The Framers of the Constitution knew a few important things about people in general. People want power. They seek to impose their will on others. They make mistakes. And they think they know more than they actually know. The Framers were introspective enough to see that these pervasive human shortcomings would be found in the public officials about to run our new government. The Framers, therefore, took systematic action to alleviate the impact of power-seeking, mistake-making, all-knowing officials who would fill the three branches.
More than two hundred years ago, our Founders created and signed the Constitution of the United States. This codified, written constitution established that ours would be a nation governed by the rule of law. The concepts embodied in the phrase “rule of law” are both simple and complex. Its simplicity derives from the fact that the underlying notion is clear: all persons, regardless of race, ethnicity, gender, religion, sexual orientation, economic or social status, or other group or individual characteristic, are equal in the eyes of the law. The concept, however, also requires that a complex web of laws and governmental actions come together to assure the protection of the rule of law for all.
IAALS made a clarion call for improvements to our courts some ten years ago, and since then has been instrumental in promoting rules changes, including the amended Federal Rules of Civil Procedure, effective December of last year. Those new rules have set sail with a rousing endorsement from Chief Justice John Roberts who, in his year-end report, described the amendments as “a major stride toward a better federal court system.” He also noted that the new Rules can only achieve the goal of a “just, speedy and inexpensive determination of every action and proceeding” (the promise of Rule 1) if “the entire legal community, including the bench, bar and legal academy, step up to the challenge of making real change.” IAALS continues to pursue that change, promoting the rules through educational programs, pilot projects, and a new culture necessary to make the changes successful.
The results of our Foundations for Practice study continue to reverberate throughout law schools and the legal profession, and the concepts of “The Whole Lawyer and the Character Quotient” are being covered in the press as well.
The Conference of Chief Justices has recognized the important needs of litigants in our state courts, and has answered the call to action to improve our civil justice system by adopting the Recommendations of its Civil Justice Improvements Committee earlier this month.
The Iowa Supreme Court Family Law Case Processing Reform Task Force recently submitted its final report to the Iowa Supreme Court, concluding a year-long study of the family law court system in Iowa. The Task Force report includes a comprehensive list of recommendations for the Iowa Supreme Court’s consideration, including develop a statewide mediation program for family law cases and identifying barriers to using and encouraging the use of unbundled legal services.
"Courage is rightly esteemed the first of human qualities, because, as has been said, 'it is the quality which guarantees all others.'" —Winston Churchill. I agree with Churchill—who knew a thing or two about courage—that it is the quality that permits us to exercise whatever other virtues we possess. This is true for everyone, but especially for judges. No one can be a great judge, or even a good one, without the courage to do what what the law demands, even in the face of tremendous pressure to do otherwise.
After the release of the first two reports from our Foundations for Practice project, Law Week Colorado published an article highlighting the groundbreaking findings, which “have the power to radically shift the discussion about what law schools teach and how employers hire."
As the number of self-represented litigants (or pro se litigants) continue to rise, the legal profession continues to explore alternative means of providing services beyond the traditional lawyer-client relationship. Because many litigants choose to forgo representation due to the cost of hiring an attorney, unbundled legal services are gaining more traction as a way to reduce costs while still providing valuable counsel for clients.
At IAALS’ Fourth Civil Justice Reform Summit, we brought together stakeholders to brainstorm a vision for the courts of tomorrow and steps to get there. Today we release the report from that summit, Creating the Just, Speedy, and Inexpensive Courts of Tomorrow: Ideas for Impact from IAALS’ Fourth Civil Justice Reform Summit.
Figuring out how to educate law students to meet the needs of modern law practice is vitally important given shrinking job markets and changing demands on lawyers. IAALS has accepted that challenge with its Educating Tomorrow’s Lawyers initiative, which focuses on preparing new lawyers for successful participation in the legal profession. Law schools have traditionally focused on applicants’ LSAT scores and grade point averages to determine admissions to law schools. This produces a student body designed to perform well on standardized tests and in college-type settings.
Procedural fairness continues to be an area of great importance in the landscape of efforts to improve civil justice. The National Center for State Courts (NCSC) recently produced four informative training videos that explore how procedural-fairness principles can be applied in difficult situations often encountered in the courtroom and the clerk’s office.