OK: Making a search of online court records an official part of a background check for child care workers

The use of state court case management systems to run do-it-yourself background checks is common. There are a myriad of problems on relying solely on this of course, but the practice is not unheard of. Oklahoma, however, has taken it a step further and mandated these searches using the Oklahoma State Courts Network (OSCN).

Under HB 2643 of 2008, any person making an application to establish or operate a child care facility and their employees must first be run against OSCN, in addition to a national "criminal history records search."

SB 674 of 2011 clarifies the requirements and procedures for obtaining the OSCN and national criminal history records checks for individuals who own, work, live in, or have unsupervised access to children in child care facilities.

The 2011 bill appears likely to pass, having been approved by the Senate on March 10 and the House Human Services Committee on April 12.

Canadian Centre for Court Technology Announces New Director

Via press release, March 31, 2011:  The Board of Directors of the Canadian Centre for Court Technology - Centre canadien de technologie judiciaire (CCCT-CCTJ) today announced the appointment of Patrick Cormier as Chief Executive Officer.


The Co-Chairs of the Board, Ray Bodnarek, Deputy Attorney General of Alberta and Justice Frances Kiteley, Ontario Superior Court of Justice indicated that the members of the Board are delighted that Patrick had agreed to take on the responsibilities of CEO.

The Mandate for the CCCT is:

• to provide leadership, and act as a catalyst to bring together stakeholders in order to create an atmosphere favourable to technological innovation and excellence in our court systems so as to enhance access to justice;
• to support the preparation and promotion of guidelines and best practices needed to achieve interoperability among the various justice information systems;
• to provide the tools and activities needed to exchange information and share knowledge about successful and unsuccessful experiments in fields of justice technology, pertinent to the Canadian context;
• to play an active role in identifying and promoting best practices in relation to court technology and technology-related policies.

Patrick Cormier is a social media, technology and information management expert and president of Government 2.0 Think Tank Inc. His firm provides advice to government Departments and Agencies on how to best advance their information management and web 2.0 agenda. Prior to founding Government 2.0 Think Tank Inc., Mr. Cormier was a military lawyer from the Office of the Judge-Advocate General of the Canadian Forces. He regularly provides social media legal issues sessions to judges across the country under the auspices of the National Judicial Institute.  Patrick is familiar  with the CCCT-CCTJ as a result of his work as Intelleader for the Court Websites Intellaction Working Group which is tasked with preparing vendor-neutral guidelines to promote the modernization of Canadian court web sites.

A bilingual Quebec Bar Member, Patrick graduated from McGill University (common law and civil law programs) and from Collège militaire royal de Saint-Jean in 1992 (B.Sc.).

Initially Patrick will serve on a part-time basis while he continues to operate his firm, Government 2.0 Think Tank Inc.

With the resounding success of the inaugural Forum on Court Technology in September 2010, the Board is looking to Patrick to  further establish CCCT-CCTJ’s presence as the leader in court technology in Canada.

More information on the Canadian Centre for Court Technology - Centre canadien de technologie judiciaire can be found at http://ccct-cctj.ca/

Texas bill would require courts, judicial agencies post "high-value data sets" online

Cross-posted to Gavel to Gavel.

Novelist and attorney George Higgins once quipped that "Data is what distinguishes the dilettante from the artist." Whether true or not, the press for data, especially from courts, is an ongoing saga.

Into this comes Texas' SB 701 of 2011. The bill, as approved on a 31-0 vote of the the Texas Senate last week, would require "state agencies" (which for these purposes include any "board, commission, office, department, or other agency in the...judicial...branch of state government") to post high-value data sets online. Said "high-value data" must:

1. be raw data;
2. in an open standard format that allows the public to search, extract, organize, and analyze the information;
3. accessible from the the agency's Internet website home page under a uniform resource locator suffix "data"; and
4. be not more than two mouse clicks from the agency's Internet website home page

So, what is a "high-value data set"? According to the bill, it includes any information that meets any of the following criteria:

1. can be used to increase state agency accountability and responsiveness
2. improve public knowledge of the agency and its operations
3. further the core mission of the agency
4. create economic opportunity
5. respond to need and demand as identified through public consultation

Explicitly excluded is any information that is confidential or protected from disclosure under state or federal law. But things get even more interesting in the other exceptions. Data need be posted if and only if the "state agency":

1. determines that, using existing resources, the agency can post the data set on the Internet website at no additional cost to the state; or
   
2. enters into a contract advantageous to the state under which the contractor posts the data set on the Internet website at no additional cost to the state; or
3. receives a gift or grant specifically for the purpose of posting one or more of the agency's high-value data sets on the Internet website.

The bill is currently pending in the House but not yet assigned to a committee.

Dirty Consultant Tricks

InfoWorld recently published an excellent article titled - 7 dirty consultant tricks (and how to avoid them).  Unfortunately I have seen every one of these done to courts (from afar) during my more than 20 years here at the NCSC.

Conversely, a comment on the article linked to this posting on "8 Client Types That Are Nothing But a Pain in the A**" that contains some interesting observations from the consultant's viewpoint.

My experience is that if the project is poorly defined and/or they want the consultant to be the project leader are ingredients in the "recipe for disaster".  As an FYI, we try to introduce good project management techniques in our Institute for Court Management class , Managing Technology Projects and Technology Resources that is available "in-person" and online.

Please read and learn.  It will help you and your organization to avoid pain in the future.

"E is Okay"

In a release the National Resource Center for Child Welfare Data and Technology wrote that Electronic Court Orders are allowable under federal guidelines.  The statement begins:

"The electronic exchange of information between courts and child welfare agencies is a powerful tool that can lessen children’s time in foster care and efficiently provide all parties with the information they need to make timely and informed decisions about child safety, permanency and well‐being.  As an increasing number of States move towards using automated information systems and electronic court orders, questions have been raised about whether electronic records are acceptable by Federal reviewers during a title IV‐E regulatory review.  We are happy to announce, Federal policy under title IV‐E of the Social Security Act indicates that “e” for electronic is okay.

Regulations set forth in 45 CFR 1356.71 govern the review process used to determine a State agency’s compliance with title IV‐E eligibility provisions.  As part of the Federal review process, the child’s service records, including all court orders, are examined to establish that the judicial requirements pertaining to title IV‐E are met.  These include judicial determinations relating to “contrary to the welfare” and “reasonable efforts” for children who are judicially removed and “best interest” for children removed through a voluntary placement agreement.  Chapter 3 of the “Title IV‐E Foster Care Eligibility Review Guide” contains relevant guidance about the use of electronic records in the regulatory review.  The guide states the following:

“The State agency may use electronic files to substantiate title IV‐E eligibility. If electronic files are used on site, the State agency should make computers and technical assistance available to the reviewers for viewing the electronic records or obtain hard copies of all the files or portions of the files that contain information relevant to the review. “"

To read the full statement (PDF) click here. 

Desktop Search Engines for the Forgetful

In recent years I have been desperately looking for a search engine that can deal with 20 plus years of electronic files that have built up on my desktop computer.  I’m sure that many of you have large amounts of documents, e-mails, and other files that in the “Age of Google”, should be instantly accessible.  In recent years I have tried several desktop search engines including ones from Microsoft, Google, and the ISYS (many years ago) and Copernic systems.  The only solution that I have found that meets my needs is named X1.  X1 started as the Yahoo search engine that was later developed for the individual desktop computer.  The X1 system has the ability to index both live and archived Microsoft Outlook e-mail as well as multiple versions of word processing documents including Microsoft Word, WordPerfect, and OpenOffice.  And once indexed, I can search the titles and the contents of the documents and files.  And of course I am able to restrict the search by a particular directory or date range.

Finally, I am not alone at the NCSC in using automated search.  We use the Google Search Appliance to index everything available on the Center’s website on multiple systems.  You can try out this search online at the main NCSC website.  The search “box” is located in the upper right corner of the page.

For a list of desktop search engines click here.

Happy searching.

Advice for Keeping Judges (and the rest of us) Safe Online

An interview of Stacia A. Hylton, Director of the U.S. Marshals Service in the March, 2011 edition of the U.S. Federal Court's Third Branch Newsletter contained some advice for judge's online safety.

"The explosion of the use of social media on the Internet has created a number of security challenges for the judiciary. Social media, along with the availability of personal information and public records on the Internet, create an environment of additional security risks. One such risk is the potential for the release of sensitive information. This could be as simple as a family member inadvertently posting information about the family’s home. These items can jeopardize the security of a federal judge.

Public information continues to pose challenges to the court family. For many years, the Marshals Service has advised the people we protect to have unlisted phone numbers and use the courthouse address instead of the home address whenever possible. Technology has provided greater access to information. Through computers, individuals can plug a little information into a public record search engine and receive a lot of information. For that reason, we strongly urge judges and other officials to complete “opt-out” forms for individual information providers. We have coordinated with the Administrative Office so that the opt-out information is available for judges to follow. Judges also need to be very conscious about who they give information to, and even where purchases are made. This is because data aggregators are constantly compiling and selling updated personal information to public record sites, for example, matching credit card numbers with home mailing addresses.

We have also recently begun briefing judicial officers and staff on the risk posed by “geo-tagging” of photographs posted to the Internet. GPS-enabled cameras, as well as iPhones, embed the longitude and latitude of the location a picture was taken. If, for example, a photo of a judge and his or her family is posted on certain Internet sites, someone can grab the geo-tag and identify the location of a private residence.

Just as with e-mail or phone calls, if a judge becomes aware of a threat or inappropriate communication on the Web, he or she should immediately notify the Marshals."

NH: House advances bill to require courts use open source software and open data formats

Often, the judicial branch (not individual courts, but the entire branch) is treated legislatively like a "mere" agency and directed/ordered similarly with respect to state standards and statutes. New Hampshire HB 418 is no exception:

"State agency" means any department, commission, board, institution, bureau, office, or other entity, by whatever name called, including the legislative and judicial branches of state government, established in the state constitution, statutes, or executive orders.

HB 418 would have the judiciary and other "state agencies" use open source software and open data formats for their various systems. Moreover, the legislation requires the adoption of a statewide information policy regarding open government data standards through "consultation" with the executive branch's department of information technology. The department's commissioner would develop a statewide information policy based on principles spelled out in the bill.

Possible separation of powers arguments aside, the declarations made by the "general court" (in New Hampshire, the legislature is officially called the "general court") associated with the bill are notable in their own right as other states administratively, or yes even legislatively, try to grapple with the subject:

I. The general court finds that:

(a) The cost of obtaining software for the state’s computer systems has become a significant expense to the state;

(b) The personnel costs of maintaining the software on the state’s computers has also become a significant expense to the state;

(c) It is necessary for the functioning of the state that computer data owned by the state be permanently available to the state throughout its useful life;

(d) To guarantee the succession and permanence of public data, it is necessary that the state’s accessibility to that data be independent of the goodwill of the state’s computer system suppliers and the conditions imposed by these suppliers;

(e) It is in the public interest to ensure interoperability of computer systems through the use of software and products that promote open, platform-neutral standards;

(f) It is also in the public interest that the state be free, to the greatest extent possible, of conditions imposed by parties outside the state’s control on how, and for how long, the state may use the software it has acquired; and

(g) It is not in the public interest and it is a violation of the fundamental right to privacy for the state to use software that, in addition to its stated function, also transmits data to, or allows control and modification of its systems by, parties outside of the state’s control.

II. The general court further finds that:

(a) The acquisition and widespread deployment of open source software can significantly reduce the state’s costs of obtaining and maintaining software;

(b) Open source software guarantees that its encoding of data is not tied to a single provider;

(c) Open source software enables interoperability through adherence to open, platform-neutral standards;

(d) Open source software contains no restrictions on how, or for how long, it may be used; and

(e) Since open source software fully discloses its internal operations, it can be audited, at any time and by anyone of the state’s choosing, for internal functions that are contrary to the public’s interests and rights.

III. Therefore, it is in the public interest that the state of New Hampshire consider using open source software in its public computing functions.

Online Parking Violation Resolution System and More

Quick notes from news items that appeared this week...

Online Parking Dispute Resolution System

A New York Times article published on March 22, 2011 describes a new system that allows for internet parking ticket rebuttal.  The "online alternative ... allows residents to submit written rebuttals and upload supporting materials, like snapshots of where a missing traffic sign should be, to make their case" for disputing parking tickets.  The system also allows for online payment of fines for red light and bus lane camera violations.

"Split Screen" Trial Coverage from the Press Room

CBS News notes that the US Federal Court in San Franciso is using a three video camera "split screen" for reporters to view the trial from their press room in the courthouse.  The article also notes that Chief Judge Vaughn Walker " ready to make live coverage of the (earlier) same sex marriage trial available in federal courthouses across the country - and to the nation at large that night on YouTube. These plans were scuttled by the U.S. Supreme Court in a ruling that restricted coverage to the inside of the Federal Building."

US Federal Courts Reports on Smart Phones in Courthouses

NetworkWorld.com blogger Michael Cooney posted an interesting article titled "Should smartphones be allowed in the courthouse?" on March 28, 2011.  The article lists both pros and cons for smart phones offered by the US Federal Courts Judicial Conference Committee ( for the full report in PDF click here ).  Some of the "pro" arguments included the fact that attorneys are reliant on the technology and the use of wireless technology by stenographic court reporters.  Some "cons" were disruption by the devices "ringing" even in "silent mode" and juror use.

Chris Crawford

We here at the NCSC were sad to learn of the passing of Chris Crawford this past weekend. Chris was a giant in the court consulting and technology world first as a court manager and later as the President of Justice Served that provided assistance to courts around the world. The photo below was taken at the CTC8 conference in Kansas City, Missouri from the projection of Chris’ face on the big screen during the Super Session presentation. That session was one of the first to include live video conferencing technology. In recent years Chris' support and efforts on behalf of the Forum for the Advancement of Court Technology (FACT) were key in many successful conference presentations and in the overall progress of the organization. Chris was also well known for his annual Top 10 Court Website list. His knowledge and humor will be sorely missed. His obituary with much more on Chris published in the Eureka, California Times-Standard newspaper is available by clicking here.

Chris "on the big screen" at CTC8