In its final report made public today the Ohio Courts Futures Commission recommended that by 2025 state courts adopt new approaches and expanded functions that depart significantly from current practices.

The 116-page report calls for adopting 63 recommendations aimed at widening public access to the courts, expanding dispute resolution, providing a greater role for jurors, enhancing the qualifications for judges and embracing new technologies.

Chief Justice Thomas Moyer three years ago appointed the 52-member nonpartisan commission of 25 attorneys and judges and 27 non-attorneys. The Chief Justice’s broad mandate was for the commission to assist the courts chart a course for the next 25 years.

"This is a significant document," Moyer said. "It identifies issues and initiatives such as jury reform that can be immediately considered and implemented over the next one to three years. At the same time, it provides for establishing ongoing committees in such areas as technology and judicial qualifications that will allow courts to anticipate new realities that will arise during the next 25 years."

Moyer said he has directed the court administrator to issue an annual report—every May 1—outlining the progress the courts have made toward implementing the recommendations.

"This annual report will provide a systematic accounting to the commission and the public of the steps taken toward adopting the recommendations. I am committed to ensuring that the report serves as a touchstone for future planning, and not relegated to some dusty bookshelf."

Commission Co-chair Susan Lajoie Eagan, executive vice president of The Cleveland Foundation, said the final report adheres to the basic principles of a system that is accessible, effective, efficient, accountable and just.

Eagan said the call for expanded dispute resolution services is one of the key recommendations issued by the commission.

"The commission believes our state courts should provide more mediation and other negotiation services," Eagan said. "With each new case that comes to the courts, trained staff can refer it to the least expensive and most efficient track that is available. In many cases that can mean mediation or another settlement tool rather than the traditional trial."

Co-chair Robert Duncan, a former state and federal judge, said judicial qualifications is another issue that courts will face during the next 25 years.

"Based on the accelerated rate of change that we have and will continue to experience, courts will be asked to settle disputes involving complex technology, shifting family structures and other matters in an increasingly multi-cultural society," Duncan said. "Judges must be prepared to decide these and other complicated matters."

Duncan said the report recommends establishing a judicial qualifications commission to ensure that judges are well qualified. The qualifications commission would set objective minimum standards for those who seek judicial office and determine whether prospective candidates meet the criteria. The commission would also assist the governor in appointing judges to fill in-term vacancies.

Other key recommendations in the report include:

• Expand current days and hours of court operation to include a reasonable range of evening and weekend hours;

• Increase the availability of legal aid attorneys, appointed counsel, pro bono volunteer attorneys and other affordable sources of legal assistance to help low-income families deal with civil (non-criminal) legal problems;

• Simplify court rules and procedures and provide clear plain-language notification letters, instructions and forms to guide citizens through their dealings with the courts;

• Provide state funding for essential court functions to provide equal access to justice and consistent adjudication services statewide;

• Encourage judges and other court staff to speak before local civic and community groups to explain court procedures and "de-mystify" the legal process;

• Work with educators to make more and better classroom materials explaining the legal system available to Ohio students at all grade levels;

• Establish uniform technology standards for Ohio courts, so that all hardware and software used in the judicial system is compatible and can be linked in a statewide information-sharing and communications network;

• Allow courts within each county to organize themselves in new ways that improve efficiency and make flexible use of local judges. (This might include combining current common pleas, municipal and county courts into a single trial court.)

• Replace mayor’s courts with local delivery of services by trained judicial officers at decentralized locations convenient to the public;

• Use expanded source lists so that jury pools are more representative of the community;

• Be more considerate of jurors’ time in scheduling and conducting jury trials, and allow jurors to play a more active role in trials by taking notes, receiving written copies of testimony and instructions and even questioning witnesses under court supervision.

• Reconsider the current prohibition against persons 70 or older running for judicial office.

See: full text of the report