State of Courtroom Technology Today. Fred Lederer, Chancellor Professor of Law and Director, CLCT William & Mary Law School

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1 State of Courtroom Technology Today Fred Lederer, Chancellor Professor of Law and Director, CLCT William & Mary Law School

2 Our Theme A time of transition Culturally and technologically

3 Evidence presentation by phone

4 Our other programs Going from Analog to Digital, What the Analog Sunset Means to Courtrooms 11:15-12:30, Martin Gruen Smartphones, Tablets, and Watches, OH MY! Evidence Presentation in an Age of BYOD 1:30-2:45, Fred Lederer The Cloud, Virtual Reality, and More, What the Crystal Ball Says for the Future of Court Technology 3:00-4:00, Tony Douglass and Fred Lederer

5 Applying Administrative Conference of the U.S. Video Conference Standards to Courtrooms 4:15-5:30, Martin Gruen and Christine Williams Going from Analog to Digital, What the Analog Sunset Means to Courtrooms Wednesday, 3:15-4:30, Martin Gruen Smartphones, Tablets, and Watches, OH MY! Evidence Presentation in an Age of BYOD Thursday, 8:30-9:45, Fred Lederer

6 And feel free to visit to kick the tires Wednesday, 2:00-3:00

7 Our Program Who we are Yes, we used to be the Courtroom 21 Project Review of courtroom and related technologies and uses

8 The Center for Legal and Court Technology Seeks to improve the administration of justice through appropriate technology Is the world center for courtroom and related technology

9 he Center for Legal and Court Technology Conducts legal and empirical research Provides court education and training

10 The Center for Legal and Court Technology Is the center of the CLCT Court Affiliates: Federal, state, and non-u.s. courts interested in using technology to improve the administration of justice Now in the process of moving to a much larger web-based structure designed to enhance court interchange of experience and information

11 Conferences E.g., Conference on Privacy and Public Access to Court Records October 12-13, Williamsburg

12 For those of you new to the subject: A quick look at technology-augmented courtrooms via William & Mary s McGlothlin Courtroom:

13 The McGlothlin Courtroom

14 ourt of Appeals for the 6 th Circuit

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16 Current trends The technologization of America With increasingly serious data security issues including ransomware The move to the cloud With attendant concerns about continuity, security, and professional ethics

17 Current trends The age of apps and portable devices Specialized applications Move to devices of PC-type software such as Trial Director and LexisNexis Digital Library Multiple integrated uses of what used to be single purpose data E.g. Lexis for Microsoft Office

18 Technologies Access to information (data) E-filing and case management Many court and courthouse uses such as getting to the courtroom Including RFID and other technological solutions to guide courthouse visitors

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20 Way-finding and docket info

21 Allen, Indiana

22 Kiosks Allen, Indiana instructions

23 Types of Courtroom Technologies Court record Communications Remote appearances, including interpretation Judge communications with counsel and others Evidence presentation Assistive technology

24 But the infrastructure is most critical! Cabling Switching AUDIO Video Raised floor Millwork And so much more

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26 Court Record Multiple available solutions

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28 Court Record Stenographic court record (including realtime) Voicewriting (including realtime)

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30 Court record Digital audio & digital audio and video Remote transcription Remote multiple transcriptionists

31 Digital video Data transmission and storage can be difficult/costly What resolution is necessary/sufficient? What image do we need 360 degrees? see our program, The Cloud, Virtual Reality, and More, What the Crystal Ball Says for the Future of Court Technology CLCT will be working on this this next few months

32 What should the record be?

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34 Communications Remote deposition objections via personal video Successfully used in the April, 2015 CLCT Laboratory Trial via Avaya s Scopia.

35 Communications Remote motion practice

36 Courtcall First telephone based remote motion practice Now video also available

37 Remote Motion Practice Courtcall has provided courts with telephonebased audio motion appearances. In 2010, alone, Judges helped lawyers to skip over 1,000,000 trips to and from Courts in State, Federal and Bankruptcy Courts in both the largest and smallest Courts one can imagine... said Bob Alvarado, CourtCall s CEO. That conservatively converts to over $150,000 in attorney time savings and the elimination of tons of CO2, observed Mark S. Wapnick, CourtCall s President. Courtcall web site

38 Lawyer-judge communication at trial Evidentiary objections via texting Copy necessary for the court record

39 Remote trial participation

40 Remote Immigration Court hearings

41 First remote juror

42 Video conferencing Available as Point to point One to many The merger of videoconferencing with computer audio and video The era of Skype, FaceTime, and more professional products such as Cisco Jabber Guest and Avaya Scopia

43 Remote interpretation A number of projects now operating Cisco and the 9 th Circuit, Florida

44 9 th Judicial Circuit of Florida (Orlando)

45 Technological Limits Much of the federal government still uses ISDN videoconferencing and can t (easily?) connect with IP units given the decrease in ISDN/IP bridges

46 Communications Virtual meetings (including virtual reality)

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48 Remote Appearance Questions How much human presence do you need for an activity? For its very nature For side activities Legal constraints Cultural constraints General culture Legal/court culture

49 Evidence presentation From document cameras

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51 Evidence presentation To devices and apps And, maybe, high tech courtrooms in a box.

52 The continuing cultural change Video everywhere If a cellphone doesn t record it, did it happen?

53 Body cams The effect of Ferguson

54 Time, September 21, 2015 at 72.

55 Whatever happened to Google Glass Clive Thompson, Googling Yourself Takes on a Whole New Meaning, N.Y. Times, August 30, 2013

56 For counsel notes at 2015 Lab Trial

57 Drones SYMA Quad copter with camera - $34.99 at Amazon DJI Phantom 3 Professional Drone with 4K UHD Video Camera $1, at Amazon

58 Evidence presentation Traditionally the visual display of information/evidence at trial Document cameras Computer visual data displayed on TV s large screens, and/or monitors Now increasingly smart devices and/or new forms of evidence

59 Apps for display Consider using apps never intended for court/legal purposes 2015 CLCT Lab Trial use of K-12 classroom software

60 3D evidence? We showed it in 2013 Moving rapidly to holographic evidence (sued by CLCT years ago) OR immersive virtual reality Admissible?

61 Tablets and other devices For judges, lawyers, and jurors?????

62 2012 ABA Tech Survey In 2011, 15% of attorneys reported using a tablet device for law-related tasks, and 13% of that 15% were ipad users. In 2012, this number more than doubled. 33% of all attorneys now report using a tablet device for law-related tasks. 91% of that 33% are using an ipad, so that means that about 30% of all attorneys now use an ipad. (For the 3% of attorneys who use a non-ipad tablet device, virtually all of them report using an Android device.)

63 See, e.g. Top ipad Apps for Lawyers (2013) solo/2013/march_april/top_ipad_apps_for_la wyers.html

64 Tablets for evidence presentation

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66 For evidence presentation Place the tablet under a document camera. Awkward with significant glare possibilities, but it can work. Connect it to the distribution network. But how and with what consequences? ipad s are problematic

67 For jurors Now in successful use in the United States District Court in Philadelphia Tested in the April, 2015 CLCT Laboratory Trial

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70 New ways to show device output Many devices connect to a device that outputs video (Extron) Projector that permits 4 devices to connect (WolfVision) Other companies and other methods

71 Assistive Technology Note that the ADA applies to state courts; the Rehabilitation Act applies to federal courts. Is your website accessible? Do you have sign language interpreters available? Do you seat jurors with disabilities?

72 unication

73 Wheelchair lift

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77 Constrained vision Including macular degeneration

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79 Keyboards with larger letters, numbers, etc

80 Remote sign language

81 Lawyer cooperation?

82 The Critical Ethics Issue A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. ABA Model Rule 1.1 Competence

83 Ethics change ABA amendment New comment 8 To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.

84 Will lawyers adjust????? Will all of our valued court staff?

85 Visit us in Williamsburg