As I think about answering the Questionnaire, from the perspective of my twenty six years on the bench, I think of two examples of changes I have seen in my work. In the late 80s I was hearing business cases where documentary evidence is a major part of the evidence. At that time, the “original” document had some meaning. Now, with transactions handled more and more through computers, the evidentiary issues to determine “original” are more complex. Additionally, recently, I presided over a trial which included testimony about an interactive website. That website was demonstrated, live, in open court, presenting a challenge on how to preserve that testimonial record for appeal.

Another change I have seen in my judicial activities is in the relationship between the judge and social service staff. Early in my career, judges signed orders and were not involved in the implementation of the order where social services were required. With domestic violence cases increasing, a Conference was held in the early 90s where presenters encouraged the judiciary and all agencies to work together to effectively respond to those cases. Now, judges convene and chair Domestic Violence Coordinating Councils composed of judges, police, prosecutors, lay advocates, and social service providers including batterer counselors. Judges had not been an expected part of these kinds of conversations.

Many of you reading this Article have seen changes in other areas of family law, like family conferencing in Abuse and Neglect cases. The development of alternative dispute resolution for many kinds of civil cases is another indication of these societal changes.