Primer on Advanced Courtroom Technology

<p>New technology that allows parties to submit exhibits in an electronic format is
allowing federal courtrooms across the country to become "paperless."

</p><p>The Federal Judiciary has adopted strategic information technology initiatives targeted
at reducing the reliance on paper and achieving economies in its business processes. One
of these initiatives is the new case-management program, CM/ECF. Another initiative
is the use of technology in the courtroom. The Judicial Conference of the United States
in March 1999 endorsed the use of advanced courtroom technology and urged that it
be considered necessary when new courtrooms were planned and built. Plans were also made
to retrofit existing courtrooms with the new technology.

</p><p>The funding for these new technologies was initially targeted for new courthouses,
with one in every six courtrooms furnished with the appropriate technology. Under this
approach, funding for existing courtrooms in the older courthouses proved to be a
struggle for the courts because of the high cost. Over the past several years, the
Administrative Office of the U.S. Courts (AOUSC) worked to secure as much of
the available resources as possible for the older courtrooms and passed the money to
the circuit executive offices. Courts were invited by their circuits to apply for the
funding. One to two existing courtrooms in each circuit are now being retrofitted with
the technology each year.

</p><p>The judiciary's strategic program objectives for advanced courtroom technology provide
the following: 1) installation of video evidence presentation systems; 2)
installation of videoconferencing systems in buildings housing three or more courtrooms;
and 3) installation of real-time receiving software and monitors for district judges
and courtroom personnel in all district courtrooms equipped with courtroom technology.

</p><p>Courts were recently delegated authority by the director of the AOUSC, L. Ralph
Mecham, to contract for courtroom technologies design and installation support in
existing courthouses. The responsibility for contracting design services, installation of
equipment and oversight rests with the clerk of court.

</p><h3>Explanation of Advanced Courtroom Technology</h3>

<p><i>Video Evidence Presentation Systems:</i> These provide a means to present evidence
electronically through an integrated system of document cameras, videotape players,
laser disc players, CD-ROM players, annotating devices and projection monitors for
participants (<i>e.g.,</i> judges, attorneys, jury, court reporter and gallery) in the
courtroom. This technology practically eliminates the need for documents and other
objects to be passed to each trial participant for examination, increasing the speed
of the proceedings while improving comprehension of the material. These technologies
are useful in a variety of proceedings including jury trials, bench trials and
evidentiary hearings.

</p><blockquote><blockquote>
<hr>
<big><i><center>
One to two existing courtrooms in each circuit
are now being retrofitted with the technology
each year.
</center></i></big>
<hr>

</blockquote></blockquote>

<p><i>Videoconferencing:</i> This provides live, two-way audio and video transmission between
a court and a remote site (such as a divisional office or a prison) to transmit
speech and images. It offers opportunities to conduct some court proceedings without
the necessity of having all participants present in a single courtroom.

</p><p><i>Electronic Means of Taking the Record:</i> New digital recording systems now permit the
judge and other court personnel to be integrated into the existing real-time system
through real-time receiving software and monitors. Digital recording systems have more
clarity than the old electronic recording systems and use CDs instead of cassette
tapes.<small>^{<a href="#1" name="1a">1</a>}</small>

</p><p>The various equipment that is installed in the courtrooms include the following:

</p><ul>
<li>A document camera enables counsel to present evidence to the judge and jury via
courtroom monitors/projection screen. This evidence can be in any medium (documents,
pictures, nega-tives, x-rays, 3-D objects.) The judge can turn off the
monitors/screens to preview evidence before it is admitted for jury viewing.

</li><li>Video monitors are placed at the judge's bench, courtroom deputy's station,
witness and attorney tables and on the evidence presentation equipment cart. The
witness monitor and cart monitor are equipped with touch-screen technology. The judge
may request monitors for the gallery and for overflow.

</li><li>Touch-screen video monitors enable the witness and counsel to draw, point and
highlight on the video monitor any evidence or document that is displayed through
the system. The image of the document or other exhibit can be marked up with no
harm being done to the original.

</li><li>A video cassette recorder (VCR) allows playback of evidence through the video
monitors. The VCR contains a freeze-frame feature on the remote control that allows
the operator to slowly advance or freeze an image. Counsel or a witness may use
the touch-screen video monitor on a frame of the tape.

</li><li>A color video printer is available for counsel to print an image of a piece
of evidence as it has been displayed through the system. Annotations can be printed
as well. The printer enables counsel to preserve any document or piece of evidence
for the record.

</li><li>Computer input is available if counsel wishes to plug in a computer and present
computer evidence or make slide presentations. Counsel provides his or her own
computer and software, but any standard system can be plugged into the court's
audio/video display.

</li><li>Audio input is available if counsel wants to use a tape recorder or a computer
with a sound card to present a recording or music as evidence through the sound
system.

</li><li>A customized presentation cart that has an ADA-compliant lectern holds the
document camera, VCR, video printer, audio input, computer input and a
touch-screen video monitor.

</li><li>Attorney "smart tables" contain access plates for real-time reporting in district
courts, modem access, the court's electronic docket, local area network and attorney
laptop connections for display of presentation software. The attorneys will have
access to Westlaw or Lexis-Nexus, as well as Internet and e-mail access from
their laptops. PowerPoint, Harvard Graphics and Corel Presentations are some of
the most common examples of publishing/ graphic software. This type of software
package is sometimes referred to as a slide show presentation, which allows counsel
to illustrate and augment presentations such as opening and closing statements.
Evidence-presentation software is designed to facilitate the organization and
presentation of evidence in the courtroom. With this software, it is possible to
quickly locate and display exhibits, to project side-by-side views of exhibits and
annotate exhibits on screen, as well as numerous other functions that may enhance
and expedite evidence presentation. Some of the most commonly used evidence
presentation systems are Trial Director, Verdict Systems Sanctions and Trial Pro.

</li><li>In addition to the evidence presentation equipment, the court may offer audio
teleconferencing in the courtroom, permitting the judge and other participants in the
courtroom to listen to, and hold conversations with, parties outside the court.
Control of this unit is via the touch screen on either the judge's or courtroom
deputy's bench.

</li><li>Video conferencing, now available in many districts, allows the court to include
several remote sites during a videoconference, giving the flexibility to hold hearings
and take witness testimony from the various sites.
</li></ul>

<h3>Training</h3>

<p>The courts offer basic training to lawyers in preparation for trial with the evidence
presentation system. User manuals are written by the court and are available on the
various courts' web sites. Some courts offer CLE credit with the training.

</p><h3>Judges' Comments</h3>

<p>Judges who have the evidence presentation technology in their courtrooms state that
running a paperless courtroom saves trial time. Evidence presentation software allows
the attorneys to be more organized, and they no longer have to "fuss with lots of
loose papers." The jury sees the evidence at the same time the witness is testifying
about a particular document or piece of evidence. The witness can annotate an exhibit
or demonstrate a situation or scenario using the touch-screen monitor, making it easier
to understand his testimony. An instant printout of the annotation is available for
evidence marking. No paper document needs to be passed around for viewing. Thousands
of pages of evidence can be sorted on an attorney's laptop. Videotaped depositions can
also be presented for impeachment purposes. Attorneys can focus on key exhibits,
shortening the time for closing arguments.

</p><p>Videoconferencing equipment allows the parties to save travel, money and time. There
is efficiency in time; the judge can virtually transport a person or group to any
corner of the state or country and back again at the touch of a button. The
equipment provides resource efficiency. The court can share information through audio and
video equipment and personal computers. The judge can zoom in on documents for
clarification and focus. The court has greater flexibility in scheduling hearings.
Video-conferencing eliminates problems associated with travel, multiple conflicting
schedules and high costs with a single date for the hearing. Traveling in bad weather
is no longer a concern. The judge has a better view of the testifying witness because
one can look the remote witness in the face rather than in profile or the back of
the head. The picture-within-a-picture technology allows the judge to see all
parties, both in the courtroom and at the remote site all at the same time. The
real focus is on the hearing, and not the technology.

</p><h3>Limitations and Financial Realities</h3>

<p>The installation of this equipment costs a great deal of money. Budget limitations
may preclude a court from going forward with this technology. Retrofitting an existing
courtroom requires new sound systems and additional acoustical material. The AOUSC does
not provide funds for acoustics or architectural changes to the millwork in the
courtroom. Existing spaces may pose a limitation on the incorporation of technology
because of the inability to design appropriate infrastructure. Therefore, the installation
of the technology itself may be compromised and can potentially involve a great deal
of time as well as money, in addition to the accessibility and performance of the
system.

</p><h3>Conclusion</h3>

<p>Electronic information is commonplace in our lives and now in the courtroom.
Advanced technology allows attorneys to present and display many types of evidence and
testimony to the judge and jury in clear and more comprehensible ways. It is hoped
that this new technology will soon become an integral part of all attorneys' hearings
and trial strategies.

</p><hr>
<h3>Footnotes</h3>

<p>^{<small><a name="1">1</a></small>} Real-time transcription is currently only available in federal district courts; bankruptcy courts use recording technology. <a href="#1a">Return to article</a>

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