On the front of the United States Supreme Court building in Washington, D.C., is the proclamation “Equal Justice Under Law.” However, according to our Cases Without Counsel study, in some jurisdictions nearly 80 percent of people with a court case end up representing themselves. For many, not being able to afford a lawyer is the main reason for the wide justice gap.
Now that a simple majority of votes suffice to confirm a Supreme Court Justice, each party will invariably put forward the most ideologically-extreme candidates that they can. No more moderates, no more coalition-builders, no more impartial judges. Rather, the Court could be populated, over time, by judges who have partisan instincts or agendas—maybe even by judges who have a particular alignment with the president who nominates them.
On Thursday, April 20, IAALS will present El Pomar Foundation, William J. Hybl, and Kyle H. Hybl with the 2017 Rebuilding Justice Award at our 10th annual gala event. El Pomar Foundation and the Hybls have been instrumental partners for many years and their generous support of our DIAALOGUES series of convenings has helped expand our impact and the impact of our work on a national scale. In addition to their longstanding support of the University of Denver, El Pomar Foundation and the Hybls are consistent and generous supporters of IAALS and have funded and hosted a total of six DIAALOGUES since 2013. These remarkable gatherings are a hallmark of our process and are held at the Penrose House in Colorado Springs, where great minds come together and forge practical solutions to the most pressing challenges in today’s legal system.
I am so proud to present to you our 2016 Annual Report, capturing a remarkable year in our existence and representing the work of our truly visionary staff. Last year we celebrated our tenth-year anniversary. As we embark upon the next ten, in this report we embrace the theme: The Stage is Set: Lights, Camera, Innovation. Throughout the report, you will find not only evidence of what we have accomplished, but also the ways in which we are setting the stage for continuing and fundamental change. You will also find quotes from Nobel Prize-winning bards, Tony Award-winning lyricists, and favorite authors—that inspire the creative in each of us.
The last ten years has seen an intense and almost singular focus on discovery. E-discovery has been a big reason for this, given its impact on the entire discovery process from identification to production. Nevertheless, there is another important aspect to the pretrial system that also results in great cost and delay—motions.
Judge Neil Gorsuch’s testimony before the Senate Judiciary Committee hearing this week underscored the difference between elected officials and judges. He repeatedly declined to answer questions about his personal views, declined to express his opinion of various precedents, and repeatedly swore to uphold the law, irrespective of the parties before him.
My work on the classroom/traditional side has never needed empirical justification. By contrast, my work on the experiential side has always been met by skepticism by those who share my belief in the value of the classroom. Experiential education is not the status quo; it is always subject to demands for empirical evidence of its value.
Last month in Miami, Florida, the Center for Out-of-Court Divorce (COCD), together with IAALS at the University of Denver, received Meritorious Recognition from the ABA Standing Committee on the Delivery of Legal Services in connection with its annual Louis M. Brown Award for Legal Access. The Committee cited that it was impressed with the Center’s family-centered approach to divorce resolution.
As reported by the Washington Post, the President is not the only one who has taken on the courts recently: it is also happening in state legislatures around the country. This comes as no surprise to state court watchers; in fact, legislation targeting state courts for unpopular decisions is now commonplace. (Our March 2016, January 2015, and February 2014 blog posts chronicle these efforts.)
In July 2016, the Conference of Chief Justices and the Conference of State Court Administrators recognized the important needs of litigants in our state courts and responded by adopting a set of 13 Recommendations focused on ensuring our courts are affordable, efficient, and fair for all.
A new report conducted by Ecorys UK, Experiences of consumers who may be vulnerable in family law, explores the impacts of personal and situational vulnerabilities for people seeking legal assistance with family law matters. Specifically, the study explored access, cost, and quality of legal representation in the modern-day legal market—a market with increasingly more options for people contemplating or experiencing involvement in the legal system.