Imagine a country without courts—where the legislative and executive branches of government hold sway. Imagine that the legislative branch makes the laws, and the executive branch has an administrative system for determining both criminal and civil liability and enforcing consequences. What would change? Why would it matter?
In November, voters will decide whether to make changes to the composition of the appellate judicial commission, which screens and nominates potential appointees for the supreme court and court of appeals.
Terre Rushton is Associate Executive Director of Programs for the National Institute for Trial Advocacy (NITA) as well as serving as a member of the Educating Tomorrow's Lawyers Advisory Committee. In her Voices from the Field interview, Rushton comments about learning professionalism, practical learning as a gateway to understanding the role of a lawyer, and developing common skills and understanding different perspectives.
In the May 8 Democratic primary, an incumbent justice and a county attorney won the nomination. According to campaign finance reports filed at the end of April, the winning candidates were also the biggest spenders. The two Democratic candidates will face two Republican candidates, one of whom opted for public financing, in November.
The same group that led the effort to unseat three justices in the 2010 retention elections announced that it will challenge the sole justice on the ballot this November, Justice David Wiggins, because of his participation in the 2009 unanimous decision that overturned the state’s ban on same-sex marriage.
Governor Lynch nominated Concord attorney Jim Bassett to fill a vacancy on the supreme court. His nomination must be confirmed by the executive council following a public hearing. Some legislators expressed concern that Bassett lacks judicial experience, but opposition may also stem from the governor’s lame-duck status.
Today, Senators Mark Udall and Michael Bennet announced the formation of a bipartisan, 11-member advisory committee that will implement an open process to recommend highly qualified applicants to fill a vacancy on the U.S. District Court in Colorado. Rebecca Love Kourlis, Executive Director of IAALS, is a co-chair of the committee.
On December 8, 2011, the U.S. District Court for the District of Delaware adopted a new Default Standard for Discovery, Including Discovery of Electronically Stored Information (ESI). This new standard announces the expectation that parties reach cooperative agreements regarding discovery, but applies limited default standards in the absence of such an agreement or court order.
The U.S. District Court for the Eastern District of Texas has incorporated a Model Order Regarding E-Discovery In Patent Cases into its Local Rules as Appendix P.
Confirmation of judicial nominees has been a contentious issue this year, and on May 7, 2012, lawyers, legal experts, and advocacy groups met with the White House to discuss judicial vacancies and the confirmation process.
The Obama administration’s efforts to diversify the federal judiciary continue. Nancy Torresen, the first female judge in the U.S. District Court for the District of Maine, was formally sworn into office on May 3, 2012.