In the course of its rule of law (ROL) work, USAID’s Democracy, Rights and Governance (DRG) officers often receive requests from cooperating country governments and judicial officials that USAID provide financial and technical support in automating their courts. This is not surprising, since many ministers of justice, chief justices, and court presidents from developing democracies have been exposed to modern, automated case management systems when they have visited courts in North America or Europe. Moreover, in a sector where assistance is not always very tangible (consisting of training or expert advice) and the results (better justice delivery) are difficult to measure, automation assistance can be tantalizingly concrete (e.g., delivery of ICT hardware) and measurable (e.g., improved case processing times or reductions in case backlogs). So, the allure is strong, for both the providers and recipients of assistance. As such, over the last decade, USAID has supported numerous court automation projects in a broad array of countries, touching every geographic sector where USAID works – E&E, LAC, MENA, Africa, and Asia.

Court automation projects, however, also carry significant risks and potential downsides. Most obviously, automation can be expensive, requiring a significant allocation of USAID and host country resources. Automation, moreover, begs the important question of sustainability: will the host country be able to maintain the automated system once USAID or other donor support ends? The risk that a short term “win” on delivery of an automated system will result in a wasted investment over time is very real. As in other areas of development, the key to mitigating that risk is careful advanced planning based on an in-depth assessment of needs, capacity, and commitment. This manual is intended to provide USAID staff with the information and guidance to enable them to ask the right questions when deciding whether to support such projects. It is also intended to provide them with best practices drawn from prior experience in the design and implementation of court automation projects, to ensure that they provide the expected benefits to court managers and users. But court automation is not a one-size fits all undertaking. Any USAID mission that decides to support a court automation initiative should do so fully informed by both international and local expertise. This manual is not a substitute for the targeted, expert assessment and implementation assistance necessary to the success of any court automation project.

This guidance manual is based on reviews of reports, evaluations and assessments from numerous USAID projects from around the globe, as well as key informant interviews with DRG officers, chiefs of parties, court administrators, and others who have previously implemented or are currently implementing court automation projects. It has also been informed by the authors’ own experiences in designing, implementing, and managing multiple automation projects. The structure of this manual mirrors the three key steps USAID staff should take to during successful court automation programming: first, understanding how to assess the need or opportunity and/or a request from a host government for automation assistance; second, asking the crucial questions, obtaining the necessary information, and reviewing the important considerations required to create an effective court automation project design that maximizes the prospect of success; and third, identifying the key issues and concerns likely to arise during implementation.