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Category: Technology in the Courts

  • Embracing the Future of Online Learning

    By Bronson Tucker, Director of Curriculum, Texas Justice Court Training Center

    If your educational agency is like mine, you have worked on developing an online presence for several years, but the educational quality likely has been lagging behind your live offerings. However, the COVID-19 pandemic has provided the silver lining of a “jump-start” for enhancing, or in some cases developing, an online educational program that is sufficient to address the needs and desires of clientele. For a successful online educational program, the three keys to success are Interactivity, Accessibility, and Accountability.

    As I explore these three keys, it may be useful first to identify and describe the delivery methods and software that we have used for online learning in the past, and that we plan to use as we transition into a blended learning environment.

    Pre-Recorded Webinar – This is a recording that has a speaker narrating over a video, most often a PowerPoint presentation.

    Live Webinar– This is a live online class that has a speaker taking written questions from students and answering them, sometimes with an accompanying presentation, polls, etc.

    Module – This is an asynchronous online class that blends several different elements, such as videos, text, images, quizzes, etc.

    “Cohort” Class – This is a blended online class, similar to an online college course, that has some self-paced elements like a module, but also can have synchronous elements like live discussions, or online discussion components. This class has to have a limited number of participants.

    We are affiliated with Texas State University, which gives us access to two pieces of software that are assisting us in creating both modules and cohort classes – Articulate and Canvas. Articulate is the software that we are using to create modules. There are two different templates that are used in Articulate that we have access to – Storyline and Rise. We are mainly using Rise, which is designed to present like a website, as opposed to Storyline, which shows more like a traditional PowerPoint. One significant strength of Storyline is the ability to create lots of branches for multiple options for difficult processes.

    Canvas is the Learning Management System used by Texas State. It allows students to pause progress in a module and resume later, and also allows us to monitor progress, evaluate quiz results, and track completion for compliance with judicial education requirements.

    Interactivity – Engage Your Audience

    The delivery method that my organization had most frequently used for online learning was pre-recorded webinars. Pre-recorded webinars quickly and easily delivered nuggets of procedural information, but can result in the “tree falling in an empty forest” effect. Maintaining student engagement can be very difficult when using a recording of someone talking as PowerPoint advances along. Tools that are used in live seminars such as small group discussions or poll questions range from unwieldy and difficult to impossible.

    To address this, we are phasing out the use of pre-recorded webinars, in favor of the other three delivery methods. Student engagement is easier to achieve in each of those types of courses.

    For live webinars, we are using them for courses that require more Q&A time, and more gray areas to discuss, along with using some guest faculty to allow students to pick the brains of experts in a given field.

    Topics that are more step-by-step procedure-based topics are shifting over to modules since we have found that retention is much better by having knowledge checks and interactivity engaging the audience. Also, the structure of modules allows the student to revisit specific steps as the need arises, such as the filing of an unfamiliar type of case.

    Accessibility – Something for Everyone

    Multiple concerns arise when considering accessibility. The most obvious is ensuring that resources are accessible to those with disabilities. We are currently in the process of creating transcriptions for all of our pre-recorded webinars. Additionally, any images need to have descriptors added for screen-readers for the visually-impaired. Many software applications have these tools built-in, while others require manual addition later. Be sure to carefully consider these requirements while evaluating tools for creating and developing online resources.

    Another significant issue is technological accessibility, which comes in many forms as well. One distinct drawback with Canvas is that it is only compatible with Firefox. This means that students who use other browsers won’t be able to access the material. This places the onus on us to share that information and do our best to ensure that students can utilize Firefox to access the resources.

    Another concern is compatibility with various devices, to meet the student’s needs in accessing online resources. If a person can only access a course on a computer, one of the most important benefits of online education – flexibility – is greatly diminished.

    One of the benefits of Articulate is that it automatically optimizes the course for a computer, tablet, and smartphone. It also allows a course to be built that will allow either portrait or landscape orientation, or lock into one orientation. If the orientation is locked, the student, rather than getting illegible information, instead receives a prompt to rotate their device to the correct orientation.

    Accountability – Retention and Reporting

    Lastly, accountability is a key component in creating effective online education. Including quizzes, knowledge checks, and interactive games, such as sorting or matching, all help the student retain information at a much higher rate than merely allowing them to listen to a recording, potentially while they are also distracted with outside forces, such as other websites, children, Netflix, or other staples of day-to-day life.

    Also, tracking and reporting the completion of online education is essential to determine the reach of the information, especially if a state has required judicial education hours, as Texas does. Canvas will automatically track and report students’ progress to our office, which is a tremendous benefit. For our pre-recorded webinars, students fill out certification forms online and send them in. Ensuring that certain activities are completed before certification occurs is available in our modules, but not our pre-recorded webinars, which is another huge reason that we are moving in that direction.

    Hopefully, your group is excited about the challenges and opportunities that online education provides! If you have any questions about the material, feel free to email me at bt16@txstate.edu, and I will do my best to point you in the direction of the resources that you need.

    Bronson Tucker

    Bronson Tucker is the Director of Curriculum for the Texas Justice Court Training Center, where he has worked since 2004. Bronson attended his first NASJE conference in 2005 in Savannah, GA. Bronson is a graduate of the University of Oklahoma as well as the University of Texas School of Law. Bronson lives in Cedar Park, TX, with his wife Amy and daughters Audrey, 13, and Norah, 10.

  • Judicial Forensic Science Education

    By Jennifer Wildeman, Education Projects Specialist, Arizona

    As technology plays an increasingly significant role in our society, it has become commonplace in the courtroom. New technological practices and discoveries bring forensic science topics such as DNA, latent print examinations, and digital evidence to the forefront of our court system. With technology playing a greater and greater role in resolving cases, it became obvious to Arizona judicial educators that many judges lack the educational background needed for a sufficient understanding of the scientific principles behind the forensic evidence they see in court.

    Similarly, the majority of scientists lack an adequate understanding of the legal tenets that guide our criminal justice system and have difficulty presenting scientific information to judges. In short, “lawyers do not understand science, and scientists do not understand the law” (Chezem in Dawson, 2016). As such, the Arizona Judicial Education Services Division identified a need to address judges’ knowledge gap in the area of forensic science. Guided by the strategic agenda set forth by Arizona Chief Justice Scott Bales, judicial educators developed a multi-faceted plan for crafting a judicial forensic science education program.

    First, judicial educators organized a workgroup composed of judges, scientists, and attorneys who worked together to identify ways that forensic science education could be delivered to Arizona judges. Working with the Arizona Supreme Court AOC Education Services Division, this workgroup identified three educational approaches: a multi-day conference focused specifically on forensic science topics, the addition of forensic science sessions in the training program for all new Arizona judges, and the creation of a forensic science resource webpage that judges can refer to on an as-needed basis.
    The workgroup focused initially on the forensic science conference.

    To identify topics of greatest need among our judiciary, the workgroup conducted a statewide needs assessment. The results obtained from the assessment served as a guide in creating an agenda that included topics such as: forensic biology and DNA, latent print examinations, ballistic comparisons, toxicology, and the role of judge as gatekeeper. At the conference, both local and national experts addressed these topics. For example, a law school professor provided the background for the topic of forensic science in general, a scientist from the National Institute of Standards and Technology (NIST) spoke to the future of forensic sciences, and local law enforcement and crime lab personnel addressed issues local to the state of Arizona.

    Over one-quarter of Arizona judges attended the inaugural judicial forensic science conference. Education Services received overwhelmingly positive feedback. Evaluation comments such as “good legal information…useful and practical” and “interesting and informative” indicate that participants found the topics to be relevant and useful for understanding evidence and testimony in the courtroom. In addition to positive evaluation comments, workgroup members received informal feedback suggesting that judges widely support future forensic science training opportunities.

    Next, the workgroup focused on including forensic science sessions during mandatory training programs for new judges. These sessions provide an overview of the forensic science challenges judges can expect to see in their courtrooms. In addition to providing in-class instruction, we partner with local forensic scientists to provide our judges with an on-site tour of our local crime laboratory, in order to give judges the opportunity to see first-hand what a crime lab looks like, learn about the capabilities of the lab itself, and speak with the scientists who work there.

    During the crime lab tour, judges hear presentations from several different units of the lab, including: crime scene response, forensic biology/DNA, firearms examination, controlled substances, toxicology, and latent print examinations. The tour offers a unique opportunity for experiential learning, since the judges not only view demonstrations, but actually use some of the laboratory equipment themselves. The judges enjoy having the chance to see the lab and speak with scientists. Following our first crime lab tour, one judge commented “I am so grateful for this tour. I think it is a valuable addition to new judge orientation.” Overall, the tour has proven to be a successful way to provide another opportunity for our judges to learn about forensic science.

    Finally, the workgroup tackled the creation of a forensic science reference webpage. The group wanted judges to have access to a single repository of forensic science information including articles, websites, legal opinions, and reports. Given that the field of forensic science is rapidly changing, the group urged the creation of a dynamic webpage that can be updated on a continual basis, instead of a static bench book updated only periodically. The webpage is currently under construction and will be managed by an AOC Education Services staff member, who will work closely with judges to maintain current information and update the webpage as needed.

    While challenges to providing effective judicial forensic science education still exist, this multi-faceted approach provides a foundation for future training opportunities. Utilizing a variety of training methods ensures that judges throughout the state have access to information on these important topics in a timely manner. This combination of in-person and online training provides flexibility to adapt as scientific understanding changes over time.

    REFERENCES
    Dawson, Jim. “Forensic Science: A Time of Transformation.” National Institute of Justice. Issue Number 277. September 2016. https://www.nij.gov/journals/277/pages/forensics.aspx (February 1, 2017).

    Jennifer WildemanJennifer Wildeman has been with the Arizona Supreme Court’s Education Services Division since 2014.  She has worked with Arizona courts since 2007, and has been a NASJE member since 2015. As an Education Projects Specialist, Jennifer works closely with subject matter experts throughout Arizona to help develop timely and relevant trainings for judges and court staff throughout the state. In addition, Jennifer trains court staff on topics ranging from communication to legal authorities.

  • Technology in the Courts

    by Rob Godfrey (UT)

    Utah Courts WebsiteThe use of technology has become progressively more important to the efficient operations of courts nationwide. In Utah, the administrative office of the courts began seeking ways for the use of technology to increase court efficiency as far back as the early 1990s. Through the IT department, the courts began implementing projects designed to improve court data and the ability to digitally submit and store documents. They have now successfully implemented a structure allowing almost all civil and criminal cases to be filed electronically.

    When the world-wide recession hit in the mid to late 2000s, all state courts felt the impact. Filings increased, yet budgets were being cut and every court system struggled to find ways to do more with less. The governing body for the Utah courts, the Judicial Council directed the administration to implement a paperless way to file citations and cases. A deadline of April 1, 2013 was given for civil cases to be entirely electronically filed. After other incremental deadlines for domestic and probate matters, by January 1, 2015, all criminal cases were to be electronically filed by rule, (UCJA Rule 4-503).

    The court’s IT department has had two full-time employees working on e-filing for at least 10 years, and throughout that period, additional staff have been added to the e-filing project, and hundreds more employee hours have been exerted to meet the needed deadlines.

    It is now mandatory for attorneys to file cases electronically, reducing the need for paper filing systems and clerk labor for manually filing entries. The only sources not using electronic filing systems are self-represented litigants. Programs for assisting these litigants with educational resources and support are currently being studied.

    A committee has been following the progress of the e-filing program, measuring progress, calling attention to problem areas, and promoting statewide consistency of usage. So far the data is reflecting an overall reduction in clerical labor costs of somewhere between eight and sixteen percent state-wide.

    With results like this, the Administrative Office of the Courts in Utah will continue to look for new, innovative ways to use technology to create higher efficiency and say goodbye to old ways of doing business.

  • Dispute Resolution Skills Evolve to Fit a 21st Century Court System

    By Katheryn Yetter, Esq.

    In 1986, several events took place that reflected the culture and technology of the time: the Internet Message Access Protocol was designed, opening the door to the widespread use of email; Voyager completed the first nonstop circumnavigation of the earth by air without refueling; the first ten Rock and Roll Hall of Fame artists were inducted; and, The National Judicial College (NJC) offered a course entitled Dispute Resolution Skills (DRS) for the first time.

    (L to R) Hon. Sophia Hall, Hon Sam DeSimone, Hon. William Dressel
    (L to R) Hon. Sophia Hall, Chair, NJC Board of Trustees; Hon. Sam DeSimone; Hon. William Dressel, NJC President

    By and large, theories and practices relating to dispute resolution in the late 1970s and early 1980s focused on conflict management outside the courtroom. However, in 1986, court-mandated mediation and statutory arbitration were trending on the legislative front, models for appropriate alternatives to trial were emerging, and judges were hungry for information and tools. After a nationwide assessment of judges’ needs, the NJC determined that an ideal course would include information on the various modes of dispute resolution, setting up programs in courts, methods specific to case type, and judicial ethics implications. The resulting DRS course was so popular that in 1986, it was offered three times to a total of 141 judges.

    As DRS gained momentum among the judicial community, a New Jersey judge named Samuel DeSimone (or “Big Sam” to his colleagues) adopted it and helped the NJC further refine the core competencies of dispute resolution skills for judges. “Big Sam was instrumental in bringing the judicial perspective to a topic area that on its surface, may appear to appeal to non-judicial practitioners,”said Joy Lyngar, Chief Academic Officer at the NJC. “Since its inception, the NJC has offered continually improved versions of the course thirty-eight times and has tailored the curriculum for state court judges, administrative law judges, and tribal court judges.”

    Big Sam joined the distinguished ranks of emeritus faculty for the NJC in 2012 after 25 years of teaching. “DRS is a better course because of his vision and dedication,” said Lyngar.

    Where once ADR stood for “alternative” dispute resolution (i.e., that which occurred outside of the courtroom), ADR is now thought commonly to stand for “appropriate” dispute resolution, whether in or out of court. No longer are the skills used for mediators or arbitrators outside of the courtroom setting. The skills that are required in practicing ADR are essential to a judge who finds him or herself needing to negotiate, conduct settlement hearings, refer to mediation, or one who chooses to become a private or state-appointed arbitrator once he or she leaves the bench. As the course continues to evolve, the NJC hopes to honor Big Sam’s legacy by continuing to offer a Dispute Resolution Skills course that appeals to a judiciary invested in holistic problem-solving in a 21st century court system.

    Katheryn Yetter, Esq., is the Academic Director for The National Judicial College. She can be contacted at The National Judicial College, Judicial College Building/MS 358, Reno, NV 89557; 775-327-8213; www.judges.org

  • Blended Learning: Seven Lessons Learned through Experience

    Nancy Smith
    Nancy Smith, MA

    By Nancy Smith, MA

    In June of 2009, employees of the Washington State Administrative Office of the Courts gathered to hear the news about state budget cuts. Within minutes, State Administrator for the Courts Jeff Hall relayed that the money for the Presiding Judges conference had been eliminated from the budget. The Washington Court Education Services team had to figure out how to provide appropriate learning opportunities for this important group. The answer came a few months later when the State Justice Institute provided a grant of $25,000 to fund a test of a blended learning model for the courts. This grant took advantage of resources already on hand at the Washington AOC: Skilled educators, well-established processes, and the newly acquired web-conferencing system Adobe Connect Pro and associated eLearning software Adobe Presenter to help solve the problem of diminishing budgets.

    In this article, you will find a definition of blended learning, a description of the grant project, an outline of web-based learning capabilities used, and lessons learned for future blended learning projects.

    What constitutes blended learning? According to the Sloan Consortium, blended learning consists of courses or programs in which 30%-79% of the learning is offered online while the rest is face-to-face (Allen, Seaman, and Garrett, p. 5). To test a blended model for our courts, we envisioned three blended learning series consisting of 2-3 electronic learning modules and one single or part day face-to-face module. Using this model, travel could be limited to one day for most participants, hotel and meal costs could be drastically limited, topics could still be dealt with in some depth, while still providing some time for networking and collegiality.

    The Education Team proposed the creation of three (later increased to four) iterations of a blended learning model. For the electronic learning modules we combined either webinars, which are live (synchronous) instructor led sessions, or self-paced eLearning (asynchronous) sessions, followed by a face-to-face session conceived of as a capstone event. Important to the plan was the idea that all sessions needed to be interrelated and interactive, with ideas and concepts building on the ones previously taught. The face-to-face session was designed to allow the opportunity to synthesize, analyze, and evaluate the learning from the web-based events to create a tangible product learners could use. We used the word “product” very loosely to mean anything from action plans, forms, bench cards, and checklists to skills acquisition through role plays, discussion groups, coaching and the like. We wanted our face-to-face events to be used to enhance education in ways that are difficult to reproduce in web-based sessions.

    We designed our first iteration of the model for the presiding judges and their court administrators. With budget development as the topic, we presented two live webinars that talked about leadership, relationships, and processes both within and outside of the courts. We recorded the webinars for future viewing by those unable to attend the live event. The self-paced module consisted of a nuts and bolts approach to budget controls and performance monitoring, complete with exercises for practice. The last event, a face-to-face symposium, brought together judges and administrators to share concerns and ideas with elected and appointed officials from the executive and legislative branches of Washington State and local government.

    The second iteration, for courthouse facilitators, had a similar design, although the three electronic modules were more sequential than in the budget series. The facilitators learned and practiced techniques on the topic of Temperaments and Dealing with Difficult People.

    In the third iteration, we combined several traditional teaching methods with electronic learning modalities. With Search and Seizure as the topic, participants completed a reading and self-test, answered discussion questions, considered hypothicals and participated in a live discussion via web-conference for each of four learning modules. Learners accessed all parts of the series through an Adobe Connect curriculum which served as an online “one-stop” shop.

    Developing and teaching in the blended model proved to be so cost-effective that we were able to apply to SJI to continue the model testing with grant funds so far unused. Our fourth iteration is underway, and considers the topic Procedural Fairness. It is organized quite differently, and involves reading an article and completing a web-based court self-assessment, attending a live conference session with national speaker Judge Kevin Burke, participating in a webinar with Washington judges as facilitators, and completing the self-assessment a second time to gauge improvement. As can be seen from the contents of the learning series, the modalities used to present learning modules evolved with practice, and the order different modalities occurred varied as time went on.

    This evolution occurred for several reasons. First of all, we learned as we practiced and tested to add different methods to our repertoire. Thus, by round three, we had added readings, self-tests and discussion groups to the web-sessions, and used those sessions like a classroom discussion instead of a lecture. By round four, we added a web-based self-assessment designed to be completed twice and to function as a self pre-test and post-test for individual judges or courts.

    Thus, we arrive at lesson number one for creating blended learning: choose the modality to suit the learning objectives, not the other way around. Always choose the most effective means to teach your learning objectives. If, for example, the material requires working with content, not people, a self-paced module might be perfect. If your audience needs to access the information at their own pace, or at any time, self-paced is a good choice. If coaching is involved, face-to-face may be best. Wikis, threaded discussions, blogs and many other tools can be used. The possibilities are many, but the modality used should fit your learning objectives.

    Lesson number two: Whichever modality is chosen the learning needs to be interactive. As defined in Michael Allen’s Guide to e-Learning, instructional interactivity is “interaction that actively stimulates the learner’s mind to do those things that improve ability and readiness to perform effectively” (Allen, p. 94). This can be particularly challenging with self-paced learning, where there isn’t a live instructor. In a self-paced design, a read and click module will likely put learners to sleep. Strive to create modules where learners have to make decisions and choices through scenario based learning or simulations. For webinars, a talking head will drive learners directly to their email or other work. Create opportunities for interaction through polling, status checks, the chat pod, and in smaller sessions, by opening the microphone to audience members. Experts advise an interaction anywhere from every 3-5 minutes to every 6-7 minutes (Hofmann, p. 12).

    In addition to interactivity, ensure all the elements of your blend are coordinated. This is lesson number three. If for example you require a self-paced lesson prior to learners attending a classroom event, devise a way to make sure they have completed the module on time. Do not teach over again something you expect learners to know before they arrive in your classroom. You will frustrate those who did the work ahead of time, enable those who don’t, and waste valuable teaching time in unneeded review. By the same token, allow learners to skip parts of a series they already know (Allen, p. 88). For example, if a judge has worked extensively on a particular kind of case, why should she have to read the case again to advance through your curriculum? A quiz could work as a “test-out” and allow the learner to move on.

    Lesson four, make sure the technology works. Quizzes, pre-work, webinars, job aids, whatever your modality, it should function the way you expect it to. Things that function well at a central location with powerful servers and excellent internet capabilities do not necessarily work in a remote location. For example, we stopped using webcams in our webinars because while audio usually works fine, video takes a lot of bandwidth and can be problematic. Screen resolution and older software can also be issues. Sometimes it is the computer user who is the problem. Be flexible, try modules on computers away from your system, and test, test, test. That said, don’t be afraid to make use of technology because it might not work. If you do your homework, you will likely find a solution and be successful.

    Lesson five also has to do with success, and the lesson is be patient! You will find resistance to learning online among your clients. Gradually increase your offerings, teaching their use and publicizing them carefully. Guide your learners to accept that online learning can be just as effective as face-to-face learning by producing excellent learning modules in appropriate modalities. It will take time. We have found more judges are beginning to participate in webinars and there is greater acceptance of web-conferencing for meetings. Our court staffers often prefer self-paced modules because they can do them at their own pace when they have time. You won’t persuade everyone right away, but with time, solid learning opportunities, interactive modules, and well-coordinated events, you will eventually build your audience.

    You not only have to convince your audience, you also have to convince your faculty. Lesson six is train your faculty for their new role. For a self-paced module, they may fill the role of subject-matter expert while you do instructional design, while for a webinar, they should act more like a facilitator than a talking head. In a December 2010 Adobe event, trainer Ken Molay of Webinar Success provides valuable insights about presenting webinars in a recording called “Training Webinars 101”. A more advanced lesson on facilitating webinars comes from author Cynthia Clay in “Great Webinars: Crossing the Chasm to High-Performance Virtual Delivery”, sponsored by the eLearning Guild and recorded February 2, 2012. Consider asking your faculty facilitators to watch Mr. Molay’s presentation first, and as they build confidence, move them to Ms. Clay’s presentation. Follow the blogs from various eLearning publications to improve your skills and your faculty’s skills in this domain.

    Lesson seven is money talks, and as long as you have a web-conferencing system and eLearning development software, it can be cheaper to produce a blended learning event, or any online event, than face-to-face training. Given the choice between no training and eLearning due to lack of funding, our audience chose eLearning. We limited travel time and expense by holding our face-to-face events in locations easily accessible to large numbers of learners. In addition to fewer travel expenses, our webinars and self-paced events limit time away from the office and make learning more accessible.

    It is not easy to persuade judicial branch clients of the value of these new ways of learning. It takes research, planning, testing, coordination, and a new skill set to successfully put together blended learning events, or any online learning event. It might provide perspective if you keep these numbers in mind as you tackle the topic: approximately 5.6 million U.S. college and university students enrolled in one or more online courses in the fall of 2009, reflecting a 21% increase in online enrollment compared to only a 2% increase in overall student population in the same period (Allen and Seaman, p. 8). College and university administrators predict continued growth in this sector. These students represent our future court employees, lawyers, judges, and educators. Soon, I believe we will find our learners demanding online learning opportunities from us.

    Is blended learning always the best solution? No, not always, but appropriately planned and implemented, it can be the best approach in many situations.

    References
    1. Allen, I. E., Seaman, J., and Garrett, R. (2007) Blending In: The Extent and Promise of Blended Education in the United States, Sloan Consortium.
    2. Allen, I. E., Seaman, J. (2010). Class Differences: Online Education in the United States 2010, Babson Survey Research Group.
    3. Allen, M. (2008). Guide to e-Learning, New Jersey: John Wiley & Sons.
    4. Hofmann, J., (2011). “Top 10 Challenges of Blended Learning,” Training Magazine p. 10-12.

    *****
    Nancy F. Smith joined the team at the Administrative Office of the Courts (AOC) in September 2008 as a Court Education Professional. She has worked in education for most of her career, including 14 years as a teacher at the community college and secondary levels in Tucson, Arizona. Prior to moving to the AOC, she assisted the Deans of Curriculum at the Evergreen State College in Olympia planning and producing the curriculum for Evergreen’s full-time programs. In a past life, she spent four years as an Army Intelligence Officer.

    At the AOC, Ms. Smith supports the Appellate Judges, County Clerks, Presiding Judges and District and Municipal Court Judges Education Committees. In addition, she enjoys running the Institute for New Court Employees in the fall. In June of 2010, Ms. Smith completed a certificate in Electronic Learning Design and Development at the University of Washington. She has organized a variety of webinar and self-paced learning modules for different groups supported by the AOC. In 2009, Ms. Smith was awarded a grant from the State Justice Institute to establish a model for blended learning (combining e-learning with face-to-face learning) for Washington Courts.

    Ms. Smith has broad experience in multi-cultural education, and has traveled widely in the United States and abroad. A French linguist, she earned her bachelor’s degree from the College of William and Mary in Virginia, and her master’s in French Language and Literature from the Université Libre de Bruxelles in Brussels, Belgium. She is a certified community college and secondary teacher. She also studied Spanish at the University of Arizona.

  • Unretirement: Innovative Uses of Web-based Technology for Baby-boomers (and others) Navigating Economic Downturn

    by Robert Boone (KY)

    The relatively new and increasingly used word unretirement conjures up many different thoughts and emotions. Applying reductionism, two of these emotions are as simple as the Facebook expressions “like” and “unlike.” Merriam Webster’s dictionary indicates origins of the term as early as the mid-1960s. But use of unretirement is still new enough that computer spell check does not even recognize the term and keeps suggesting use of the word retirement instead. At any rate, and for better or worse, the term unretirement exists because of the economic downturn in contemporary American society, and the acute need for the retirement-aged workforce to reconsider employment or re-employment options.

    According to Maestas (2004), “Nearly one-half of retirees follow a non-traditional retirement path that involves partial retirement and/or unretirement.” If you find yourself one of the “nearly one-half “ of retirees in the United States who will be seeking re-employment, or if you have had a long-term career and are now considering a career change or even advancement within your chosen profession, this article is the first in a series meant to help you navigate your way to a new career using web-based technologies.

    One clarification from the beginning: locating employment continues to maintain many vestiges of the traditional job hunting process of which baby-boomers and other age cohorts are intimately familiar. Hand-written follow up letters, firm handshakes, and feet-to-the-ground networking remain unparalleled in importance. There exist, however, innumerable opportunities for innovation and creativity within the traditional employment processes using social media and other electronic means. Though baby-boomers, and to a lesser extent other age cohorts, wince at the very mention of social media, these contemporary technologies greatly enhance one’s marketability. Current research indicates that only about one-third of baby-boomers utilize social media networking sites (see Hampton et al., 2011). [NOTE: Baby-boomers are defined as those individuals aged 46-64 who were born between 1946-1964.] They provide a prospective applicant with solutions to both stand out in the current challenging career climate, and more control over how professional information is transmitted to potential employers.

    Résumés, CVs and Portfolios: Websites Enhance Marketability
    Combining tradition and innovation, job seekers can add an additional dimension to hard copy résumés, curriculum vitae and portfolios by creating an on-line professional profile with existing websites such as LinkedIn, Facebook, and CareerLab.com. Each website exhibits unique advantages for the job search. Among these advantages are the ability to network with potential employers, locate employment and professional opportunities, aggressively market oneself (and others), and appear “near the top” in searches performed using Google and Yahoo. According to a recent study by the Society for Human Resource Management (2011), “More than half (56%) of the organizations currently use social networking websites when recruiting potential job candidates. This is a significant increase since 2008, when a little over one-third (34%) of organizations were using these sites as a recruiting tool.” Referencing the same study, the social networking website most used by organizations for recruitment in 2011 was LinkedIn, which was reportedly used by 95% of respondents. Facebook was the second most used social networking site for recruitment, with 58% reported usage among respondents.

    If you find yourself among the cohort that has yet to experiment with the aforementioned websites, please know that the websites are intuitive, offer excellent step-by-step instructions for developing and uploading online documents, can offer assistance in the event that difficulties arise, and best of all are either free or low-cost. And much like a professional job coach, they give a gentle nudge regarding the importance of keeping updated, professional documents on-hand even if you aren’t currently in the job market.

    Transitions
    Writing in the Journal of Computer-Mediated Communications, Boyd and Ellison (2007) define social networking sites as,

    “…web-based services that allow individuals to 1) construct a profile or semi-public profile within a bounded system, 2) articulate a list of other users with whom they share a connection, and 3) view and traverse their list of connections and those made by others within the system.”

    Embarking on the process of electronic networking and information sharing is less like a “new beginning” and more akin to a transition; you are intimately familiar with the data reflecting your life’s work, and use of social media simply vaults your information and expertise into a contemporary, easily accessed format. You can begin with what you already have: your portfolio, your résumé, your CV. This transition process generally takes just a few minutes and is a matter of copying and pasting your existing material into this new social media format. You will quickly find that several functions on LinkedIn, Facebook, and CareerLab.com are very familiar, including the ability to

    • Highlight current and past professional experiences. This function allows the job seeker to list dates of employment, position title, company name and location, along with examples of how you met or exceeded the responsibilities of those positions.
    • List educational attainment, professional affiliations, and interests.
    • Write an executive or professional summary

    Next, we seek to concentrate on functions of LinkedIn, Facebook, and CareerLab.com that are powerful tools for the job seeker. These functions, and resulting ideas, are by no means an exhaustive list of what can be accomplished using employment-driven social media. Instead, the following serves as a quick reference to aspects of social media that we have found particularly useful, especially for individuals just starting to explore new tools of the employability trade.

    LinkedIn
    According to a 2010 article appearing in CNN Money, “recruiters rely on the site [LinkedIn] to hire even the highest caliber executives.” The same article continues to explain the average user of LinkedIn “is a college-educated 43-year-old making $107,000 [per year]. More than a quarter are senior executives.”

    According to prdaily.com, “Executives from every Fortune 500 [firm] could be found on LinkedIn in 2010.” LinkedIn can be a very powerful tool in locating (or being located) for your next job. Below are several functions that will allow your LinkedIn account to help you achieve unretirement:

    • Make the most of the connections you have made during your career by requesting recommendations from colleagues. LinkedIn provides the ability to have recommendations published verbatim on your profile. This function allows potential employers to view, for example, what others have said about you, your work ethic, and the arenas in which you excel. Consider how imperative recommendations are to a salesperson’s ability to make a sale. In looking for a job, we take on some fundamental responsibilities of a salesperson, insofar, as we are “selling” our skills, experience, and potential. Accordingly, detailed recommendations from other experienced professionals can have a serious impact on our likelihood of locating employment. This recommendation function gives others the opportunity to assist you in selling what you have to offer, with LinkedIn providing the forum for you to transmit these recommendations to potential employers.
    • Build connections. These connections serve as valuable networking tools to find out about position openings, exchange information with potential employers, interact with other professionals, and to learn about company culture or the health of an industry. In fact, LinkedIn provides the ability to send messages to anyone with a LinkedIn profile. Although certainly no substitute for a formal follow-up letter delivered via traditional mail service, the ability to send messages can be a helpful means of following-up with an employer, directing the employer’s attention to your on-line professional portfolio, and standing out amid the many résumés that were undoubtedly received by the employer.
    • Perform “detective work” by locating information about hiring managers, including professional background, affiliations, references, and interests. Knowing this information could give you an advantage in an interview by providing tailored talking points. Additionally, you may be able to locate the individual who most recently had the job to which you are now applying. This data might be beneficial to determine how you “match up” to someone currently working with that company as well as provide insight into the overall organizational health and advancement opportunities.
    • Promote your blog or website by linking them to your LinkedIn account. In doing so, you can provide potential employers with great insight into your technical savvy by way of your website design, further examples of your excellent writing ability, or snapshots of public speaking virtuosity as demonstrated in video clips. Ultimately, this LinkedIn function allows candidates to showcase diverse abilities and accomplishments in a non-intrusive way, while providing more detailed information to employers about the repertoire of the applicant. For instance, I recently developed a website for my small business and linked the website to both my LinkedIn and Facebook accounts. My intention was not necessarily to market products, but to market my business model and to add a further dimension to my stated experience as a business owner. The result is an increased awareness among my social media contacts of my diverse skill set, community involvement, and productivity outside of my full-time employment in workforce development. I recently created a website for free utilizing Google sites (www.sites.google.com) and am in the process of creating a blog, also for free, utilizing Blogger (www.blogger.com). A quick search using Google or Yahoo will yield many more results for website and blog creation. You might want to consider purchasing a domain name for your site (this is generally a great investment for as little as $10.00 per year). This purchase might allow you to use your name or any name as your web address. For instance, the name of my business is Commonwealth Framing, after purchasing the domain name, my website is www.commonwealthframing.com.
    • Share an update. This function allows you to publish updates and attach files in order to inform your networks of your professional activity and productivity. For instance, you can attach a file containing a press release of an initiative you have been involved with. In doing so, you are providing an immediate update of your professional involvement in addition to directing attention to your LinkedIn profile. Facebook will also allow you to share an update with your networks. I recently shared a press release on LinkedIn and Facebook from my local paper. Sharing this information was important for at least three reasons: 1) It informed my networks of the progress I have made in my current position (my networks would not have otherwise read my town’s newspaper). 2) It provided some level of substantiation for my current position description and responsibilities as they appear on my LinkedIn and Facebook profiles. 3) It directed my networks to visit my profile, allowing for further advertising of my experience and skills.

    Facebook
    Facebook, because of its prevalent usage, has impacted the way individuals communicate.

    According to Facebook.com, there are 750 million active users of the social networking website. Due to its wide usage and helpful features, Facebook can be useful for someone seeking unretirement. Just last week, I posted a status update related to this article. My post read: “Robert Boone is exploring uses of social media for a workforce navigating economic downturn. Anyone have insight into how Facebook helped you, or someone you know, locate employment?” The comments received from my networks were varied. One person commented that she learned of a position vacancy from a Facebook contact. Through her contact, she was able create a dialogue about the position, submit her résumé to the hiring manager, and receive an interview and job offer. Without Facebook, she explained, she would not have known about the position vacancy. Another one of my contacts commented that he had not located a job via Facebook, but something better…his wife! Focusing on the job search, Facebook can allow you to:

    • Create an on-line photo and video portfolio. Facebook gives the job seeker the wonderful ability to post pictures and create albums related to projects you have been involved with. In addition, you can post video clips of lectures, presentations, video résumés, and award ceremonies directly to your profile, allowing potential employers to view your professional accomplishments.
    • Establish networks and begin professional dialogues. This is the key to using Facebook as a job search tool. You will need to develop a list of networks, also known as “friends” in Facebook language. From this list of networks, you can communicate via messages, wall posts, status updates, notes, or on-line chat. A friend used the status update feature to make the following update: “Is looking for job openings at XYZ Company. Does anyone have contacts there?” In response to the status update, he received messages with names of hiring managers. He then looked up the hiring managers on LinkedIn and sent out messages detailing his interest in working for the company. The managers had immediate view of his on-line portfolio. The following month he was offered a job.
    • Make wall posts and allow for comments. Central to every Facebook account is a wall that is used for postings and status updates. Utilizing this feature, you can post professional articles, advances in your field, and personal accomplishments to further encourage dialogue, comments, and networking. This feature helps you to be viewed by networks and potential employers as someone who stays up-to-date and who is passionate about their professional involvement and development.
    • Visit Facebook job boards. Many organizations of all sizes have a Facebook page. Often, these organizations will post job openings and other opportunities on their Facebook wall. Simply use the search function on Facebook to locate the organization of interest. Once the organization is located, scroll through their Facebook wall to search for job postings. For example, you can visit http://www.facebook.com/#!/MaysvilleCTC, scroll through announcements, and view a job posting that we posted on August 25 for Maysville Community and Technical College. On a side note, organizations generally use their Facebook page for press releases and to announce special initiatives and events. In reviewing this information, one can learn a great deal of helpful information about the organization. This information can prove to be useful as you prepare for an interview or simply gather more data about the organization. Two great Facebook pages to visit include The National Council of Juvenile and Family Court Judges and The National Center for State Courts.

    Career Lab
    CareerLab.com is another great on-line resource that allows the (soon-to-be) unretiree to develop an on-line presence for the job search. CareerLab.com allows the user to develop an executive profile that is especially helpful for its direction and organization. For example, your profile will have a series of tabs such as: Welcome, Contact, Job Targets, Experience, Interview, References, and Personal. Each tab adds direction and depth to your portfolio. As an employer searchers tab-by-tab, they have the opportunity to view a holistic snapshot of your professional life that cannot be captured in traditional résumés, portfolios, or CV’s.

    Helpful functions of the executive profile from CareerLab.com include:

    • The interview tab of your executive profile is arguably the most useful and unique function. This tab allows you to select and answer a series of interview questions ranging from “what is your definition of success” to “what is your typical workday.” These questions give you an advantage by providing a great forum to “discuss” what kind of an employee you are and what kind of employee you will be. Additionally, this function can allow you to tailor interview questions based on positions that you are currently seeking. It is a wonderful tool to take control of one of the most powerful commodities of the job search: the interview.
    • The ability to have a unique URL (web address) to include on business cards, e-mail signatures, stationary, job boards, Facebook, LinkedIn, even traditional résumés. This URL directs potential employers to your executive portfolio and widens your networks.
    • Along the same lines as widening your networks, the executive profile allows you to share your professional experience with others without loudly announcing your job search. This portfolio can be viewed as another method to exchange professional information with other professionals. Keep this networking mantra in mind: the more people you have working for you, the more likely you are to find work.

    So on a quiet Sunday afternoon as you contemplate your unretirement, career change or climb up the corporate ladder, settle down at your favorite PC without wincing and introduce the world (well, ok, at least a few targeted industries) with all that you have to offer!

    FURTHER ONLINE READING

    REFERENCES

    1. Boyd, D.M. and Ellison, N.B. (2007) Social network sites. Definition, history and scholarship. Journal of Computer-Mediated Communication, 13: 201-230. doi.10.1111/j.1083-6101.2007.00393.x
    2. Hagel, J. & Brown, J. (2011, January 31). Five tips for better social networking. Retrieved September 2, 2011, from http://blogs.hbr.org/bigshift/2011/01/five-tips-for-smarter-social-n.html
    3. Hampton, Keith et al. Social networking sites and our lives. PewInternet. org. 16 Jun. 2011. Web. 15 Jul. 2011]
    4. Hempel, J. (2010, March 25). How linkedin will fire up your career. Retrieved September 2, 2001, from http://money.cnn.com/2010/03/24/technology/linkedin_social_networking.fortune/
    5. Maestas, N. (2004). Back to work: expectations and realizations of work after retirement. University of Michigan Retirement Research Center, Working Papers: 2004-085 http://deepblue.lib.umich.edu/bitstream/2027.42/50534/1/wp085.pdf
    6. Sebastian, M. (2011, May 22). Inforgraphic: executives from every fortune 500 company can be found on linkedin. Retrieved September 2, 2011, from http://www.prdaily.com/Main/Articles/Infographic_Executives_from_every_Fortune_500_can_8338.aspx
    7. Society for Human Resources Management. (2011). Social networking websites and staffing. Retrieved August 31, 2011, from http://www.shrm.org/about/pressroom/PressReleases/pages/SocialNetworking.aspx

    Robert BooneRobert Boone serves in Workforce Development at TENCO Workforce Investment Board, Maysville, KY. Currently, Mr. Boone is working to develop and provide a variety of supportive services to nursing students enrolled in a Department of Labor funded training program that focuses on the career placement of dislocated, unemployed, and incumbent workers into medically underserved areas of Kentucky. Prior to this experience, Mr. Boone served as a department head for a long-term care and rehabilitation facility in Athens, GA. Mr. Boone’s interests include Economic and Workforce Development, Small Business Development, and Historic Preservation. Mr. Boone received his education from Morehead State University and The University of Georgia.

  • Judicial Use of Social Media

    by Daniel J. Crothers, Justice, North Dakota Supreme Court

    A Georgia judge recently resigned after that State’s Judicial Qualifications Commission investigated the judge’s Facebook messaging with a defendant appearing in a pending matter before him.

    Late last year, a New York judge was reassigned after allegations surfaced that he was updating his Facebook status from the bench and that he once took a picture of his crowded courtroom, posting it on his active, public, Facebook page.

    In late 2009, Florida authorities issued a judicial ethics advisory opinion concluding judges cannot “friend” lawyers on social network websites like Facebook or MySpace. But South Carolina’s judicial ethics advisory committee concluded a judge could “friend” law enforcement officers and court employees if they were not discussing anything related to the judge’s position.

    The North Carolina Judicial Standards Commission concluded in 2009 that a judge should not utilize a listserv to obtain advice on a legal topic that was applicable to a proceeding before that judge.

    These stories and others like them are appearing in newspapers and legal periodicals nationwide, leading us to ask: Can judges and court personnel have Facebook or MySpace pages? Can judges and court personnel make blog postings or participate in listservs?

    The general answer to each of these questions is “yes,” but….

    A judge’s actions are constrained by the American Bar Association Model Code of Judicial Conduct, derivations of which are in place in most United States jurisdictions. The Code requires, in some instances pertinent to use of social media, that the judge exercise reasonable direction and control over attorneys and staff who report to the judge.

    The Code generally allows judges to engage in extra-judicial activities that do not demean the judicial office, that do not cast reasonable doubt on the judge’s impartiality and that do not interfere with the performance of judicial duties. Therefore, judges and court staff, like most other people, can use the internet for lawful purposes, including maintaining and using social networking tools and sites like Twitter, Facebook and MySpace as long as those uses stay clear of courts, court business and matters that frequently appear in the courts.

    But the Florida Committee noted, “While judges cannot isolate themselves entirely from the real world and cannot be expected to avoid all friendships outside of their judicial responsibilities, some restrictions upon a judge’s conduct are inherent in the office.”

    For example, judges have an obligation under the Code not to lend the prestige of judicial office to advance the private interest of the judge or others, nor to convey or to permit others to convey the impression they are in a special position to influence the judge. On this basis a majority of the Florida Ethics Advisory Committee concluded that a judge would act unethically by “friending” a lawyer on a Facebook page. Florida’s conclusion was based on the Facebook feature that mutual “friends” appear on each other’s page, even with the highest privacy settings invoked. At a minimum, these mutual “friends” are visible to other “friends” of the respective subscriber. Absent use of the highest privacy settings, the judge-lawyer “friend” status is viewable by all internet users.

    So too are judges and staff prohibited from participating in improper ex parte communications in a pending or impending matter. This was one of the reasons for the disciplinary investigation of the Georgia judge.

    Ex parte communications should always be a concern when a judge or a member of the judge’s staff make posts or read posts about a court case or a likely court case while using Twitter, Facebook, MySpace, a blog, a listserv or any other social network. That concern is justified because use of these social networks means we are communicating (even as passive readers) with an unknown segment of the public, including those who may appear as parties or advocates before us.

    The status of law in this area is quickly developing. Until the law in your state is clarified or until you request a judicial ethics advisory opinion (if you are able), all judges and court staff using social media websites would do well to remember the advice given in the 1980s television show Hill Street Blues by dispatch Sergeant Phil Esterhaus:“Hey, let’s be careful out there…”

    Justice Crothers regularly conducts training for judges and lawyers on ethics and technology, and on judicial disqualification. He can be reached at dcrothers@ndcourts.gov