Using Online Courses in Judicial Education

1. Using Online Courses in Judicial Education IOJT Sydney, October, 2009 www.nji-inm.ca

2. Session Presenters Susan Lightstone Education Director, National Judicial Institute, Canada, slightstone@judicom.ca Judge Thomas Crabtree Provincial Court of British Columbia, Canada, tcrabtree@provincialcourt.bc.ca Richard Moss Director, Institute for Judicial Studies, New Zealand, richard.moss@justice.govt.nz Mauricio Duce Associate Director, Justice Studies Center of the Americas, Chile, mauricio.duce@cejamericas.org Benjamin Gianni (via Web Ex) Coordinator of Computer-Based Education, National Judicial Institute, Canada, bgianni@judicom.gc.ca

3. Workshop Objectives Introduce the National Judicial Institute (NJI) and the Justice Studies Center of the Americas (CEJA) Discuss the use of online courses for the purposes of educating judges Describe how online courses fit into the larger curriculum Discuss structure of courses Show examples Discuss the advantages and challenges of online learning Compare and contrast approaches -- tailoring course structure to learners, subject and budget Discuss best practices; lessons learned

4. Judicial Education in Canada Entirely voluntary No formal career or educational path to becoming a judge Appointments are for life No special courses required to maintain one’s status as a judge, but… Most courts encourage their judges to devote at least ten days per year to education All education must respect the principle of judicial independence

5. The National Judicial Institute (NJI) Primary provider of judicial education in Canada Serves 2000 judges with varying skill levels across 10 provinces, 3 territories and close to 40 separate courts - with different computer systems and varying levels of support and training. Founded in 1988 Primarily funded by governments - federal and provincial Staff of 53 and hundreds of judicial volunteers, including 12 Judicial Associates Programming divided between National and Court-Based programming National programming is open to judges across courts Court-based programming is staged for and by judges of a specific court (or group of courts)

6. Online Courses at the NJI Introduced into the curriculum in 1999 Principle of complementarity not substitution In addition to, not in place of in-person courses Goal is to broaden (not limit) opportunities for learning 4 to 5 online courses offered each year Less than 10% of the roughly 80 in-person courses we stage each year Part of a larger suite of electronic resources and initiatives. Judicial Library, Electronic Bench Books, e-Letters, electronic tools. NJI courses provided only to judges (no court staff, lawyers, etc.) Affects the approach that we take Mauricio Duce will describe the approach taken for a different group of learners Carrots but not sticks As with all NJI courses: not mandatory, no requirements, fees, grades, degrees, etc.

7. How does the NJI structure online courses? Often adapted from materials developed for in-person courses Keeps development costs low Makes course available to a greater number of judges (i.e., not just those who can attend in-person courses) Same faculty often involved in both (less preparation time for faculty) Tailored to reflect the unique characteristic of the judge as learner Discussion-based and content lite Designed to allow judges to learn from each other Asynchronous Learners are not required to be online at the same time; learners log in, read and post at their convenience Given time zones and competing commitments, asynchronous model works best Even web-cast sessions within courses are hard to organize across time zones Supports the greatest diversity of judges

8. How does the NJI structure online courses? Instructor-Led Generally involve both an instructor (e.g., law professor) and a “judge-moderator” Delivered through a secure web site Participants log into site with username and password Site is restricted to course participants to protect confidentiality of the discussion Approximately 30 judges participate Normally four to five weeks in duration Fist week: participants familiarize themselves with course site, read summary materials, and introduce themselves using a threaded discussion (“Judges Lounge”) 2nd, 3rd and 4th weeks are dedicated to discussion Final week: instructor posts summary of discussion Discussion normally divided among three sub-topics, each with a discussion room and three or four questions Judge-moderator monitors participation. Prompts “posters” and “lurkers”

9. What do NJI’s online courses look like? Courses include a content summary entitled “The Law Simply Stated.” This is divided into several topic areas that map to discussions.

10. What do NJI’s online courses look like? Content can include videos and other rich media.

11. What do NJI’s online courses look like? Courses include a series of discussion rooms related to the various topics being covered.

12. What do NJI’s online courses look like? Discussion rooms are structured around a series of scenarios and questions.

13. Advantages of Online Courses Levels the playing field by addressing disparities in access to education Geographic disparities (judges who sit in large cities vs. those in rural areas) Disparities in levels of funding for judicial education Differences in case load and staffing across courts Can be done at judge’s convenience Longer duration and written form of discussion allows for more thoughtful consideration of subject matter Gives learners direct and prolonged access to subject-matter experts Generates a body of writing to which learners can return over time Course site remains accessible to participants after course is over Summaries of law prepared for each course are excellent primers Tom Crabtree

14. Advantages of Online Courses Brings together individuals who would not normally be able to attend courses together Judges in different courts within the same state or province Judges in different courts across states and provinces Judges in different courts across countries (international courses) Much less hierarchical than in-person courses Builds community by facilitating meaningful interchange; encourages communities of practice. Permits the exchange of personal and court-developed documents (articles, checklists, directions to litigants, etc.) The exchange of best practices promotes consistent administration of justice. Richard Moss

15. Advantages of Online Courses Increases the spectrum of opportunities to learn/modes of learning Suits certain learners better than others but not either/or Significantly less expensive to mount than in-person courses Significantly easier to stage than in-person courses Susan Lightstone

16. Challenges of Online Courses Suits some topics better than other Focus on discussion better than focus on content Judges often shy about committing themselves in writing in front of their peers While duration of course deepens the learning experience, participation can drop off Participating in a course while juggling other (normal) duties can be challenging Especially challenging for NJI’s online courses, in which participation is entirely voluntary In our experience, judges are generally less familiar and comfortable with technology than other groups Tom Crabtree

17. Summary/Lessons Learned All online courses are not created equal Synchronous vs. asynchronous Content-based vs. discussion-focused Self-taught vs. instructor-led Mandatory vs. voluntary Courses done in addition to other duties vs. courses for which learners are given release time Approach taken will depend on topic, learners and terms of reference Compare and contrast approaches and experiences of NJI and CEJA Approach taken will affect the cost, development time, and difficulty of mounting the course Online courses should be in addition to, not in place, of face-to-face courses Online courses should be part of a suite of electronic initiatives and resources made available to learners -- in support of just-in-time learning