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documents, and he found it easier to find references from the         [PP49]
transcript or chronology. However, he stresses that it is
indispensable to counsel, to find references when preparing
submissions or when cross-examining.

Extensive use was made in the trial of document imaging of exhibits, with
twelve monitors being used in the courtroom for display purposes: see Chapter
5 for a full description. Most of the time savings in the trial came from this
use of imaging (Tompkins Notes (1993)).

For transcript management, a hybrid database and free-text retrieval program,
Ready for Trial! was used by the judge on a Macintosh. Tompkins J is of the
opinion that a free text retrieval system alone is not enough, and that an
evidence management program 'must also have the capacity efficiently to edit
and manage the evidence in such a way that evidence can also be found by
subject or topic'. In brief, the judge found the program that he used 'has the
capacity to mark and find passages in the evidence by subject, by time or by
evidence'. It is a sophisticated example of the type of hybrid program
described in Chapter 2, making full use of the Macintosh GUI to allow
effective subject indexing and annotation of blocks of transcript text, and a
variety of means of reporting both text blocks and annotations. As noted, such
indexing requires time and effort. Tompkins J, in mid trial, felt that it
'remains to be seen whether it is worth the considerable time I have spent
editing the evidence every night' (up top two hours each evening), but he felt
that it would be: 'At least it gives me the comfortable feeling that I am
keeping on top of this huge volume of evidence.' After the trial, he concluded
that he used the annotated text 'a great deal' in the three weeks during which
he prepared his verdict. He felt that he may have used it more than if the
trial was before a jury, because of the need to explain his findings on
matters of fact. He is now using Ready for Trial! in a two week trial, but
without the need to annotate evidence nightly (Tompkins Notes (1992)).

Tompkins J also used HyperCard on the Macintosh to create his own chronology
of 138 principal events relevant to the matters giving rise to the trial. Much
of this was created from the depositions before the trial started, and new
data and events added as evidence was given. He anticipated that he would make
use of this when working on the decision. He also used a Macintosh outlining
program, Acta, to keep notes, under a series of developing headings and sub-
headings, as the trial progressed. No paper trial notebook was kept; all notes
were entered directly into the computer.

Concerning his use of these last three Macintosh programs, Tompkins J notes:

   When I am in court I normally have open the evidence managing
   programme, one, two or three of the outlines, and the chronology. If I
   am taking a note in an outline, and think an entry should be made in
   the chronology, it is quick and easy to move from one to the other,
   then back to the evidence programme.
   
This illustrates that the most effective use of litigation support in court
will at least require the ease of access to multiple programs which is
provided by graphical user interfaces (GUIs) such as used by the Macintosh or
by DOS/Windows.

Presentation technologies were not used in the case, but the Serious Fraud
Office prepared a set of charts explaining the transactions involved in the
alleged frauds. They were not challenged. Tompkins J considers that it would
have been very difficult for him to understand the transactions without them
(Tompkins Notes (1992)).

                                                                 [PP50]
Canada


Franson considers that the Canadian judiciary is very serious about using
technology (Franson (1993)). The National Judicial Institute has offered since
1989 around six 'Computers for Judges' workshops each year. Level I is an
introduction to computers, and to basic software such as askSam (a free-text
retrieval system that can be used for note taking), Word Perfect, and on-line
searching with QUICKLAW. Level II (three days) includes more detailed use of
DOS, including exchanging data between applications. Level III has been a
Windows based version of the same sort of thing as Level II. The series has
been popular, with substantial numbers of judges involved. Professors Franson
and Riley act as the principal instructors, but a growing cadre of judges is
also involved in teaching. The National Judicial Institute has also offered
workshops on complex trials. The Canadian Judicial Council (a Council of Chief
Justices) has a working committee of eight judges interested in computer use,
the Judges Computer Advisory Committee chaired by the Hon. Ellen I. Picard, QB
Alberta. The Committee publishes a Newsletter, Computer News for Judges.

In Canada Criminal Code prosecutions are the responsibility of provincial
governments, with the federal government prosecuting federal statutes such as
those concerning illicit drugs. From 1988 to 1991 Chief Justice McEachern of
British Columbia, in the first use of computers in a trial in that Province,
used ZyIndex to search through 26,000 pages of evidence and 5,000 pages of
argument outlines in a major native land claims trial (Franson (1993)).
Justice Kerans of the Court of Appeal has experimented with appeal books in a
major matter being submitted in electronic form. Hogarth (1990) also reports
some Canadian developments, including use of computers in court in the Alberta
Court of Appeal to retrieve transcript and appeal documents, transcript
retrieval in complex trials in British Columbia, and plans to build a
'paperless courthouse' in British Columbia.



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