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3.7. The United States


Although it is not possible to survey significant developments in the
multitudinous jurisdictions of the USA, a number of major developments deserve
discussion. The Adminstrative Office of the United States Courts, through its
Office of Automation and Technology (OAT), takes a major role in developing
and disseminating information technology to all Federal Courts. In relation
to State Courts, the National Center for State Courts (NCSC) has a very
significant role in disseminating information about court computerisation, but
not in developing or distributing technologies.


Federal courts - the Administrative Office of the United States Courts


The following description of the Adminstrative Office's activities are taken
largely from notes of discussions with officers of the Office of Automation
and Technology (OAT Notes (1992)), although some of these activities are
mentioned in Birch (1989), Weis and Bermant (1987) and Cotter (1990).


Federal responsibilities in criminal trials


Federal Courts handle only about 5% of all criminal trials, the main exception
being major drug cases (an increasing area). About 20% of Federal Districts
have substantial criminal case loads. There is often some flexibility in
whether offences are prosecuted in State or Federal courts. In complex fraud
matters, it will often depend on whether the (Federal) US Attorney's Office
wishes to prosecute. It is something of a policy question which offences are
prosecuted at Federal level. For virtually all Federal prosecutions, the
Administrative Office provides the Court facilities. If suitable facilities
are not available, it will hire them.

Each Federal Court judge has considerable discretion as to what technologies
are used in his/her Court, partly due to their life appointments. In contrast,
State judges, usually elected for a limited term, are subject to much greater
authority by the State's Chief Judge in such matters. There has also been
considerable funding decentralisation in recent years, with each court now
having more scope in the purchase of PCs, LANs etc, and the allocation of
equipment to staff.


The Judicial Conference - planning and funding


The Judicial Conference of the United States represents all Federal Judges
(Supreme Court, Courts of Appeal, District courts, and the Bankruptcy Court,
but excluding administrative tribunals). The Conference controls the
Administrative Office of the United States Courts and the Federal Judicial
Centre (the principal function of which is judicial training). It is
responsible for the Long Range Plan for Automation in the US Courts, (Long
Range Plan (1992)) and for administration of the Judiciary Automation Fund.
In 1990 Congress created the Judiciary Automation Fund (28 U.S.C. 612),
approving the expenditure of $71.4 million on computerisation of the Federal
Courts, to be spent in accordance with the annual revisions to the Long Range
Plan. The Judicial Conference has a Committee on Automation and Technology
consisting of 14 Judges. The Committee revises annually the Long Range Plan
for Automation in the US Courts, which is then approved by the Executive
Committee of the whole Conference.


The Office of Automation and Technology (OAT)


The Office of Automation and Technology is one of eight Offices in the
Administrative Office. With an overall staff of 230 under Assistant Director
Larry Stoorza, the OAT has six divisions: the Technology
Enhancement Office; divisions for Automated Resources; Systems

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