1. All Rights Reserved Re-Thinking the Courts Richard Zorza, Esq., richard@zorza.net www.zorza.net

2. All Rights Reserved Introduction The Historic Leadership Role of California in Re-Thinking This is the Group that Will Make it Happen

3. All Rights Reserved Outline I.The Context and Key Principles in Re- Thinking What Courts Are, What They Do, And How They Do It. II. Re-Thinking Some Steps in an Access- Centered Court Process III. Applying This in Difficult Areas: Traffic and Small Claims IV Themes and Conclusions for the Future

4. All Rights Reserved I The Context and Key Principles in Re-Thinking Courts and Preparing the Next Round of Innovations

5. All Rights Reserved Three Core Ideas Moving from Heresy to Truism Core Vision: Courts Must be Re- Thought to Provide Access to Justice for All That Requires Re-Thinking Every Aspect of the Courts and the Relationship of Those Aspects What Works for Litigants Works for Courts and the Bar

6. All Rights Reserved A Brief History of Rethinking: Steps Toward the Access-Centered Approach The Core Initial Insight was Crisis Driven Incremental Improvements and Changes Driven by an Initial Administrative Perspective With Increasing Litigant Sensitivity and Vision Leading to Transformative Perspective of What Courts Are, What They Do and How They Do It Very Basic and Broad Appeal

7. All Rights Reserved Stepping Back: What Do Litigants Need for Access To Get Things Resolved To Have That Happen Quickly and Efficiently To Know that the System is Fair To Be Heard, and Treated with Respect, Whatever the Language To Be Able to Participate Fully, Whatever the Language To Know What Is Going On and Why

8. All Rights Reserved Access System Works for the Courts Too By Keeping Cases Moving to Fair Results I Capacity to Quickly Put Each Person on the Right Path with the Right Help/Resources Improves the Court As Few Steps as Possible on Each Path Saves Resources Help, Guidance and Tools in Navigating Each Step Improves Efficiency and Outcomes

9. All Rights Reserved Access System Works for the Courts Too By Keeping Cases Moving to Fair Results II As Few Demands on the Litigant As Possible Reduces Delay and Resistance Full Participation and Openness Leads to Trust and Confidence and Better Outcomes Checking that Needs Still Being Met Keeps Cases Moving Saving Resources

10. All Rights Reserved You Know Today’s Wonderful Examples and What They Have Achieved Self-help Centers and Services Changes in Judicial Engagement Courtroom Services and Support Technology for Information and Preparation What They Have in Common and What They Have Taught Us

11. All Rights Reserved Leads to The Access-Centered Approach With Core Concepts Based on Understanding Barriers Litigants Face: Information, Analysis, Options, Preparation and Support Based on More Data and on Experiences of all Players

12. All Rights Reserved More Core Concepts Listening to Litigants and Treating Them With Respect Changes the Whole System but Takes An Investment Which is Returned Understanding That There is no Conflict Between the Goals of the Court for Efficiency and the Public for Access Expanding View of Neutrality Works for Litigants and Courts

13. All Rights Reserved Why More Has Not Happened Yet An Old System With Lots of Legacy Rules, Processes and Role Assumptions Budgeting Systems, Lack of Capital or Multi-year Planning Staffing Systems Need Flexibility Fear of Changing the Role of the Court Perception that Engagement is Non- Neutral

14. All Rights Reserved II Rethinking The Steps in the System

15. All Rights Reserved Steps Gateway Diagnosis Case Starting Hearing and Decision Compliance

16. All Rights Reserved Re-Thinking Steps Minimize the Number of Steps Structure Each Step So Information is Gathered Simply from the Easiest Source Assess Before Each Step and Support the Parties to Move Forward Use Each Step to Prepare for the Next

17. All Rights Reserved Some Overall Implications for All Steps Courts Open for Business When People Can Use Them Build Physically for All Forms of Access Technology for Access Staffing Implications

18. All Rights Reserved Envisioning The Front Door Making the Security Perimeter Welcoming and Informative Layout for Welcome and Clarity Welcoming and Directing Staff With Information and Tools LEP Issues at the Front Door Emergency Room Example

19. All Rights Reserved Envisioning The Access Gateway and Starting Mechanism Problem Assessment Assisting With Submission of Needed Information Case Starting Engagement and Assistance – Forms, Preparation and Service Preparation for Helping Keep Case Moving LEP Issues and Assistance

20. All Rights Reserved A Key Step: Redefining What Center Staff Can Do: Communications and Actions - I Not Just About Communications, But Also Actions to Move Case Along Must Be Neutral, Non-secret, and Offered to All Can Be Engagement, But Not Advocacy

21. All Rights Reserved A Key Step: Redefining What Center Staff Can Do: Communications and Actions - II Some Examples: Why –Documents, Dates, Referrals Some Examples: Why Not –Advocacy for Substantive Results Hearing Preparation Roles and Support Neutrality Defined in Part by Expectations Changing Expectations by Explanation Moving to Generality

22. All Rights Reserved A Key Example: The Service of Process Issue - I Traditional View and History The Real World Problems –IJWA, Locating, Uncertainty What is Needed –Simple, Quick, Clear What it Might Look Like –Court Mail Service –Center Help and Role –Batching etc.

23. All Rights Reserved A Key Example: The Service of Process Issue - II Reasons to Change/Not Change –Cost issues, Saving Time –Impact on overall system issues Ways of Moving Forward –Understanding What Goes Wrong –Experiments and Models

24. All Rights Reserved Rule 4, Fed R. Civ. P..... “At the request of the plaintiff, however, the court may direct that service be effected by a United States marshal, deputy United States marshal, or other person or officer specially appointed by the court for that purpose. Such an appointment must be made when the plaintiff is authorized to proceed in forma pauperis...”

25. All Rights Reserved A Key Component: Diagnosis of Need Why Critical to 100% Access –Resource Issues –Credibility Issues –Coordination Issues –A Respect Issue Understanding Types of Need and Resources Available

26. All Rights Reserved Options for Diagnosis How To Diagnose –Human –Protocols and Rules –Technology and its Limits Where to Diagnose New Options and Layers Needed –Will be based on Diagnosis Experience Roles of Other Players –Bar – Discrete Task and Beyond –Legal Aid and Parallel Rethinking

27. All Rights Reserved Diagnosis: Barriers and Moving Forward Barriers –Lack of Understanding of Complexity of Need –Confidentiality issues –No Resources –Role Issues –Collaborations Needed –Avoiding Dead Referrals and Referral Loops Ways of Moving Forward –Pilots By Issue, etc

28. All Rights Reserved Process Improvement and Moving the Case: Case Management and Preparation Support Current Philosophy and Use of Case Management Building on This View The Broad Neutrality Test Applies with Greater Engagement

29. All Rights Reserved Moving the Case: Case Management and Appropriate Engagement – Techniques _ I Court Driven Scheduling Ongoing Assessment of Situation and Needs

30. All Rights Reserved Moving the Case: Case Management and Appropriate Engagement – Techniques II Assistance with Specifics When Possible Service, Documents, Evidence, Order, etc. Mediation and Other Paths Reminders and Intervention

31. All Rights Reserved The Courtroom – the Judicial Officer and Neutral Engagement Judge and Neutral Engagement Theory of Engagement and Neutrality

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33. The Courtroom – the Judicial Officer and Neutral Engagement Steps and Goals Setting the Stage Getting the Information Making the Decision Communicating the Decision Preparing for the Next Steps

34. All Rights Reserved The Courtroom – the Judicial Officer and Neutral Engagement Evidence Issues No Legal Barriers Making Sure Weight Understood Opportunity to Bolster

35. All Rights Reserved The Courtroom – Staff Support Staff Supporting the Steps is Supporting Judicial Neutrality Setting the Stage Getting the Information Making the Decision Communicating the Decision Preparing for the Next Steps Pre Hearing Meeting Order Preparation and Support

36. All Rights Reserved The Courtroom – Design Issues Educational Environment Ongoing Informational Materials Projection System Physical Design Scheduling for Education and Preparation

37. All Rights Reserved A Missing Component: Compliance Engagement – Goals and Barriers Goals –No Point to Un-enforced Order Barriers –Neutrality View –Resources –Lack of Imagination –Hard to Find People

38. All Rights Reserved Compliance Approaches Key Approaches –Appropriate Role for Court to Enforce Judgment –Understand public Cost of Non- compliance –Minimize Burden on Party Seeking Compliance –Protect Party Against Whom Compliance Sought –Balance of Power Issues

39. All Rights Reserved Compliance Engagement – Specific Ideas I Examples –Materials –Ongoing Review processes –Support Systems –Self-Enforcing Orders

40. All Rights Reserved Compliance Engagement – Specific Ideas Courtroom and Looking Forward –Designing the Process for Buy-In –Engaging the Litigants to Prepare for Compliance –Gathering Information for Compliance –Shaping the Order for Compliance

41. All Rights Reserved The Politics of Compliance Consequences of Innovation Focus on Areas of Agreement Aim Not to Change the Balance

42. All Rights Reserved The Challenge of System Complexity Goals and Benefits of Simplification Risks of System Simplification Complexity of Change and Needs of Constituencies

43. All Rights Reserved System Complexity: Approaches Starting With What Can Be Controlled Identifying the Barriers to Additional Simplification Understanding the Interests and Transcending the Conflicts

44. All Rights Reserved III Applying Rethinking in Difficult Areas: Traffic and Small Claims

45. All Rights Reserved Traffic: the Problem Litigant Desire Simplicity Litigant Choice Equity System Need Pay and Out Behavior Change Minimum Disruption

46. All Rights Reserved Traffic Ideas I More Ways of Presenting Case –Paper –Video More Resources for Preparation –Video Models –Self-Assessment

47. All Rights Reserved Traffic Ideas II More Resources for Resolution –Other Types of Judges/Judging –Realistic about cross-examination Communicate Alternatives Better –With Ticket –In Community –Multi-Lingual

48. All Rights Reserved Small Claims: The Problem Litigant Desire Simplicity and Speed Being Fully Heard System Need Conclusion Efficiency

49. All Rights Reserved Small Claims: Ideas I Expand Advisor Role Hearing Preparation Support Technology, Information, Templates, etc.

50. All Rights Reserved Small Claims: Ideas II Show Models to Litigants Compliance Preparation Before and During Hearing Compliance Support after Hearing Online negotiation and options

51. All Rights Reserved IV Themes and Conclusions

52. All Rights Reserved Common Themes and Needs Active and Engaged Neutrality Circularity of Expectations as to Court Role Value of System Transparency Assistance Tailored to Need and Mechanisms to Support Integrated Budgeting The Importance of Court Self Assessment

53. All Rights Reserved Remember the Rethinking Vision Access to Justice How it is Experienced What it Brings Why it Works for all Step Back and Remember Where we are Going.

54. All Rights Reserved Conclusion Is This a Tipping Point? Each Step Creates the Political Constituency to Expand Access True Neutrality Versus Neutrality By Expectation The Overall System Needs a Re-Balancing so These Needs are Met Partners in a Historic Moment State and National Partners: Out of State Meeting