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?