Michigan Creates Cybercourt
Boone^ writes: "Michigan's Governor John Engler today signed a bill that would create a virtual state court where lawyers could file briefs and make appearances by teleconference. The state Supreme Court will set the rules in the coming months, and District or circuit court judges will be assigned for 3-year terms. How soon until sufficient AI exists to automate the process, and mobile justice can be handed out Judge Dredd style?" We did a story about this when it was first proposed.
Physical presence is just better for some things.
OK,
- B
http://www.bradheintz.com/
- updated
However, maybe it shouldn't. A judge in these cases is supposed to be able to decide based on the facts alone. I regard the fact that body language and other "lawyerly tricks" can sway any decision as quite unfortunate. I think that if this can eliminate those things its a positive rather than a negative. Obviously real AI is a long long way off, and that is the only thing that could possible replace a human lawyer, much less a judge. Moral programming anyone? No thanks.
The idea of streamlining the legal process sounds nice from an efficiency point of view but misses the purpose of a lot of court procedures. More efficiency doesn't mean people will spend less money getting the courts to resolve their disputes. It means that on the same amount of money, they'll be able to litigate more.
Part of the reason for all the mandatory personal court appearances in the various stages of a lawsuit is to make sure both sides continue to incur legal fees every step of the way. That encourages them to settle their differences and get their cases out of the courts. It actually works fairly well in practice. An awful lot of lawsuits are bogus and the current system is set up to make the litigants ask themselves "is it really worth this hassle and expense?".
If you think we have too many lawsuits now, imagine what it would be like if litigating was easier.