Expert Opinions

In a ruling that took some fair courts advocates by surprise, the U.S. Supreme Court upheld the authority of states to bar judges and judicial candidates from personally soliciting campaign contributions. Chief Justice Roberts delivered the majority opinion in Williams-Yulee v. The Florida Bar, holding that “[a] State’s decision to elect judges does not compel it to compromise public confidence in their integrity.”

If you’re like most prospective students, there’s a good chance the U.S. News & World Report Law School Rankings will play some kind of role in your decision about where to go to law school. We can all debate the merits of the rankings as a method for choosing a law school, but we can’t stop the world from clamoring for them. So until they’re announced, here are some things to keep you occupied.

Last Tuesday’s Supreme Court argument was the latest chapter in the Court’s struggle to balance electoral candidates’ right to solicit campaign donations against the appearance or actual threat of corruption that arises when litigants or attorneys donate to a judge’s election campaign and later appear before that same judge in court. What all the Justices seemed to agree about—that electing state court judges poses great risk to the legitimacy of the states’ judiciaries—remains beyond their power to remedy.

ETL is about to release its first major report—a study of the Daniel Webster Scholar Honors Program. The report is not even public yet, but it was already highlighted in the Wall Street Journal and criticized at Above the Law. Ultimately, if law schools are going to develop programs that better prepare students and if prospective students are going to rely on those programs, then legal employers must value them. And, we're working on ways to help ensure that happens.

In 2014, we have continued to see a rise in the number of, and interest in, alternative processes designed to provide a more streamlined approach to the pretrial and trial process. While these programs are known by many different names, they all focus on increasing access to our civil justice system. Given the number of programs that have been implemented nationwide, and their diversity, we have updated our chart of these programs, which catalogs their unique elements.

In a historic 53.78%–46.22% decision, which is already beginning to transform the state's judiciary in significant ways, Nevada voters elected to create an Intermediate Court of Appeals during the November 2014 election cycle. Nevada has demonstrated that, with right mindedness and well-placed determination on behalf of achieving a high-functioning and efficient legal system, change and progress will eventually prevail.

Over the last seven years, we have focused much of our time and effort on ways to improve the effectiveness of discovery, due in large part to the expanding world of electronically stored information. In our new report, we review the laws in the United States and other countries and provide examples of, and analogies to, various cost allocation models. One of the key takeaways is the importance of proportionality.

One year ago, the Resource Center for Separating and Divorcing Families opened its doors at the University of Denver to serve families in metro area. Based on an interdisciplinary out-of-court model developed by the Honoring Families Initiative, the RCSDF is operating at full-force today, helping numerous parents transition in a positive and constructive manner that better serves them and their children.

We are pleased to announce the release of a new report on the judicial nominating commissions used to select supreme court justices in 30 states and Washington, D.C. With Choosing Judges, we examine why judicial nominating commissions are established in the first place, how their structure and operation differ across the nation, and what some of the best practices might be in building public trust in the process.

The Resource Center for Separating and Divorcing Families provides an amazing opportunity for graduate students to gain real world experience not only working with clients but working with other professionals. As a dual JD and MSW student, the Resource Center seemed like the opportunity of a lifetime, and was more valuable than I could have ever dreamed.

In recent years, I have been distressed to see persistent efforts in some states to politicize the bench and the role of our judges. Working closely with IAALS and its Quality Judges Initiative, we have collaborated to promote processes for selecting and retaining state judges that inspire public trust in our courts and the integrity of their decisions. Today, I am pleased to share with you the O’Connor Judicial Selection Plan—our recommendations for protecting and strengthening the courts.

A national conversation is ongoing about the future of our civil justice system, and research is being conducted on the litigation process by a number of individuals and organizations. To help make sense of the latest research and to bring it down to a manageable size, we have created a new report that synthesizes the relevant empirical research conducted by a variety of organizations and individuals.