Welcome to
Center Court

Vol. 7, No. 1 - Winter 2004

 - a newsletter published for the court community by the National Center for State Courts, featuring news about projects, programs, and people in the courts and dedicated to helping courts anticipate change and better serve the public. 

In this issue:

  • Training's a Must--Even in Difficult Times 
  • Behind-the-Scenes Work of Court PIO Fills Vital Role
  • Art in America's Courthouses 
  • Collaboration on Social Problems Dominates State Court Trends in 2003
  • NCSC International Staff Honored by the Mongolian Judiciary
  • Judges, Court Administrators Need Better Understanding of Each Others' Roles 
  • NCSC President Search in High Gear
  • Revised Caseflow Management Due in Spring
  • Self Help Support Site Offered www.selfhelpsupport.org
  • Jur-E Bulletin All the Rage
  • Georgia Chief Justice First to Receive Award
  • National Center Marks 50th Anniversary of Brown v. Board of Education
  • NCSC Technology Events Inform, Link Justice System
  • Jury Reform Program Moves Forward

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Art in America's Courthouses

Jim Fox, professor, Dickinson School of Law, is cataloging visual art in courthouses across the country for a database and publication.
Please send information about art in your courthouse including wall murals, portraits, sculpture, and other original art to Professor Fox at the Dickinson School of Law at Pennsylvania State University, 150 S. College Street, Carlisle, Pennsylvania 17013. He may be reached by phone at 717-240-5224 or e-mail at
jqf7@psu.edu.

 

 

Training's a Must-Even in Difficult Times

Ongoing technological advances coupled with constant societal changes have dramatically affected the courts - and reinforced the importance of judicial branch training, court experts say.

But how can courts provide the training necessary to keep pace with these demands at the same time they are facing another stark reality: severe state budget cuts? 

"Even though budgets are tight, you can't lose sight of training," said D. J. Hanson, South Dakota state court administrator and longtime supporter of staff development. "You've got to look to the future, and the courts' future is in the folks we have. It's incumbent on us to keep them current. If you don't, it's difficult to catch up," Hanson said. In South Dakota, the court's budget has a built-in training fund, which is financed through filing fees, and a separate technology fund, part of which can be used for technology training. "These funds give us a great starting point," he said.

Unlike most other professional public or private sector jobs, there's no college curriculum or degree currently offered in court administration, which makes training all the more imperative, said Chuck Ericksen, executive director of the National Center for State Courts' Institute for Court Management (ICM).

"Training is a fundamental responsibility of our courts," Ericksen said. "Training should not come and go with good or hard financial times. But it is a balancing act, especially in tight budget times."

To acquire that balance, Ericksen recommends the following steps:

Court leaders must educate the funders - in most cases legislators - on why judicial branch training is not a luxury, but a necessity to safeguard the independence of the courts.

For example, when it comes to judges, Ericksen said the legislators' mindset often is "well they're all lawyers aren't they?" implying that anyone with a law degree can officiate a trial. "We need to educate them as to why being a lawyer is so different from being a judge."

Or a court administrator. Lynn Sudbeck, staff attorney for the South Dakota courts who recently moved into administration, has enrolled in an extensive court management program. "Even though I'm an attorney and have worked in the courts," Sudbeck said, "I don't come from the administrative side, so this training will be very valuable for me. I need to be able to do our court's future planning, and my prior education and experience didn't give me the skills or knowledge necessary to successfully do that." D. J. Hanson recommended Sudbeck enroll in ICM's Court Executive Development Program, of which Hanson is a graduate.

But educating the legislators must go even further, Ericksen said, helping them to understand why the responsibility for judicial branch education should not be relegated to law schools.  

Find a cost-effective systematic approach for your state that includes ongoing training.

"Courts are moving away from expensive conferences, where they have to spend a lot of money to send employees out of state for training," Ericksen said. Instead, courts need to have their own professionals trained to become faculty, serving as their front-line educators. "We need peers teaching peers," he said. "This reduces the reliance on expensive consultants. By using their own professionals as faculty, courts tend to weather the financial storms more easily - when funding slips away, they still have their faculty who can serve as the backbone for curriculum development and educational programming."

Bring training programs into your state. 

"At a fraction of the cost of sending staff out of state for training, the Institute for Court Management or the National Judicial College can send their staff to you and prepare curriculum that is tailored to your court's specific needs," Ericksen said. This approach allows training to reach more court staff and can provide the groundwork for developing faculty within your own courts. 

Increasing distance learning (or E-Learning) is becoming another cost-effective method of providing training. For Pam Neville, court administrator in New Hampshire, the availability and cost-effectiveness of a distance-learning course in grant management allowed her to receive extended training. "I had taken one of the courses on grant management earlier in Williamsburg, and when I saw this course offered, I knew it would be a great follow-up. With funding so tight, however, being able to take this course and not travel, allowed me to do it."

Behind-the-Scenes Work of Court PIO Fills Vital Role

Sometimes J.W. Brown has nothing to show as her best work. Such is the life of a court public information officer (PIO).

Brown, communications director the for Trial Courts in Maricopa County and the new president of the Conference of Court Public Information Officers (CCPIO), says raising the awareness of what public information officers do for the courts is one of her priorities as president. "The work we do is extremely valuable for courts at all levels, from city courts to the U.S. Supreme Court. But one of our biggest challenges is getting the courts to understand what we do and the importance of the PIO's work," Brown says.

"As I explained to one of my judges, ‘Sometimes what you don't see is my hardest work,'" Brown says, referring to potential court news that never makes it into print or on television because of her behind-the-scenes work convincing reporters chasing inaccurate or untrue information that there's no story.

"This job takes building great relationships with those in the courts and those in the media," she says. "It takes a lot of trust."

It helps that Brown understands journalistic practices.  A former newspaper reporter for more than 20 years - many spent covering courts and legal trends  - Brown has the knack for dealing with reporters in a way that helps to educate the public about the courts.  "Most judges don't have the time to talk to reporters, or they can't because of constraints imposed by the judicial code of ethics. By having a public information officer, the judges can focus on their jobs, but still get the accurate information out to the community," she says.

Over the past 15 years, the number of courts that have created a PIO position has steadily increased. Although no comprehensive data exists that shows how many courts have public information officers, CCPIO has 81 members, and Brown would like to see that increase. "It's invaluable - you always have someone there for you who's been there already, willing to share her or his experience," she says of her membership.
The court PIO position initially was created to improve the accuracy of news coverage.  But the PIO's work has evolved to include public education, community outreach, legislative/government relations, and internal and external communications - in addition to media relations. In many courts that don't have PIOs, these responsibilities are spread among existing staff members who likely aren't trained in media relations - and are used only when a crisis hits.

Because this profession is relatively new to the courts, most existing PIOs don't work side-by-side with others who've done the job before them - and that helped create the need for the CCPIO.

Brown calls CCPIO "her safety net," because it connects her through a listserv to others facing similar professional daily challenges. The association holds an annual conference that features a series of education sessions and networking opportunities.  

"It's an incredible network of friends," Brown says. "I know somebody from New York to Hawaii who does this job, and we truly help each other constantly become more professional. It helps us avoid unnecessary disasters because there's also someone out there who has dealt with this problem before," Brown says. "It makes us more valuable to our judges and administrators, because it helps us know how to handle situations before they strike. I'm less likely to be like a deer caught in the headlights when something comes up that I've never dealt with."

Raising the public's awareness of how the courts work is another central part of the PIO's work, Brown said. "People see courts as very difficult to understand, very intimidating. We help to educate the public and we encourage and enable the judges in ways to educate the public. We can shine the light in on the courts, diminishing distrust caused by unfamiliarity."

Collaboration on Social Problems Dominates State Court Trends in 2003

Courts faced increasing challenges from numerous social issues, such as divorce, overcrowded prisons, and self-represented litigants, in 2003.  They responded by collaborating more closely with other institutions, such as legal aid societies and child welfare agencies.  Such collaboration was the dominant trend tracked by the National Center for State Courts' Knowledge and Information Services Office in its annual Report on Trends in the State Courts. 

The 2003 edition of the Trends Report, released in January 2004, also tracks trends in several other areas, including technology, interbranch relations, and the role of the judge and jury in death penalty cases.

The 2003 Report on Trends in the State Courts is available online at www.ncsconline.org.  Print copies can be ordered from the National Center for State Courts' online bookstore for $10, or by contacting the Knowledge and Information Services Office.

Family-related issues were especially prominent in state courts during 2003.  Issues ranged from expediting appeals involving children to ensuring the physical and mental well being of children as required by the Adoption and Safe Families Act of 1997.  Other child-related topics examined in the 2003 Trends Report include the deficiency of national information concerning adoptions, "safe haven" legislation to protect abandoned infants, and the use of "virtual visitation" for divorcing parents.

Also a challenge to the courts in 2003 was the growth of both public and personal technologies. The Trends Report discusses how courts can use the Justice XML Data Dictionary (JXDD) to improve sharing of data and how courts can share data between themselves and other institutions via enterprise or service-oriented architecture. Another technological challenge was the growth of personal handheld technology - how can courts define and regulate the "media" in the era of cellular camera phones and other wireless technology?

The 2003 Trends Report also provides "Updates" on the state court responses to the current budget crunch and the current status of judicial campaign conduct committees.

The report's "What to Watch" section looks at the challenges posed to courts by offenders who suffer from mental illness and changes to the regulation of the legal profession.  Another look into the future is provided by the 2003 "Environmental Scan," which takes a deeper look at political, economic, and cultural issues that will affect (and are affecting) court operations worldwide.

NCSC International Staff Honored by the Mongolian Judiciary

Two staff members in the National Center's International Program recently received awards from Mongolia's General Council of Courts (GCC) for their contributions to that country's judiciary.

Heike Gramckow, deputy director of International Programs, and Charlie Ferrell, consultant, are now considered Recognized Members of the Mongolian Judiciary for their contributions to improving the court system. Only twice before in the history of the GCC has this award been presented to foreigners. 

Gramckow was recognized for her contributions of providing international comparative information for many of the change processes the Mongolian judiciary is experiencing, such as the different organizational structures for judicial councils, information about approaches to downsizing the number of judges without interfering with their judicial independence, and a workload study that provides for the first time detailed information about staffing needs and how judges spend their time.

Ferrell worked in Mongolia for NCSC's Judicial Reform Program for three years. Under his direction, nearly 75 percent of the court's caseload was moved to automated systems - only one court was using case tracking software before Ferrell started. As a result of the automation, the courts also established public information terminals that allow the public to check on the status and outcome of cases.

Judges, Court Administrators Need Better Understanding of Each Others' Roles

Breaking with tradition, judges and court administrators recently held a joint midyear meeting for the first time in hopes of learning more about each other's role in the justice system. The American Judges Association (AJA)) and the National Association for Court Management (NACM) met in Savannah, Ga., Jan. 31-Feb. 3, 2004.

The meeting probed the "extremely important relationship" between the judge and the court administrator, said NACM president Lawrence Meyers, court administrator of the Joplin, Mo., Municipal Court.  "Running the courts means more than just working together," he said.  "It means understanding the role of the judge and court administrator."  Meyers hopes this meeting will lead to a joint planning committee to address the needs of court leadership.

AJA President Michael McAdam, a judge of the Kansas City, Mo., Municipal Court, agreed with Meyers.

"The goal of this joint meeting is to have judges and court clerks share educational programs and social activities in the hopes of breaking down some of the barriers that exist between us," he said.  "Our two organizations . . . represent members from every state in the country, and we can always learn from our colleagues about how to better serve the public and improve our system of justice."

The judges and court administrators started their joint meeting with a discussion on "Unequal Treatment from the Justice System:  Fact or Myth?"  Other educational sessions included court interpretation, overcoming the barriers caused by poverty to equal treatment, and drug courts.

The National Center for State Courts provides professional assistance and services to AJA, NACM, and other national court-related associations.

AJA president Michael McAdams, judge, Kansas City, Mo., Municipal Court and NACM president Larry Meyers, court administrator, Joplin, Mo., Municipal Court


NCSC President Search in High Gear

A search committee made up of court and legal professionals from around the country is expected in March to begin interviewing qualified candidates for the position of president of the National Center for State Courts.

Roger K. Warren, president of the National Center, announced his plans to resign effective August 2004 to the National Center's Board of Directors during a meeting in Washington, D.C., Nov. 22.

The National Center Board immediately formed a search committee, chaired by Wisconsin Chief Justice Shirley Abrahamson, the Board's chair-elect. The committee recently hired the search firm Isaacson, Miller to help in the recruitment and selection process.

As part of the process, the committee reevaluated the president's position to prepare an updated job description that ensures the president's role continues to meet the evolving needs of the nation's state courts and court associations. To accomplish this, committee members interviewed members of the Conference of Chief Justices, the Conference of State Court Administrators, and NCSC's staff.

The search committee's timeframe is to accept applications through the end of February, to screen and interview potential candidates in March, and to narrow the list to between one and three candidates by the NCSC Board meeting in April, at which time they anticipate selecting Warren's successor.

Warren says he's remaining in his position through August "so the change in leadership doesn't cause any disruption to the National Center's constituents or staff." Warren was appointed NCSC president in 1996 after serving more than 20 years as a judge in Sacramento, Calif.

Aside from Chief Justice Abrahamson, search committee members include Daniel Becker, state court administrator, Utah; Curtis Barnette, of counsel, Skadden, Arps, Slate, Meagher & Flom; Judge Gayle A. Nachtigal, Washington County, Oregon; and Thomas A. Gottschalk, executive vice president & general counsel, General Motors.

Revised Caseflow Management Due in Spring

NCSC's most in-demand publication, David Steelman's Caseflow Management: The Heart of Court Management in the New Millennium, is being revised for a third printing and will be available in late March. The reprint has been redesigned in a user-friendly format with larger pages and more white space. "It will be easier on the eyes," said Steelman, "and with more space, the presentation of text is arranged on the pages so that it's easier to grasp topic divisions and the logical flow of information."

"The second printing sold out faster than anticipated," said Sara Lewis, NCSC communications director. A surge of sales in late 2003 depleted NCSC's second printing inventory.

The text of the third printing remains unchanged. Appendix A, which includes the National Association for Court Management's Caseflow Management Curriculum Guidelines, has been revised with the latest version, published by NACM in the Court Manager in the summer of 2003.

Self Help Support Site Offered
www.selfhelpsupport.org
 
The National Center for State Courts has launched an online resource center for pro se practitioners called selfhelpsupport.org. Collaborating with the National Center on this project - funded through the State Justice Institute - were the American Judicature Society, the Legal Services Corporation, Zorza Associates, Probono.net, and the SJI.

This Web site is designed to serve as a virtual meeting place for people who provide pro se assistance, direct pro se programs in the courts, or are involved in any capacity with self-help courts. In using the site, members can share documents and information, create listservs, distribute mass mailings, and network with other professionals in the field. The site offers an "Add a Resource" feature, which allows members to upload documents onto the Web site to share with the online community.

"Our hope is that through selfhelpsupport.org specific improvements and developments in providing pro se assistance will benefit many as we disseminate relevant information on self-help and legal aid programs to practitioners in the courts, community, and legal profession," said Madelynn Herman, NCSC knowledge management analyst, who helped develop the site.

Membership is free. To join the site, go to www.selfhelpsupport.org, click on "Join this Area," located on the left side of the page, and fill out the membership form. "The larger the membership, the more effective the site becomes, so registered members are asked to recommend the site to others in the field" Herman said.

At the core of the site is an online library of resources collected from pro se programs, courts, and agencies. More than 400 scanned items, links to articles and reports, and original documents are organized into 16 subject folders with headings like Program Development, Collaborative Efforts, Judicial Resources, and Program Outreach.

Jur-E Bulletin All the Rage

The relatively new Jur-E Bulletin, a weekly e-newsletter that focuses on "all things jury," is steadily attracting a loyal following. Since its May 2003 launch, the Bulletin's readership, which includes jury administrators, judges, academics, and consultants, has grown to more than 650. The e-newsletter is published by the Center for Jury Studies, Jury Community of Practice, and Knowledge and Information Services at the National Center for State Courts.

The Bulletin has gained a reputation for its creative, lively approach to jury news. For example, in the January 9, 2004 edition a section titled "Martha, Martha, Martha" (about guess who) ran an article called "Could Martha's tormentors just be jealous that they can't make meringue monograms?" which was popular with readers. But the No. 1 "hit" that week was "The Dog Ate My Summons" about an Arizona judge who presides over a "scofflaw juror court."

These articles ran alongside other newsy items about the Report on Trends in the State Courts, jurors in the Malvo sniper trial, and a Texas commentator who maintains that mistrials and acquittals are signs of a healthy jury system.

Professor Nancy King, the co-chair of the AJS Jury Center and professor of law at Vanderbilt, remarked that the Jur-E Bulletin is "just what the American jury community needs to keep up-to-date with current affairs." 

To have the Jur-E Bulletin e-mailed to you automatically each Friday, visit: www.ncsconline.org/Newsletters/NCSC_newsletters.htm. For an index of back issues, visit: www.ncsconline.org/WC/Publications/KIS_JurInnJurEPub.pdf.
 

Georgia Chief Justice First to Receive Award

Chief Justice of Georgia Norman S. Fletcher is the first recipient of the Harry L. Carrico Award for Judicial Innovation, presented by the National Center for State Courts. Chief Justice Fletcher was presented the award January 20 at the midyear meeting of the Conference of Chief Justices in San Francisco.

The award is named after retired Chief Justice of Virginia Harry L. Carrico, who was involved in founding the National Center in 1971. Chief Justice Carrico served on the National Center's Board of Directors from 1987 to 1990, serving as chair from 1989 to 1990. The award - created last year when Chief Justice Carrico retired - was established to honor a sitting chief justice or justice who has inspired, sponsored, promoted, or led an innovation of national significance in the field of judicial administration. 

Chief Justice Fletcher was honored for his leadership improving the indigent defense system. He is credited for being the driving force behind the Chief Justice's Commission on Indigent Defense, which resulted in the passage of groundbreaking legislation to improve Georgia's indigent defense system. "It is fair to say that Chief Justice Fletcher staked the success of his term of office on championing the constitutional rights of the poor and disadvantaged," said Chief Justice of California Ronald George, who presented the award. "His leadership, his innovative thinking and methods, and his accomplishments in indigent defense in Georgia set an example for other states and judiciaries to follow," said George, who is the president of CCJ and the current chair of the NCSC Board.

National Center marks 50th Anniversary of Brown v. Board of Education

May 17 marks the 50th anniversary of the U.S. Supreme Court's decision in Brown v. Board of Education. To prepare for this historic event, the National Center for State Courts has explored numerous ways to help state courts celebrate and reflect on this landmark court case. They include:

•  Helping to sponsor and plan the 16th annual meeting of the National Consortium on Race and Ethnic Fairness in the Courts being held April 14-17 at the Washington Court Hotel in Washington, D.C. The meeting's theme is "Fifty Years After Brown: A National Dialogue on Racial and Ethnic Fairness in the Courts." Registration is open to all, and it is available by calling (800) 616-6165.

• Developing on original curriculum about the decision to be used by judges when they visit middle and high schools. NCSC is working with the Washington State Administrative Office of the Courts on this project. The curriculum will be available for download from both the NCSC and Washington State Web sites after the April conference.

•  Creating a user-friendly database that outlines key findings and recommendations from nearly 30 reports of judiciary-sponsored commissions and task forces on race and ethnic fairness in the courts. This database will be available through the NCSC Web site at www.ncsconline.org after the April conference.

NCSC Technology Events Inform, Link Justice System

The diversity of topics, the ability to network with colleagues from around the world, and the extensive vendor show, topped many participants' list of what they found most valuable at NCSC's 8th Court Technology Conference.

More than 2,300 people representing courts from around the United States and 30 countries attended the October conference in Kansas City, Mo. 

"I compliment you on the range of topics and issues covered.  However the best feature was the opportunity to discuss matters of mutual concern with so many colleagues from so many different places," wrote one participant. Comments like this reassured planners that CTC's broad scope provides attendees with the greatest value.

CTC9 is scheduled for Sept. 13 -15, 2005 in Seattle.

While multiple education tracks and big issue presenters are a drawing card for CTC, its biannual little brother touts a focused approach. E-Courts 2004: Linking the Legal System will be held in Las Vegas at the Mirage Hotel on December 13-15, 2004.

E-Courts will examine the creation of the digital legal system and uses the paper clip as its icon. "The paper clip symbolizes linking systems both in and outside the courthouse," said Jim McMillan, NCSC principal court management consultant and E-Courts planner. "But paper clips can be bent to form other tools and E-Courts will look at many of them in conjunction with other facets of electronic linking systems."

Real world reports on E-Filing and Privacy and Public Access will be covered along with new technology in web services, XML integration, and new document production and preservation systems. Opportunities for education and discussion will help policy makers plan and position their courts to optimize their investment in technology. For more information, visit www.e-courts.org.

Jury Reform Program Moves Forward

It was a concept hatched three years ago at the first-ever National Jury Summit, held in New York City in 2001. And now that idea - finding ways to involve the public more in the jury system - is becoming a reality.

The National Program to Increase Citizen Participation in Jury Service has acquired the necessary funding from law firms, foundations and other organizations to begin its work. The National Center for State Courts heads the program and works in collaboration with the Council for Court Excellence in Washington, D.C., and the Trial Court Leadership Center of Maricopa County, Arizona.

The program's mission is to promote public awareness and understanding of jury service and to support state and local courts' efforts to improve the jury system. In addition, the program will deliver the tools and technical assistance needed by judges, attorneys, and court administrators to meet these objectives.

To get off the ground, the program is developing a "State of the States" compendium of jury reforms and "prescriptive packages" in high-priority areas. In order to determine the "State of the States," NCSC is creating surveys to target local courts, legal practitioners, and state courts. Survey questions focus on learning the status of jury improvement and reform efforts throughout the country. With this information "prescriptive packages" will be developed, which will describe the most highly recommended jury practices in four areas:

•  Improving response to jury summons
•  Improving jury instructions
•  Draft legislative and rule models
•  Urban courts     

These packages - which will be available through the National Center, the National Judicial College, and state judicial education programs - can provide technical assistance to courts.

Depending on continued funding, future plans include identifying and selecting the first courts for implementation, creating individualized implementation plans, providing direct technical assistance, and documenting and disseminating best practices about programs evaluated.

 

Please feel free to forward our newsletter to your colleagues. Subscribe to this and other NCSC e-newsletters at www.ncsconline.org/Newsletters/NCSC_newsletters.htm.

National Center for State Courts'
Board of Directors for 2003-2004

Chair: Chief Justice of California Ronald M. George
Vice-Chair:  Michael Buenger, State Court Administrator, Supreme Court of Missouri
Chair-elect:  Chief Justice of Wisconsin Shirley S. Abrahamson
Vice-Chair-elect:  Daniel Becker, State Court Administrator, Supreme Court of Utah
Curtis Hank Barnette, Skadden, Arps, Slate, Meagher & Flom, Washington, D.C.
*Reuben O. Carrerou, Court Administrator, Eleventh Judicial Circuit, Florida
Judge Charles R. Cloud, Norfolk, VA
Zelda M. DeBoyes, Court Administrator, Aurora Municipal Court, CO
Judge Gerald T. Elliott, Tenth Judicial District of Kansas
Judge Hilda R. Gage, Michigan Court of Appeals
Thomas A. Gottschalk, Executive Vice President and General Counsel, General Motors Corp.
Chief Judge of New York Judith S. Kaye, Immediate Past Chair
Judge Elizabeth Keever, Twelfth Judicial District, North Carolina
Chief Administrative Judge Jonathan Lippman, New York
Judge Gary L. Lumpkin, Court of Criminal Appeals, Oklahoma
Ruth W. McIntyre, Seattle, Washington
*E. Leo Milonas, Pillsbury Winthrop LLP, New York, NY
Jack B. Middleton, McLane, Graf, Rauleron & Middleton, Manchester, NH
Lawrence G. Myers, Municipal Court Administrator, Missouri
Judge Gayle A. Nachtigal, Washington County, Oregon
*Charles B. Renfrew, Law Offices of Charles B. Renfrew, San Francisco, CA
Chief Justice of Indiana Randall T. Shepard
Judge Michael S. Spearman, King County Superior Court, Seattle, WA
Judge Sandra A. Thompson, Superior Court, Torrance, CA
Immediate Past Vice-Chair Patricia Tobias, Administrative Director of the Courts, Idaho
Roger K. Warren, President of the National Center for State Courts

* indicates a new member

Over 100 NCSC topic folders with overviews, research reports, information about programs and services, frequently asked questions, best practices, and publications.  [CourTopics]

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