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.
Michigan Cybercourt has a website, which was not linked from the slashdot story.
The page can be accessed at: here
and for all of you copy 'n pasters: http://www.michigancybercourt.net/
...that lawyers can now submit their briefs in their briefs? ;-)
Actually a good idea - the article states that it's for business disputes and does not involve a jury. In the past year Slashdot's been filled with articles on the clash between the legal world and the technological world. In all too many cases, by the time the legal system has rendered a verdict, and it's been delayed, and appealed, (and delayed some more, and appealed, and ...), the whole case has become moot (DOJ vs. M$, [RI|MP]AA vs progress, patent disputes, etc.). This could be the beginning of speeding up the courts and bringing them into the 21st century (or at least the 20th century).
[Insert pithy quote here]
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.
The court won't have a jury and will handle only business disputes involving at least $25,000. Cases could be removed to the circuit court, and decisions could be appealed to the state Court of Appeals.
In other words, it is for business litigation only, and if any party doesn't want to use the cyber court they can file a motion and move to a regular court.
This seems similar to small claims court....special rules to make things easy in a narrow but common set of circumstances. And if one party isn't satisfied with the way the special court works, they can move to a regular court.