Out of the closet ... Vic Supremes showing its face to the world ... NSW CJ skeptical about social media ... The rule-of-law - how to spread the message ... Alix Piatek reports
Redmond Barry: free wifi in his courtTHE late Redmond Barry wouldn't have a clue what Marilyn (Earl) Warren was talking about.
The lecture in Redmond's honour delivered a fortnight ago by Vic's CJ was a trumpet call to the future: a paperless court by 2016 - no more folders, no more trolleys; direct communication with the outside world through court sponsored blogs, Twitter and Facebook; an interactive website where the great unwashed can participate in forums, leave comments, download judgment summaries and watch the court in action by video on demand; a regular retired judge blogger; a LinkedIn account; and free wifi throughout the court.
Modern as tomorrow. It's all about engagement, open justice and allowing the court to respond to criticism from crazed shock-jocks and idiotic newspaper columnists.
Already the Supreme Court Twitter account has around 2,500 followers, with links to live action in the court, amendments to legislation, interviews with judges, and audio of sentencing decisions.
For reporters it's a useful Twitter account to follow.
Warren says she is ready for the online trolls, "either we do this openly or not at all - we just have to see how it goes".
The Facebook page is up-and-running - with more to come.
At least Vic Supremes has a "vision" of where things are now and will be tomorrow.
Marilyn Warren: prepared for the trolls
Now go back to Redmond Barry's era and you get a rough idea of where you'll find the NSW Supreme Court - technologically speaking.
No Titter, Facebook, blogging judges or free wifi.
Bathurst CJ is hardly a leader in the field of technology. Here he is at the 2012 Law Term Dinner:
"I do not Tweet, blog, krump or LOL ..."
He went on to say:
"Community trust in the criminal justice system is eroding. Much of this distrust is fuelled by misinformation that is propagated by sections of the media who prefer to inflame rather than inform, and by politics that encourages fear mongering rather than educated debate."
However, he doesn't think social media is necessarily the answer as a communication tool for courts.
Instead, he is looking to more of the same: judicial participation in debates about crime and sentencing; "transparent dissemination of information" by government; and "plain and accessible" language by sentencing judges.
Bathurst: End of civilisation
At the end of 2012 he gave another speech, Social Media: The End of Civilisation.
It was an interesting assessment of the social media landscape and its impact on democracy and the rule of law.
"Right now, Facebook is less than 10 years old. Google is 14 and Wikipedia 11. YouTube is only seven, and Twitter just six. These services are so new that the court's word processing software thinks their names are typos ..."
His conclusion was that while social media is undeniably changing the world, "it is, on the whole, on a more modest scale than many seem to think".
Bathurst said he conducted a small experiment on Wikipedia about the way interactivity works:
"I decided to anonymously edit my own Wiki to see how long it would take to be corrected. Well, I say 'I edited' really I conscripted a Gen-Y co-conspirator to edit on my behalf. Under 'personal life', my Wiki read: 'His personal interests are described as rugby, tennis, opera and travel.'
My co-conspirator added: 'He is also an avid bungy jumper and hip hop enthusiast.'
And then I waited.
It took just four hours for this anomaly to be picked up by a Wikipedia user and deleted.
While this makes my point, I must admit I find it hard not to take personally the idea of me bungy jumping or listening to hip hop is so blatantly ridiculous that it was dismissed by a complete stranger without second thought."
For him there is a concern about the way social media is threatening property rights.
"Two issues bound up with file sharing do challenge fundamental aspects of the rule of law. These are: widespread disregard for the law and barriers to enforcement ...
Although file sharing will not spell the end of civilization on its own, it reveals the vulnerability we open our civilization to by integrating social media into our lives before the rule of law has been integrated into it."
We asked the NSW Supremes for its latest position on the implementation of digital opportunities. We were knocked out to get this exciting response:
"In response to your questions last week regarding social media, online judgments are presently posted on the internet and the court is giving further consideration as to whether it is appropriate to open a Twitter account."
Resources
Chief Justice Marilyn Warren's Redmond Barry lecture
Chief Justice Tom Bathurst on Social Media: The End of Civilisation?
Chief Justice Tom Bathurst 2012 Law Term Dinner
Reporter: Alix Piatek