RFP to bring courts fully online
A vision to drag Bermuda’s courts system into the 21st century may be finally taking a step in the right direction.
The Government is seeking proposals to fully bring Bermuda’s courts management online ― a completely integrated court information system capable of supporting case initiation, case processing, case management and court operations.
Even before being fully installed as Chief Justice last February, Larry Mussenden had reported in the 2023 Bermuda Judiciary Annual Report: “The court is excited to embark on the procurement of an electronic case management system as alluded to by Chief Justice [Narinder] Hargun last year for all levels of court.
“The Government has accepted the importance of having such a modern system by providing the funding to secure a state-of-the-art system.
“We wish to implement a system that will incorporate electronic filing and payment of fees, provide reports, remove the need for endless paper files and the need for their physical movement, track fines and balances, assist with the management of warrants, and provide efficient support in managing child-support payments.”
Last summer, Mr Justice Mussenden discussed the million dollars set aside by the Government for the project to be up and running by April 1, 2025.
The comprehensive solution should provide reports and information for other government bodies, such as the Bermuda Police Service, the Department of Public Prosecutions and the Transport Control Department.
The court case management system would be used for the scheduling of court hearings and trials throughout the system.
It would also be needed for document management, the recording of pleas, dispositions, sentences and judgments, obligation tracking, warrants and payments.
Mr Justice Mussenden also commented on the matter during a Bermuda Bar Association conference in July; the same event at which Bermuda’s legal profession was told to “get with the programme” and embrace technology.
Sir Geoffrey Vos, Master of the Rolls, the second most senior judge in Britain, told the conference that it was essential for the legal system to adapt to developments quickly for the commercial sector to flourish.
He said that technological changes were coming not in years but months, and were likely to affect the legal environment more than any other sector.
The Bermuda Government notice last week revealed the judiciary’s vision for a single, unitary, end-to-end judicial case management solution for Bermuda’s courts.
A request for proposals to establish such a system came with a submission deadline of February 17.
The RFP said: “We [the courts] envision the implementation of a commercial, off-the-shelf software with necessary customisation that suits the requirements/needs of the courts.”
Officials want an internet/cloud-based, high-security electronic judicial case management system with services extended to the BPS, DPP and TCD.
The executive summary adds: “The ultimately selected system shall enable the courts to maintain a clear picture of its activities on a ‘real-time’ basis.
“The system should be ready to be deployed, tested and proven. The solution must be internet-based and accessible by the courts of Bermuda employees, the legal community and members of the public who appear before the courts without representation.”
The court case management system will be used for the scheduling of court hearings and trials at all levels of the court.
The proponent should have an end-to-end, e-judicial case management application with functionality for:
1, Core case management
2, Document and file management
3, Collaboration and correspondence management
4, Financial tracking and accountability management
The RFP offers terms and conditions to form the basis for commencing negotiations between the Government and the selected proponent, with the final agreement for a five-year contract to be negotiated.
But Sir Geoffrey in his urgent address last summer to the legal fraternity, warned that it was essential for the legal system to adapt to developments quickly for Bermuda’s commercial sector to flourish.
He noted that the massive technological advancements being brought by artificial intelligence will have a profound effect on the practice of law.
Sir Geoffrey said many hoped they could “retire before they have to consider any of this — and the answer is, they can't”.
“You guys, if I may respectfully say so, really need to get with the programme.”
He said: “The changes are global and you will be in the forefront of those changes in a rich country like Bermuda with a fantastically strong professional community. So I don't think there's any doubt that you can lead rather than follow.”
The Cayman Islands’ top judge said last week that an electronic justice revolution was coming to her courts, adding there is now software to alter the voices of witnesses, preserving their anonymity.
Chief Justice Margaret Ramsay-Hale was quoted by the Cayman Compass: “We are now able to do that. The only people who see the witnesses and hear the actual voice is the jury.”
She said there was a major shift towards courtroom automation, including the recording of courtroom proceedings through a digital recording system.
Speaking as the judiciary and the legal profession marked the start of a new court year at the Grand Court in George Town, the Chief Justice said that a new website was being relaunched and together with other measures it would make the judicial system more efficient.
A pilot scheme to digitally record and simultaneously transcribe proceedings for the last year, was enabled by artificial intelligence, and could soon be expanded beyond the first two courts in which it was trialled, she said.
The article in the Cayman Compass, written by Raymond Hainey, a former assistant news editor of The Royal Gazette, said an electronic justice revolution was planned for the courts in the Caribbean island.
The Chief Justice, the article said, is moving towards more automation for the court buildings, using technology effectively to improve court processes and improve delivery of services to court users.
An electronic sign-in system for the main court building in George Town replaced a book sign-in as a risk mitigation feature, identifying those present in the building in the event of an emergency.
Two more electronic payment machines will be added to the one in the main building, allowing people to pay parking fines and make other payments faster.
Jurors are now selected electronically rather than wading through a hard copy of the electoral register, which would also avoid recalling people who had been excused for a period after previous service.
Cayman is updating the courts’ website to make features and services reliable, while also enhancing accessibility, performance and long-term sustainability.