US Supreme Court enters 21st Century, takes a technological step forward

This file photo taken on June 15, 2017 shows a police officer standing guard on the steps of the US Supreme Court in Washington, DC. (AFP / JIM WATSON)
Updated 10 November 2017
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US Supreme Court enters 21st Century, takes a technological step forward

WASHINGTON: Surely but slowly, the Supreme Court is entering the 21st century. The court is making new legal filings available online starting Monday, years behind the rest of the federal court system.
Can livestreamed audio of arguments and even televised sessions be far behind? Yes, they can.
But advocates of court openness will take what they can get for now, especially because the Supreme Court will not charge for documents. The federal courts’ PACER system does charge fees.
“Though the Supreme Court has moved glacially to join the rest of the judiciary in permitting online filing, that’s better than not at all, and the institution should be commended for creating an e-filing system that, unlike PACER, will be free and easily accessible to the public,” said Gabe Roth, executive director of Fix the Court.
Over the years, the justices have at times shown a glancing familiarity with technology. Some carry computer tablets with high court briefs loaded on them. But notes between justices are routinely sent on paper, definitely not by email.
Chief Justice John Roberts himself noted a few years back that the court stuck with pneumatic tubes to transmit newly released opinions from the courtroom to reporters waiting one floor below until 1971, long after their heyday.
Roberts said that it’s appropriate for courts “to be late to the harvest of American ingenuity” because their primary role is to resolve disputes fairly.
Many Supreme Court legal briefs already are available online and for free from several sources. Scotusblog.com obtains and posts many of them, along with opinions. The Justice Department has an easily accessible archive of its extensive high court filings on its website, and the American Bar Association posts briefs in the 70 to 80 cases the court agrees to hear each term.
But the public may not know to look elsewhere. When the justices issued their highly anticipated decision upholding President Barack Obama’s health care overhaul in 2012, the court’s website was overwhelmed.
It, too, has recently been overhauled to make it friendlier to the public.
The Supreme Court updates come amid criticism of the PACER system as outmoded and unfair. “The PACER system used by the lower federal courts is hopelessly outdated and cumbersome. And, to add insult to injury, the PACER system charges people fees to access court records that should be made freely available,” said Deepak Gupta, the lead attorney in a class-action lawsuit challenging PACER fees.
The judiciary says the fees provide the only money to pay for the system.
The cost to users was just one among several reasons the court opted not to join the PACER system, court spokeswoman Kathy Arberg said.
“The court elected to design its system in-house so that it would have the capability to customize and continuously update to meet the distinctive needs of the court and counsel,” Arberg said.
Until now, lawyers have not been required to submit their filings to the court electronically. Beginning Monday, those documents should appear quickly on the court’s website. People who can’t afford to pay court costs will be allowed to file paper copies, which Supreme Court employees will scan and post online.
Not everything is changing. Lawyers still will be required to submit up to 40 paper copies of every brief, and the court’s color-coding system to distinguish types of briefs also will remain.
There’s no timetable for electronic filings to supplant paper as the official court record.
And there’s also no expectation that the justices will drop their prohibition on cameras in the courtroom anytime soon.
Justice Sonia Sotomayor, who once sounded open to cameras, recently told a New York audience that cameras might detract from the robust exchanges during arguments.
The Supreme Court also refuses to livestream audio of its arguments, even as the federal appeals court just down Capitol Hill recently has allowed live audio access to its hearings. The high court posts transcripts within hours of arguments, but doesn’t release the audio for days.


MILF chief makes historic visit to Philippines military camp

Updated 19 November 2018
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MILF chief makes historic visit to Philippines military camp

MANILA: Moro Islamic Liberation Front (MILF) Chairman Al Hajj Murad Ebrahim, as a Muslim rebel, once envisioned destroying military camps in the Philippines. 

But on Monday, for the first time ever, he visited Camp Gen. Emilio Aguinaldo — the Armed Forces of the Philippines (AFP) main camp — where he was even accorded military honors. 

MILF is the Philippines’ Muslim rebel group which, for more than 40 years, has sought autonomy for the Moro people in Mindanao.

“More than four decades ago, I walked out of a university without completing my engineering degree. Many of my Bangsamoro colleagues, I know, did the same. Since then, I have avoided military installations and camps,” Ebrahim told reporters after his meeting with AFP Chief of Staff Gen. Carlito Galvez Jr.

“And to be very candid, during those years of war, I have thought only of destroying or neutralizing military camps and I never imagined during those dark days that I would one day step inside a military camp and be feted with this exceptional honor by what used to be our adversary,” Ebrahim added.

As he sat with Galvez during the press briefing, Murad said he “cannot fully express in words” his gratitude for the privilege of being honored at the headquarters of the AFP.

“I came, I saw, I found friends, and I made peace!” said the MILF chair, adding: “I am truly honored to join our partners in peace, from the highest leadership of the Armed Forces of the Philippines, down to the lowest-ranking element of this institution.”

Murad said his trip to the AFP main camp was to reciprocate the visit of Galvez, who also made a historic visit to the MILF’s Camp Darapanan in Sultan Kudarat in October.

“This visit is a concrete manifestation not only of the solid partnership of our institutions, but a testament of an enduring personal friendship built upon the solid foundation of our mutual commitment to work for peace and see through the dawn of a new day — not just for the Bangsamoro but for this country as well,” Murad said.

The MILF chair said that at the age of 19 in 1969, he left the university to join the Moro struggle in the southern Philippines. 

“This happened during the time when there was a series of massacres. We felt there was already a genocidal campaign against the Moro people so we were forced to organize ourselves to defend. Generally it’s a defense,” he said.

The situation, he said, worsened in 1972 when martial law was declared by the late strongman Ferdinand Marcos. 

“The atrocities of the government security forces have worsened. Many Moro people have died so we have to organize already not only a defense but a liberation organization, which is the birth of the Moro National Liberation Front (MNLF),” said Murad. The MILF would later become a faction of the MNLF.

He pointed out, though, that their policy from the beginning was that they “have never considered the AFP or any soldier of the Republic as (their) enemy.”

“What we have always considered as the enemy is oppression and injustice. This is the teaching of Islam and this is what we have always adhered to in the Code of Conduct of the Bangsamoro Islamic Armed Forces (BIAF). In the pursuit, however, of our struggle for the right to self-determination of our people, we then saw the AFP as the instrument of the injustices committed against our people such as the loss of our homeland, discrimination and prejudices, and massacres, as well as the denial of our freedom to practice our religion,” Murad said.

But over the years, he stressed, they have also seen the gradual transformation of the AFP, which he now calls their “partners in peace.”

Galvez, for his part, said the reciprocal visit of Murad signifies the strong trust and confidence of the MILF leadership in the AFP and the national government, and the same was true of the military’s trust and confidence in the MILF leadership.

He then cited the visit of MILF Vice Chairman Ghazali Jaafar and BIAF Chief of Staff Sammy Al Mansour and colleagues at the Bangsamoro Transition Commission in Camp Aguinaldo to convey their commitment toward the peaceful resolution of all conflict in the Bangsamoro region.

“On Oct. 6, we paid a visit to MILF Camp Darapanan in Sultan Kudarat, and we declared that the war is over between the AFP and the MILF. I was much honored when around 6,000 men and women of the MILF lined up together on the 5 km road from Cotabato City to Simuay to welcome us,” said the AFP chief.

“The visits done by AFP and MILF manifest the strong mutual desire of both parties toward just and lasting peace for the Bangsamoro Region,” Galvez continued.

Murad’s visit to the AFP camp comes two months ahead of the plebiscite for the Bangsamoro Organic Law (BOL), creating the Bangsamoro Autonomous Region (BAR) which will replace the Autonomous Region in Muslim Mindanao. The BAR will enjoy fiscal autonomy and be governed by the Bangsamoro Parliament.

Meanwhile, Organization of Islamic Cooperation (OIC) Secretary-General Dr. Yousef Al Othaimeen has officially affirmed his support of the ongoing peace process in the Southern Philippines.

Murad told Arab News that the OIC secretary-general gave his commitment during a meeting last Nov. 6 at the OIC office in Jeddah.

During the meeting, the two sides reviewed the latest developments in the peace process in the Mindanao and discussed the forthcoming plebiscite, due to be held in January 2019 to ratify the BOL.

Murad said the secretary-general also assured him that he would try to reach out to the member states of the OIC to support the peace process in Mindanao. 

“He knows there will be many challenges, among them the establishment of the (Bangsamoro) government.” 

“He (the secretary-general) also said he will personally visit the Philippines before the plebiscite,” Murad added.

A statement posted in the OIC website said the secretary-general welcomed developments in the peace process in Mindanao and urged all parties to remain fully committed to the process.

“Talks also focused on the visit by the secretary-general to the region and the importance of the Bangsamoro people to unify, consolidate and converge together toward the advancement of the peace process and the final resolution of the situation in Mindanao,” it added.