revise and update the dispute resolu-tion proceedings statutes.

Task 3.1.3Enhance understanding of the media-tion process and its possible uses andencourage the referral of cases to medi-ation by the judiciary and the bar.

Task 3.1.4Explore the feasibility and advisability oflegislation allowing judges to refer minorcriminal offenses to mediation orrestorative justice programs.

Task 3.1.5Explore the need for training and/or cer-tification for neutrals providing servicesin specialized areas, including depend-ency mediation, adult guardianships,and restorative justice efforts.

Task 3.1.6Seek funding to expand the number ofdispute resolution coordinators in thetrial courts in order to screen appropri-ate cases to mediation and to provideeffective management of such cases.

Task 3.1.7Support the provision of peer mediationand conflict resolution programs in theschools.

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To Administer Effectively

Vision 4

Virginia's judicial system

will be structured and

will function in a manner

that best facilitates the

expeditious, economical

and fair resolution of

disputes.

Objective 4.1To structure the judicial system in amanner that best enables the prompt,fair and cost-effective resolution ofdisputes.

Task 4.1.1Propose legislation to authorize theChief Justice to designate and tem-porarily assign any judge, with his orher consent, to sit at any trial courtlevel.

Task 4.1.2Explore the feasibility of providing"neutral tutorials" at the beginning ofcases involving complex science andtechnology issues.

Task 4.1.3Develop a cadre of judges to receiveadvanced training to enable them tospecialize in the handling of complexlitigation involving science, technology,or business issues.

Objective 4.2To simplify legal procedures toenhance judicial effectiveness andefficiency.

Task 4.2.1 Continue to seek adoption of legisla-tion to provide that, when a prelimi-nary hearing is held, establishment ofprobable cause at that hearing will besufficient to initiate a trial in the circuitcourt without indictment by the grandjury.

Task 4.2.2Develop and conduct a pilot testusing videoconferencing for appellatearguments, based on the experiencesof other judicial systems and theneeds of Virginia's appellate courts.

Task 4.2.3Examine the feasibility of designingand implementing a model courtorder that addresses mental healthservices at the time of adjudication incooperation with relevant executivebranch agencies.

28

Vision 5

The courts of Virginia

will be administered in

accordance with sound

management practices

which foster the effi-

cient use of public

resources and enhance

the effective delivery of

court services.

Objective 5.1To enhance the administration of thecourts by clarifying and reinforcinglines of authority and responsibility.

Task 5.1.1Establish a study under the auspices ofthe Judicial Council to review theappointment and supervision of Com-missioners in Chancery and judges protempore, policies on orders of referral,fee schedules, and control over thecosts involved when cases are soreferred.

Task 5.1.2Conduct a study on the effect of elimi-nating or limiting the use of Commis-sioners in Chancery on court caseloads.

Task 5.1.3Assess the continuing need and appro-priateness for judges to perform certainappointive duties and administrativetasks.

Objective 5.2To obtain full state funding of the courtsystem.

Task 5.2.1Secure state funding to provide lawclerks and secretaries for circuit courtjudges.

Task 5.2.2Secure increased funding to modernizethe judicial system's technology infra-structure and service delivery systems.

29

Vision 6

The court system will be

adequately staffed by

judges and court per-

sonnel of the highest

professional qualifica-

tions, chosen for their

positions on the basis

of merit and whose per-

formance will be

enhanced by continuing

education and perform-

ance evaluations.

Lawyers, who constitute

an essential element in

the legal system, will

receive a quality pre-

professional and contin-

uing education befitting

the higher professional

and ethical standards to

which they will be held,

and the need to

become increasingly

service-oriented in their

relationships with

clients.

Objective 6.1To ensure that the judicial systemattracts and retains the most qualifiedpersons for service on the bench.

Task 6.1.1Secure legislative adoption of meritselection of judges in order to recruitand to elect the most qualified judiciary.

Task 6.1.2Secure increases in salaries for judgesand justices in order to maintain com-pensation levels which are attractiveenough to encourage qualified individ-uals to choose a judicial career.

Task 6.1.3Seek funding to pilot the use of thejudicial performance evaluation systemendorsed by the Supreme Court ofVirginia.

Objective 6.2To provide education delivery optionswhich will ensure expanded andcareer-long training opportunities forall persons in the judicial system'sworkforce.

Task 6.2.1Develop and implement on-line learningresources and courses and train alljudges and court personnel in the useof such resources.

Task 6.2.2Secure and install a distance learninginfrastructure for the court system.

Task 6.2.3Integrate the long-term training cur-riculum for Virginia's judicial systemwith the distance education plan.

Objective 6.3To develop advanced and specialized

training opportunities for all judges,clerks and magistrates.

Task 6.3.1Develop a capability for judges, clerks,magistrates, law clerks, and staff coun-sel to be able to access on a continu-ing basis updated information aboutcapital case law, DNA evidence, andemerging legal and scientific issuesrelating both to criminal and civil cases.

Task 6.3.2Develop and deliver a team buildingcourse for judges and clerks tostrengthen the judge/court managerrelationship and to improve skills ineffectively managing court operations.

Task 6.3.3Develop a set of "best practices" foreffective intergovernmental collabora-tion and planning among the courts,state and local executive branch agen-cies, and local governments.

Task 6.3.4Increase the options for providingtechnical assistance services to thecourts to include on-site support forstrategic planning efforts, caseflowmanagement projects and building col-laborative relations within and betweenthe trial courts and the magistrateoffices.

Objective 6.4To provide non-traditional learningopportunities for judicial branchpersonnel which advance their profes-sional development and personalgrowth.

Task 6.4.1Create joint learning opportunities fortrial and appellate judges, clerks andmagistrates.

30

Objective 6.5To ensure that the judicial system pro-vides a compensation, reward andbenefit system and a working envi-ronment which will attract and retainhighly-qualified career personnel forservice in the courts.

Task 6.5.1Address the personnel shortages thatexist in the district court and magis-trate systems by seeking funding foradditional positions and salary increas-es that will enable the judicial systemto successfully attract and retain highlyqualified clerks and magistrates.

Task 6.5.2Reevaluate the district court salary andclassification system in light of reformsmade in the executive branch classifi-cation and compensation systems.

Task 6.5.3Assess and make recommendationsregarding the impact of the aging ofthe judiciary's workforce on the courtsystem's ability to provide continuity ofservice with highly qualified personnel.

Task 6.5.4Implement a qualification/screeningmechanism for bilingual court systememployees who will use their foreignlanguage skills in serving the public.

Task 6.5.5Modify the compensation package forjudicial system personnel in order toprovide additional pay for bilingualemployees when foreign languageskills are needed by the court.

Task 6.5.6Explore means used in the privatesector and in state and local executivebranch agencies to enhance communi-cations with judicial branch personnel

and to recognize outstanding achieve-ment and public service provided byjudges and court system personnel.

Objective 6.6To implement the recommendationsof the Gender Bias in the Courts TaskForce.

Task 6.6.1Strengthen the gender-bias educationcomponents of all training programsprovided to judges, clerks and magis-trates, including segments on the useof gender-neutral language.

Task 6.6.2Provide information on state and localpolicies to prevent sexual harassmentas a component of new employeeorientation for all judges, clerks andmagistrates.

Task 6.6.3Recommend expanded education formembers of the bar on preventinggender bias through 1) components ofappropriate continuing legal educationprograms, including those on ethicsand professionalism; and 2) presenta-tions at local bar association meetings.

Task 6.6.4Encourage the Compensation Board inconjunction with the Virginia CircuitCourt Clerks' Association to requirethat all circuit court clerks adopt writtensexual harassment policies and proce-dures.

Task 6.6.5Request the legislature to providemore alternatives to incarceration forwomen near the major metropolitancenters.

31

Task 6.6.6Encourage circuit judges to considerthe demographic makeup of the juris-diction to assure representativeness inmaking appointments for substitutejudges, Commissioners of Accounts,and other quasi-judicial officers.

Task 6.6.7Encourage legislative delegations, localbar associations, and others involvedin the judicial selection process toidentify any impediments to achievingfair representation in judicial appoint-ments.

32

Vision 7

Technology will

increase the access,

convenience and ease

of use of the courts for

all citizens and will

enhance the quality of

justice by increasing

the courts’ ability to

determine facts and

reach a fair decision.

Objective 7.1To use technology to increase commu-nication and access for all court users.

Task 7.1.1Create web-accessible versions ofselected public use forms.

Task 7.1.2Develop and pilot a capability to permitelectronic payment of fines and costsand make recommendations regardingthe implementation of e-payment in allcourts statewide.

Task 7.1.3Implement electronic filing in the circuitcourts, including integration with theCourts Automated Information System,a document management system ande-commerce.

Task 7.1.4Conduct a requirements study for elec-tronic filing in the appellate courts.

Objective 7.2To maximize the use of technology with-in the judicial system to enhance thequality of justice rendered by courts.

Task 7.2.1Establish and appoint a TechnologySubcommittee of the Judicial Council toadvise Council on technology policy andprivacy issues arising from advance-ments in technology and their potentialrepercussions for the legal system andthe courts.

Task 7.2.2Implement a Technology AdvisoryCommittee composed of public andprivate sector information technologyspecialists to advise and assist theOffice of the Executive Secretary inimplementing new and innovative tech-nology applications for the courts.

Task 7.2.3Design, develop and implement a newcapability within the Case ManagementSystem to track key events in a case inorder to alert both clerks and judges ofrequired activities or events based onthe type of case.

Task 7.2.4Complete migration to a modern rela-tional database and fourth generationcomputer programming languages inorder to expand the capabilities of theCourts Automated Information Systemto include additional cross-referencing,tracking of key events, and enhancedsearch capabilities, and to provide addi-tional data for the Integrated CriminalJustice Information System.

Task 7.2.5Develop and distribute electronic ver-sions of benchbooks for all judges andmanuals for clerks and magistrates.

Objective 7.3To expand collaborative relationshipsbetween the courts, state and localgovernments, and the private sector tofacilitate greater ease in the electronicexchange of information and in theconduct of judicial proceedings.

Task 7.3.1Seek funding to participate in thephased implementation of an IntegratedCriminal Justice Information System toprovide access to and tracking of infor-mation on criminal defendants.

Task 7.3.2Establish a cooperative effort betweenthe Division of Forensic Science, the bar,and the judiciary to develop and imple-ment procedures for scientific andexpert testimony via video conferencingwhere such testimony is frequentlyrequired.

33

Task 7.3.3Develop and implement an updatedautomated magistrate information sys-tem with a centralized magistrate data-base.

Task 7.3.4Provide magistrates and courts directconnectivity to the Virginia CriminalInformation Network administered bythe State Police, where requested.

Task 7.3.5Expand electronic information exchangeamong courts and other justice agen-cies by enhancing interfaces with theDepartments of Corrections, StatePolice, and Juvenile Justice and theDivision of Child Support Enforcement.

Task 7.3.6Implement the automated interfacebetween the Central Criminal RecordsExchange and the juvenile and domesticrelations courts.

Task 7.3.7Develop the capability to provide for theIntegrated Criminal Justice InformationSystem an offense-based tracking num-ber, a uniform code description, and aninterface to the Compensation Board toprovide jail commitment data from themagistrates.

Task 7.3.8Establish the capability to directly down-load warrants to Public Defender offices.

Objective 7.4To facilitate the use of technology andautomated systems by judicial systempersonnel.

Task 7.4.1Provide to and train court personnel onthe use of e-mail, Internet and Intranetaccess, and local area networks.

Task 7.4.2Create and fund technology supportspecialist positions to provide daily sup-port and training for the more effectiveuse of technology in larger courts.

Task 7.4.3Develop an Executive InformationSystem for the juvenile and domesticrelations district courts to track andreport management information andallow ad hoc queries of the juvenile anddomestic relations district courts' data-base.

Task 7.4.4Secure funding to develop and deliver acomprehensive technology training pro-gram for judges and judicial systempersonnel.

Task 7.4.5Enhance the Financial ManagementSystem to automatically assess allappropriate misdemeanor convictionfees upon the updating of a misde-meanor conviction in the CaseManagement System.

Task 7.4.6Develop individual court access to data-bases of other courts via the CourtsAutomated Information System.

Task 7.4.7Study the development of dataexchange between trial and appellatecourts.

Task 7.4.8Create a centralized Help Desk capabilityto assist judges and judicial systempersonnel with questions and problemspertaining to the use and operation oftheir automated systems.

34

Task 7.4.9Enhance opportunities for judicial sys-tem personnel to learn about new andemerging technology by holding vendorfairs at judicial conferences.

Task 7.4.10Develop and implement an Intranet forthe judicial system for the automatedtransmission of internal forms, personnelcommunications, and training.

Task 7.4.11Install 24 LANs in J&DR courts and seekfunding for additional LANS.

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To Preserve the Public Trust

Vision 8

The public's perception

of the Virginia judicial

system will be one of

confidence in and

respect for the courts

and for legal authority.

Objective 8.1To improve service quality by increasingthe courts' awareness of and respon-siveness to the needs of the citizensthey serve.

Task 8.1.1Develop and secure funding for aDepartment of Consumer Serviceswithin the Office of the ExecutiveSecretary to provide technical assis-tance, to serve as a clearinghouse andresource for local courts, to delivercustomer service training, to coordinatea volunteer program for the courts andto assist in local implementation ofdistrict court service centers.

Task 8.1.2Seek funding to develop the use ofvideotapes in court waiting areas as ameans of better informing litigants oncourt procedures and processes.

Task 8.1.3Create a public information office forthe judicial system in order to carry outthe following functions: 1) develop astatewide action plan for enhancingpublic understanding about the courts;2) assist judges, clerks, and magistratesin developing public information mater-ials for use locally, including modelspeeches, programs, and resources;3) evaluate the use of innovative meansfor providing public information andeducation.

Task 8.1.4 Evaluate the use of technologies andequipment to permit easier viewing ofcourt dockets in the courthouse andmake recommendations regarding theexpansion of such systems statewide.

Objective 8.2To ensure that participants in thejudicial process are not discriminatedagainst because of race, gender, age,disability or socioeconomic status.

Task 8.2.1Create a Task Force on Racial andEthnic Bias to examine any existing orperceived barriers to full access tojustice for persons of different racesand ethnic backgrounds.

38

Vision 9

The impact of changing

socio-economic and

legal forces will be sys-

tematically monitored

and the laws of Virginia

will provide both the

substantive and proce-

dural means for

responding to these

changes.

Objective 9.1To expand the strategic planning capa-bilities of the judicial system.

Task 9.1.1Assist local courts in developing andconducting strategic planning efforts toenhance their delivery of services to thepublic.

Task 9.1.2Provide regular assessments of newtechnologies and their applicability in thecourt environment to all judges andcourt system personnel.

Objective 9.2To monitor the impact of new andemerging trends on the courts.

Task 9.2.1Create a forum for judges, lawyers, leg-islators, and scientists to review existingDNA statutes in light of advancementsand developments in the field and theirimplications for due process rights andprivacy issues.

Task 9.2.2Study and develop with assistance fromthe Joint Commission on Technologyand Science, a procedural scheme, bystatute or by rules of evidence, for dis-covery of electronic data in civil cases.

Task 9.2.3Continue to utilize environmental scan-ning mechanisms such as the newsletterFuture View to inform those within thejudicial branch of changing trends andneeds for court and legal services.

39

Vision 10

The judicial system will

fulfill its role within our

constitutional system by

maintaining its distinc-

tiveness and independ-

ence as a separate

branch of government.

Objective 10.1To effectuate better understandingand communications among the threebranches of state government.

Task 10.1.1Continue to discuss unique approachesand ideas for improving legislative/judicial/executive branch relations inVirginia.

40

General Information for Individuals with Disabilities

The Virginia court system has adopted a policy of non-discrimination in both employment and in access to its facili-ties, services, programs and activities. For further information, contact the Office of the Executive Secretary,Supreme Court of Virginia, 100 North Ninth Street, Third Floor, Richmond, Virginia 23219. The telephone number is804/786-6455; communication through a telecommunications device (TDD) is also available at this number.