News & Updates

David Segal of the New York Times is again writing about law schools, this time addressing their failure to produce practice-ready graduates.

Many courts across the country struggle with overburdened staff and inefficient processes. However,  those within the judiciary are now turning to technology to make their courts more efficient and narrow the equal justice gap. 

A recent article in the Washington Post suggests that our current concept of marriage needs to adapt to the high divorce rate in the United States. As a solution, the author borrows a concept from property law and suggests that couples enter into “wedleases”—agreements in which couples commit to one another for a set period of years. The article argues that “wedleases” provide a practical option for couples to part ways at the end of a bad relationship without going through a messy divorce process.

A trial court judge was removed from hearing all asbestos cases after accepting $30,000 in campaign contributions from attorneys whose firms had cases on the judge’s asbestos docket.

As state courts around the country have been responding to the Conference of Chief Justices' 2016 Call to Action for civil justice reform, IAALS, NCSC, and NCJFCJ also have been focused on developing companion recommendations for evaluating and improving the way courts handle domestic relations cases, which have just been released.

Judge Paul W. Grimm is well known for his contributions in the area of improving the pretrial discovery process, particularly with regard to the discovery of electronically stored information. Judge Grimm’s Discovery Order provides an excellent model for facilitating judicial management, and we recommend it to state and federal court judges alike as a model and inspiration to manage the pretrial discovery process so as to reduce the cost and burden of discovery.

Republicans legislators have introduced several bills this session aimed at the courts, including changing the way judges are disciplined and amending the constitution to address how judges are selected. A proposal that would have stripped the courts of judicial review over state laws was withdrawn by its sponsor after it met with heavy criticism from both parties.

Alternative dispute resolution is becoming increasingly more prevalent in New York state civil courts, and New York recently announced a renewed commitment to ADR. Legal professionals believe ADR, and in particular mediation, could have a dramatic improvement in some areas of family law, including expediting divorce proceedings and—perhaps most significantly—decreasing the emotional havoc that divorce can wreak on both parties and their children.

A couple years ago, Milbank Tweed announced Milbank@Harvard, billed as a "groundbreaking multi-year training program for Milbank associates" to give them broader context for the commercial matters they handle for clients everyday. This month, David Wolfson, a Milbank partner, talked more about the program with Lee Pacchia of Bloomberg.

Two Republican legislators proposed a bill that would require attorneys to disclose to the judge and all parties to a lawsuit any campaign contributions of more than $500 made to that judge by the attorney or the attorney’s firm within the past five years. The bill would also require the judge’s recusal upon a motion filed by a non-contributing party.

Next week, the American Bar Association kicks off its 2020 Midyear Meeting, and the ABA Center for Innovation has submitted Resolution 115 for passage by the ABA House of Delegates. Resolution 115 would encourage jurisdictions to consider innovative approaches to increase low- and middle-income Americans’ access to justice and to collect and assess data before and after the adoption of any regulatory innovations.

Documentary film Divorce Corp opens in cities across the country today, drawing critical attention to family courts and those involved in the system. The Honoring Families Initiative recognizes that cost, complexity, and access are issues in the family court system, and IAALS will be participating on a panel discussion about possible solutions following a screening of the movie in Denver on January 12, which is open to the public.

Governor Branstad recently made thirty appointments to the state’s district judicial nominating commissions. Many of them oppose the merit selection process, and at least one of them was active in the campaign to defeat the three justices up for retention in 2010.

Courts, judges, and lawyers have demonstrated a remarkable ability to adapt to a remote and technology-driven version of our justice system in response to the COVID-19 pandemic. These changes have fundamentally altered the way the system operates and call for a renewed commitment to civility and collegiality across the legal profession.

Utah requires divorcing couples to attend a two-hour seminar, and one lawmaker has proposed splitting the seminar into separate segments, the first of which occurring earlier in the process to help remind couples that reconciliation is an option. Meanwhile, a bill in Alabama would require couples with children to take a class designed to increase parents' sensitivity to their children's needs.

In two posts, Scott Fruehwald discusses the "Langdellian Bargain": Richard Neumann has added a novel concept to the causes of legal education’s problems, which he calls the "Langdellian Bargain" In Comparative Histories of Professional Education…

Last month, the NCSC commissioned a survey of one thousand registered voters to gauge levels of public trust and confidence in the state courts. Many of the questions focused on the coronavirus pandemic and how respondents felt about remote court processes, protective measures for in-person courthouse appearances, and other new realities.

Judicial independence is like freedom in that it is often taken for granted, and always at risk. Simply stated, judicial independence means that one branch of government is not subject to the will of the majority. That independent branch is charged with upholding the Constitution, even in the face of contrary majority will, and with protecting the rights of those not in power. What happens when judicial independence is threatened? We have a current all-too-disturbing example.

Two supreme court races are on the ballot in November, with two Republicans and six Democrats vying for the seats. As the May 8 primary approached, the candidates expressed differing views on judicial recusal, public financing for judicial campaigns, and the need for an intermediate appellate court.

In response to the aftermath caused by COVID-19 to businesses throughout the state of Rhode Island, the state’s Superior Court implemented a Business Recovery Plan with the goal of preserving businesses as they climb through recovery and stabilize their operations and accounts.