Towards a Balanced System: A Critical Analysis of Algorithmic and Digitalized Programming on Judicial Decision-Making and Access to Court-Appointed Counsel

This thesis addresses the impact of algorithmic programming on judicial decision-making and the court-appointed attorney (CAA) process, focusing on the intersection of technology and judicial discretion at the Tempe Municipal Court. The primary inquiry of this thesis explores how algorithmic and digital programming, creating an automated system, can enhance equitable access to legal representation for indigent criminal defendants by making the CAA process more uniform. This project implements back-end algorithmic calculations to provide judges with system recommendations by using the Qualtrics survey software to create a digital version of the paper-based Form 5C. The "System Recommendation Tool" streamlines the process by presenting concise encapsulations of defendants' Form 5C responses and algorithmically derived recommendations regarding CAA qualification and contribution amounts. Significant disparities between the digital system's recommendations and judicial outcomes emerge through analyzing 80 Form 5Cs and their corresponding judicial decisions. These disparities underscore the need for further refinement of the digital system and the possibility of increased use of judicial discretion and consideration of additional factors beyond the Form 5C. While recognizing the system's potential benefits, this research emphasizes the importance of continuous testing and refinement and ongoing consultation with judges. Ultimately, the digital system is a complementary tool to judicial decision-making rather than a replacement.