Courts as Data Guardians for the Public Good

Abstract

In an increasingly digital world, where data-driven decision making and technology-enhanced workflows are the norm, civil courts lag behind. Despite the rise in electronic filing, many civil court records remain inaccessible and unused by court administrators and other government actors. Meanwhile, for-profit companies increasingly compile court records into massive datasets that facilitate sophisticated legal analytics. This discrepancy between public and private approaches results in unfulfilled potential for court records to inform court operations, procedural rule making, and substantive policy. This article argues for a future in which courts address these failures and take on the role of data guardians for the public good.