2 The Data Revolution in Justice 21

# **2.B Measurement, Diagnostics and Experimentation**

In this section, we present an initial framework to make better use of judicial data. Justice systems should start by measuring indicators of performance, quality, integrity and accessibility of justice. These measurements can also be used to improve the deployment of resources, and therefore enhance efficiency and reduce the backlog of cases. Courts should then provide diagnostics on those areas that are most valuable to their service. For example, databases can be used to identify the main causes for adjournments, understand what the barriers to justice are, or evaluate which cases would benefit the most from mediation. Finally, researchers and policy makers should take advantage of data systems to rigorously evaluate the impact of justice reforms. The random assignment of cases to judges behaves as an exogeneous shock that allows to evaluate the impact of judicial performance on the well-being of citizens and firms. By keeping track of innovations in the judiciary and experimenting with potential solutions, data systems generate the opportunity to understand the impact of reforms on people’s lives and the prosperity of nations.

## **Measurement and Diagnostics**

Despite the growing availability of case-level data, most courts around the world are underutilizing the opportunities created by these databases. Many courts are not even producing performance or management reports that summarize key variables, such as the number of incoming cases, time to disposition, and case clearance rate. Correspondingly, most courts allocate resources without taking into account important efficiency measures that may be gleaned from stronger empirical data, for example by evaluating the backlog or productivity of specific courts. As data systems become available and more courts decide to catalogue data systematically, greater opportunities to evaluate a court’s efficiency will arise.

The very basic usage of case management systems consists in measuring what happens in courts. To begin with, judiciaries could create indicators that evaluate the efficiency, access, quality and integrity of each court. A full list of indicators is available at “Court Performance Around the World: A Comparative Perspective,” which includes, among others, the following variables: number of cases filed, disposed and pending; clearance rate and congestion rate; average duration of a case; and number of judges per habitant across regions (Dakolias, 1999). Court-user surveys help create indicators of quality, integrity and public trust in the judiciary. Databases can also be used to diagnose the main issues and problems the judiciary faces. Many courts in developing countries are worried about their large backlog of cases, which limits citizens’ access to justice and erodes their trust in formal institutions. Databases can be used to identify the main causes of delay and adjournments in legal cases.

Similar diagnostics can be used to evaluate an array of outcomes that a judiciary cares about, such as who uses formal institutions and how they make use of them, the level of user satisfaction via court-user surveys, which legal needs in a region remain unfulfilled, the main barriers to accessing justice and how to address them. Apart from diagnosing problems, data systems should also be used to coordinate and deploy resources in an efficient and effective manner. For example, the assignment of cases to judges can be automated so that they take into account the workload and backlog of cases for each judge, but also to ensure the random assignment of cases to judges. Databases can also be used to evaluate the capacity of judges and mediators. Then governments can train or incentivize those who are less capable or less willing to improve performance. Finally, databases could be used to determine which courts and cases may benefit more from ADR. Advanced systems can detect which cases are more likely to be successfully resolved through mediation and automatize the redirection of these cases to mediation.