Washington Lawyer - November/December 2024 - 13

FEATURE
allow self-represented litigants to engage in the justice system and
be treated fairly.
Technology was a significant part of how courts managed the disruptions
during the pandemic, and it remains an important tool for improving
accessibility. Resolutions by the CCJ in recent years have supported
the establishment of clear policies for virtual proceedings, efforts to improve
appearance rates in court, and innovative strategies to address
high-volume dockets. As CCJ president, Blackburne-Rigsby also cochaired
a nationwide AI rapid response team.
" We have to be very careful and understand what pitfalls exist and what
guardrails are needed, but very soon the question won't be how [can]
you think of using AI in the courts; it will be, why aren't the courts using
AI to improve? " Blackburne-Rigsby says.
The District's courts have already begun leveraging technology to improve
access, continuing the use of virtual proceedings post-pandemic
under the Reimagining the Courts plan, producing a virtual tour of the
court campus, and permitting the live streaming of most Superior Court
hearings and appellate arguments in some Court of Appeals cases.
The D.C. Courts' Civil Legal Regulatory Reform Task Force has also spent
the past year investigating whether it would be sensible to permit nonlawyers
with sufficient qualifications and training to provide certain kinds
of legal help in civil cases where important interests are implicated. A report
by the task force is expected in January 2025, drawing upon broad
input from the legal community and relevant stakeholders.
Alongside these efforts is progress toward simplifying forms and processes,
but the crisis of representation in the civil court system is a complicated
one that requires a multifaceted approach.
" The solution isn't always as simple as streamlining processes; sometimes
new or additional processes may be needed to safeguard parties' rights
and ensure access to justice, " says Blackburne-Rigsby. " Courts solve problems,
and we have to be continuously engaged with the community we
serve so that our ears are attuned to what their needs are. "
Sandman agrees on the need for several concurrent efforts to address
the crisis in legal representation. Technology, including artificial intelligence,
offers opportunities to bridge the representation gap, Sandman
says, as do programs that authorize paraprofessionals and community
justice workers to represent clients in certain matters.
" I wouldn't rely on any one of these components alone to solve the
problem, " he says. " You need to put everything together - more funding
for legal aid lawyers, more pro bono help, simplified court processes,
regulatory reform, and helpful technology. Together, holistically, they can
create the legal system that people deserve. "
Reach D.C. Bar staff writer Jeremy Conrad at jconrad@dcbar.org. Don Allen
Resnikoff of the Law Offices of Don Resnikoff contributed to this article.
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Washington Lawyer - November/December 2024

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