USAID CBJ FY 2002: Caribbean Regional

Summary: Caribbean courts are hampered by significant delays and backlogs in civil cases (estimated to average five years) and, to a somewhat lesser degree, in criminal cases. The backlogs are due to excessive adjournments, inefficient case-flow management, antiquated court reporting techniques, limited access to judicial information by magistrates and lawyers, inadequate training of court administrators and other professional staff, and region-wide under utilization of court-sanctioned alternative dispute resolution mechanisms.

Over the life of the strategy period, USAID proposes to improve the efficiency of Caribbean courts, especially the Organization of Eastern Caribbean States (OECS) Supreme Court system which includes six national high courts and a court of appeal. This will be achieved by: 1) improving the operating environment and efficiency of the OECS courts and registries through computerization and streamlined case-flow management; 2) promoting, through training and technical assistance, a fuller use of alternative dispute resolution methods as an alternative to going to court; 3) insuring that court proceedings are recorded by trained professional reporters using automated means; and 4) providing judicial and administrative training for judges and judicial staff. In addition, USAID will provide technical assistance on the establishment of a new Caribbean Court of Justice (to replace the Privy Council as the highest court of appeal), and assistance in modernizing the court registries in at least four Resident Magistrates Courts in Jamaica. The beneficiaries of more efficient and fair legal systems in the Caribbean are many and varied, ranging from judges, lawyers and other members of the legal profession to private entrepreneurs, investors and members of the wider public.

Key Results: Over the past year, the transition was made from design to procurement, which led to the implementation of some of the planned activities. A clearer understanding was also reached with key partners and other donors on the number and importance of crosscutting activities in the achievement of results.

Performance and Prospects: In order to measure the achievement of positive gains in efficiency and fairness of the legal system, it is necessary to reduce the number of backlogged cases and reduce the time required to adjudicate cases. Reliable data is generally lacking, reflecting the administrative limitations of courts and registries. It is currently estimated that approximately 100 civil cases are being settled per annum in each of the six national high courts in the OECS Supreme Court system. As USAID assists courts with referring cases to alternative dispute resolution, reorganizing registries, and streamlining adjudication using modern case management technologies, it is anticipated that by 2003 each OECS high court will resolve 200 cases per year.

While there is no doubt that there are large civil case backlogs in the OECS, it is unclear what the nature of the backlogs are in terms of the types and number of cases; it is possible that some of the cases may not need to go to court. The registrars of each of the high courts in the OECS Court System are currently conducting comprehensive inventories of all backlogged cases in their registry portfolios. This exercise is expected to be concluded in mid-2001. Completion of this exercise will help reduce backlog, improve caseload management, provide baseline data, and solve the problem of a lack of information, which over time has plagued other donors.

After consultations with the U.S. National Center for State Courts, the OECS Supreme Court Chief Justice identified a comprehensive case flow management system that would be suitable for the OECS Supreme Court. This computerized system will allow the court to coordinate the processes and resources for efficient case tracking and enable the timely progression of cases from filing to disposition. USAID has provided technical assistance to assist with the design of a master plan for this system. This master plan acknowledges the revised Supreme Court Civil Procedure Rules, which empower presiding judges to manage court proceedings in a more activist fashion. OECS regional governments purchased the necessary computer hardware and software recommended by the U.S. National Center for State Courts. USAID will provide technical assistance to configure the system to the needs of the courts and sponsor a training program for all system users.

The Caribbean Law Institute, with funding from USAID, is preparing a curriculum for two alternative dispute resolution workshops. The workshops will assist judges and other members of the regional Bar in understanding the newly drafted Rules of the Supreme Court, which place heavy emphasis on the role of mediation in reducing court case backlogs. The first workshop will take place in August 2001.

In OECS beneficiary countries, judges and magistrates currently transcribe all court proceedings manually. In 2001, USAID will initiate a pilot, automated court reporting activity in Dominica. USAID will provide technical assistance and training to Dominica as a prelude to the phased implementation of electronic recording of court proceedings in OECS countries. Assuming that the pilot proves worthy of replication, USAID envisions that by the year 2003, an additional three OECS high courts will be employing modern court reporting, and that the two remaining courts will be using modern reporting techniques by 2004.

To improve the efficiency of the judicial system in Jamaica, two experts from the Federal Judicial College in Reno, Nevada, provided training to 18 Supreme Court judges in judicial writing. The course was conducted at the Justice Training Institute with support from USAID.

In 2001, USAID will work with the University of the West Indies (UWI) to enlarge its West Indian Case-Law Database and establish a user-friendly regional case reporting system. The new system will enable judges and lawyers to have ready access to cases, many of which are valuable as precedents. USAID anticipates that the existing database of 10,000 legal decisions at the UWI in Barbados will be gradually integrated into an automated format over the strategy period. The wider availability of decided cases to the legal profession and litigants will ensure that quality court decisions are expedited, and reduce case backlogs and procedural delays.

Until recently, no judicial and administrative training plan existed in the OECS countries. In 2000, USAID and the Chief Justice of the OECS Supreme Court developed a training plan for judges, magistrates and professional court administrative staff. In 2000, the New Jersey-based group, Court Management Associates, conducted a workshop for the six OECS court registrars on the new roles and responsibilities implicit in the new Supreme Court rules slated to go into affect in 2001. The course focused on administrative issues such as appellate court improvement, docket management and court governance. Three regional training programs are planned for 2001, four in 2002, and three more in 2003. USAID will work closely with other donors and with the Judicial Education Committee to respond to other training needs.

A judicial symposium on environmental law, to take place in Saint Lucia in April 2001, will focus on the role of the judiciary and national courts in enforcement of and compliance with environmental laws. It will also address measures to strengthen judicial cooperation on environmental law in the Caribbean. USAID will finance the attendance of 10 Caribbean judges and prosecutors at the symposium.

During FY 2001, approximately $1,600,000 will be allocated to improve the case flow management and efficiency of the OECS Supreme Court and Jamaican Resident Magistrates Courts; approximately $375,000 will be allocated to improve access by judges to information and training. During FY 2002, approximately $800,000 will be allocated to improve the case flow management and efficiency in the target countries and $200,000 will be used to support improved access by judges to information and training.

Possible Adjustments to Plans: No adjustments to this plan are expected at this time.

Other Donor Programs: Other donors are also executing programs that aim, either directly or indirectly, to increase the efficiency and fairness of regional justice systems. The Canadian International Development Agency and USAID have agreed to focus funding on different areas of the OECS legal system. Inter-American Development Bank efforts are confined to Jamaica and focus largely on strengthening communities and community policing. The British Department for International Development is primarily interested in constabulary reform and alternatives to sentencing.

Principal Contractors, Grantees, or Agencies: Current and potential U.S. contractors and grantees include Court Management Associates and the Caribbean Law Institute of the United States. Local partners include the Dispute Resolution Foundation of Jamaica, the University of the West Indies, and the Government of Jamaica. International partner organizations include the OECS Secretariat, the Caribbean Law Institute, and the CARICOM Secretariat.

Caribbean Regional Program 538-006

U.S. Financing

(In thousands of dollars)

	Obligations		Expenditures		Unliquidated
Through September 30, 1999	0	DA	0	DA	0	DA
	0	CSD	0	CSD	0	CSD
	0	ESF	0	ESF	0	ESF
	0	SEED	0	SEED	0	SEED
	0	FSA	0	FSA	0	FSA
	0	DFA	0	DFA	0	DFA
Fiscal Year 2000	120	DA	120	DA
	0	CSD	0	CSD
	2,000	ESF	30	ESF
	0	SEED	0	SEED
	0	FSA	0	FSA
	0	DFA	0	DFA
Through September 30, 2000	120	DA	120	DA	0	DA
	0	CSD	0	CSD	0	CSD
	2,000	ESF	30	ESF	1,970	ESF
	0	SEED	0	SEED	0	SEED
	0	FSA	0	FSA	0	FSA
	0	DFA	0	DFA	0	DFA
Prior Year Unobligated Funds*	0	DA
	0	CSD
	0	ESF
	0	SEED
	0	FSA
	0	DFA
Planned Fiscal Year 2001 NOA	0	DA
	0	CSD
	1,975	ESF
	0	SEED
	0	FSA
	0	DFA
Total Planned Fiscal Year 2001	0	DA
	0	CSD
	1,975	ESF
	0	SEED
	0	FSA
	0	DFA
			Future Obligations		Est. Total Cost
Proposed Fiscal Year 2002 NOA	0	DA	0	DA	120	DA
	0	CSD	0	CSD	0	CSD
	1,000	ESF	1,000	ESF	5,975	ESF
	0	SEED	0	SEED	0	SEED
	0	FSA	0	FSA	0	FSA
	0	DFA	0	DFA	0	DFA

Caribbean Regional

Activity Data Sheet

Caribbean Regional Program 538-006

U.S. Financing