p. gerald thacker courts consultant 2005 facilities and legal reform projects presentation for the...

Facilities and Legal Reform Projects

Presentation for the

Core Course on Legal and Judicial Reform for World Bank

Staff January 11-14, 2005

.

Gerald Thacker

• Administrative Office, US Courts– Assistant Director for Facilities, Security, and

Administrative Services

• US General Services Administration– Commissioner, Public Buildings Service– Head, Public Buildings Service, Atlanta

Region

Gerald Thacker (cont.)

• Consultant on Judicial support systems, primarily on court facilities program– Architectural firms– US Federal Courts Administrative Office– US State Courts– International Courts

• World Bank– Venezuela, Guatemala, Philippines

• USAID– Montenegro

The US Federal Courts Model

Not a good model for International courts• An adversarial system• Extensive use of juries• US not a unified system• Resource rich• Mature legal and internal governing system • Mature support system • Centrality of courthouses in US towns and cities

Facilities in Legal Reform Projects

• A necessary tool

• Appropriate Facilities are Essential to the Administration of Justice– Impact of Facilities on Efficient, Effective

Judicial Operations– Independent Judiciary

• Judicial Involvement is Essential to Obtaining Appropriate Facilities

Appropriate Facilities Contribute to Judicial Reform Objectives

• Protection of human rights• Foundation of Economic Development• Independence of the judiciary • Timely, consistent, legally-correct resolution of

legal disputes • Reduction of case backlogs • Transparent, open, responsive and accountable

functioning of the courts • Capacity of the judiciary to formulate and

implement changes in court organization, practices and performance over the longer term

Facilities in Legal Reform Projects

• Courtroom– Adequate space for jurors– Adequate space for public observers– Separation of litigants for privacy

• Courthouse– Adequate space for consolidated clerks office– Adequate space for records– Adequate space for evidence storage– Separated circulation patterns– Appropriate environment for automation

Integrated Courthouse Automation

• Current and Future Needs

• Design Implications/Costs and Alternatives

• Courthouse

• Courtroom

Automation in the Courthouse

• Business Processes• Electronic Filing• Case Administration• Recordkeeping• Public Access• Security• Telecommunications• Building Operating/Fire & Life Safety

Automation in the Courtroom

• Presentation of Testimony

• Presentation of Evidence

• Taking the Record

• Access to Ancillary Information

• In-Court Case Administration

• Public Access

• Security

The Smart Courthouse

• Equipment• Communications

– Cabling– Equipment

connections– Outside Access– Control Switching

• Infrastructure– Conduit– Power– Lighting– Sound Reinforcement– Accommodation– Lines of Sight– Flexibility

Facilities in Legal Reform Projects

• Demonstration projects

• Master Plans for System-wide upgrades

• Allocation of resources

• Alternatives

Facilities in Legal Reform Projects

Inevitably controls the project’s critical path

• Long lead time

• Relative expense

Facilities in Legal Reform Projects

• Construction is the last choice

• Not the First

Timeframes

• Up to 2000 M2 : 9 to 14 months– 2 to 3 months to develop scope of work and contract

for design– 3 months to design– 2 months to contract for construction– 6 months to construct

• 10,000 M2 and up: 3 to 5 years – 3 to 6 months to develop scope of work and contract

for design– 6 months to design– 3 months to contract for construction– 24 to 36 months to construct

TYPICAL COURTHOUSE BUILDING PROCESS

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Land AcquisitionOff-Site ConstructionPlanner/Programmer Selection 3 MoPre-Design Phase 3 MoProgramming 4 MoA/E Selection 3 MoSchematic Design 2 MoDesign Development 3 MoConstruction Documents 5 MoBidding/Award 3 MoConstruction 36 MoCommissioning 2 Mo

Timeframes

• Multiple projects can’t always proceed concurrently– Limits of courts– Limits of design and construction community– Availability of construction materials– Weather– Topography

Timeframes

• Successful techniques– Limit major new construction– Design Build– Pattern designs– Multiple construction awards

Facilities in Legal Reform Projects

• Just a tool– IT– Training– Human Resources– Case Management– Court organization/administration– Budgeting and financial management– Facilities

• Supports other project goals—not a project goal itself

• Facilities component should be tied directly to other project goals

Example: Linking Facilities Investments to Reform Goals

PILOT COURTS INITIATIVES: KOTOR AND BERANE

JUDICIAL REFORM GOALSHuman rights X X X X X XEconomic Development X X X XJudicial Independence X X XDispute resolution XReduction of case backlogs X X X X X X XTransparency X X X X XOpenness X X X X X X X XResponsiveness X X X XAccountability X X X XFuture practice/organizationl improvements X X X X X X X X

Facilities in Legal Reform Projects

Pre-Project Program Assessment

• General condition of facilities to support reforms

• Ability of court/government to implement facilities component

• Current resource allocation

• Support for on-going maintenance and operations

Comprehensive Facilities Program

• Functional Assessment/Profile• Design Guide • Document Current Conditions • Long Range Facility Plans• Multi-year Capital Plan (prioritization)• Yearly Revisions to Long Range Facility

Plans and Capital Plan • On-going maintenance and oversight

Design Guide Purpose and Use

• Describes the unique characteristics of courthouses in the Judicial system

• For Judges, court staff, architects, engineers

• Directly applicable for new construction

• Useful for renovations

Design Guide Elements

• Types of spaces• Activities/functions• Typical furniture/sizes• Appropriate office

sizes• Appropriate

adjacencies

• Any requirement different from other government buildings– Lighting/Electrical– Security– Wall/floor

finishes/telecommunications

– Location– Landscaping– Handicapped access– Façade design/appearance– Built-in furniture– Signage– Heating/air conditioning

Design Guide Spaces Described

• Courthouse exterior• Interior spaces

– Main Entrance/Public Lobby

– Courtroom– President Judge’s office– President Judge’s

secretary’s office– Judge’s office– Intake offices

• Civil• Criminal• Executing

• Interior spaces (cont.)– Court Archive– Typists’ office– Accountant office– Special spaces

• Housekeeper's office• Coffee Bar• Conference Room• Server/computer wiring

room• Telephone switching room• Holding cell• Evidence/seized property

room

Long Range Facility Plans for Each Facility

• Document Current conditions

• Identify needed repairs• Determine future

plans/needs

• Create inventory of “projects” – Maintenance

– Repairs

– Alterations

– New facilities

• Estimate costs for each project

Develop a Multi-Year (3-5) Capital Plan

• Prioritize projects• Assign to budget years

– Priorities– Costs– Available funding

• Reorder/revise plan based on– Government action on previous budget year’s

plan– New Information about facility needs

Suggested Criteria for Prioritizing

• Health and safety of employees

• Overall building structural integrity

• Security of employees and judicial process

• Operating efficiencies and economies

• Caseload impacted

Priorities and Relative Importance

ImmediateNeed

Long-termNeed

Maximum

Score

Health & Safety 35 25 35

Building Structure 25 15 25

Security 15 10 15

Operating Efficiencies

15 10 15

Impact on Caseload 10 5 10

Facilities in Legal Reform Projects

• Architecturally attractive

• Prominent siting

• Appropriate indigenous materials

• Durable construction materials

• Interior functionality and flexibility

• Local participation in design

San Luis Indigenous Court

San Jose JP Court

Office Interior Libertidad

Natural Ventilation San Andrus

Some Useful Websites

• Americans with Disabilities Act www.ada.gov

• Serviceability/functionality – International Centre for Facilities

www.icf-cebe.com

• Standards, reference documents, etc.– Whole Building Design Guide www.wbdg.org

Thank you.

Questions?