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
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
Ten Core Competencies
1.
2.
3.
Purposes and Responsibilities of the Courts & Court Administrators
Leadership
Caseflow Management
4.
Information Technology Management
5.
Court Community Communication
6.
Human Resources Management
7.
8.
9.
10.
Resources, Budget and Finance
Education, Training, and Development
Essential Components
Visioning and Strategic Planning
https://nacmnet.org/CCCG/cccg_CoreCompetencies.html
“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
Human Resource Management
• Recruitment & selection
• Retention: Training & Development
• Principles for a high performance work
environment
National Association for Court Managers
https://nacmnet.org/CCCG/cccg_CoreCompetencies.html
• Courts need good people, people who are competent, upto-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.
Court Administrators & Court Staff
• Executive branch of government
• Public servants (e.g., Ministry of the Attorney
General)
• Selection by merit
• Oath of office
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.
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/
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.
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
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)
National Association for Court Managers
https://nacmnet.org/CCCG/cccg_CoreCompetencies.html
• Courts need good people, people who are competent, upto-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.
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
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
Retention: Training & Development
On-the job training and self-directed study:
• Knowledge of legal terminology, court policies,
procedures,
• Skills: computer applications, accounting
systems.
• Organization
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
“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.
10 Common Practices to Create a High
Performance Work Environment
1.
Clearly communicate the organization's goals and objectives to all
employees, e.g. purposes and responsibility of courts.
2. Be transparent and readily share information with employees so that
they see how their job contributes to the bigger picture.
3. Always convey excellence in your actions. Behaviours should reflect what
you are saying (i.e., values and ethics).
4. 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.
5.
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.
10 Common Practices to Create a High
Performance Work Environment
6.
7.
8.
9.
10.
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).
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
INFORMATION TECHNOLOGY
MANAGEMENT
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
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.
Menu of Court Technologies
•
•
•
•
•
•
•
Public view terminals
E-mail
Intranets
Web streaming
Audio conferencing
Video conferencing
Assistive devices for persons with disabilities
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.
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.
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.
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/Hom
e/Home
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.
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.
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.”
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
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.
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.
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/june2014/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/industrynews/property-report/what-will-the-courthouses-of-tomorrowlook-like/article17641040/
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_CanadaDigi
tizationOfCourtProcesses20121023.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/wpcontent/uploads/2013/07/Interthink-White-Paper-EffectivelyManaging-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/cour
ts_annual_12/Court_Services_Annual_Report_FULL_EN.pdf
• 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/pmcdgr/docs/excel-eng.asp