Expert Opinions

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.

In the world of choosing law schools, we have generic rankings and recommendations—including US News & World Report, and a number of others that have popped up over the years—which can provide a certain value, but they hardly give the whole picture. Last year, we launched Law Jobs: By the Numbers, an employment calculator that allows you to review school employment numbers based on the criteria you care about most—and with the new 2013 ABA employment numbers, we've made some big upgrades.

As an interdisciplinary team, the students at the Resource Center provide services to families going through separation and divorce that they cannot get anywhere else. The comprehensive suite of services provided wouldn’t be possible for any one of us to offer singlehandedly. However, when we put our heads together, so to speak, we have the ability to help families go through the entire process, beginning to end, from all angles.

Another voice has joined a growing chorus calling for more openness in the selection and evaluation of Hawaii's state court judges. Critics of the lack of transparency make some valid points about the need to shine more light on these vital processes, particularly when we consider how other states address this issue.

For the second year in a row, the U.S. News and World Report's 2015 law school rankings have taken advantage of the rich employment data now made public by the American Bar Association. But as the Economist noted last week, the rankings have not yet made use of an interesting piece of data the ABA has published: whether student jobs reported by schools were funded by law schools.

Access to justice is by no means a new conversation in the United States, but it has been a frequent topic of conversation over the last few months. The issue took to the international stage last Thursday and Friday when the United Nations Human Rights Committee asked the U.S. to account for its growing civil justice gap, with two worrisome trends dominating the discussion.

Recently, Natalie Knowlton and I provided an update to the Colorado legal community on the Resource Center for Separating and Divorcing Families at the University of Denver—a model with national implications. The Resource Center was developed by the Honoring Families Initiative as an out-of-court alternative for families. I encourage readers to become familiar with our program and the impact we have had to-date.

HB 3380 would establish a judicial performance evaluation program for Oklahoma’s appellate and trial judges, and is remarkably similar to processes that already operate successfully in seven states where judges appear on the ballot, as they do in Oklahoma. The contemplated JPE program in Oklahoma is objective, broad-based, and apolitical, and an improvement on existing processes.

A recent survey asked respondents for their opinions on both court and non-court proceedings for divorcing couples. Overall, only 51 percent of those surveyed indicated they would consider non-court alternatives and only one-fourth believed that non-court proceedings protect parties’ rights. These findings suggest a lack of understanding about out-of-court solutions for families that are often less stressful and less expensive than lengthy in-court proceedings.

Jurors have a unique perspective on our legal system. Recently, I had the opportunity to speak with someone who served on a jury this fall in California Superior Court. He had some suggestions as to how things could have been handled differently. We at IAALS hope judges and attorneys are listening. These techniques are already in use in many courtrooms across the country—but not all.

At our 2nd Annual Educating Tomorrow's Lawyers Conference, we honored Bill Henderson with our Educating Tomorrow's Lawyers Award. Afterward, he delivered a keynote address (video here) focused on the significance of the role played by legal educators and the change that is coming. Talking about his own experience with a professor as a later-in-life college senior, he said that educators have the power to "flip the switch."

The ETL survey found that many law schools have been making changes in their curricula, and among the prominent areas of change are the curricula in the second and third years of law school and the introduction or expansion of course work focused on practical skills (especially the creation of new clinics and certificate programs). We need research that looks at such programs in detail to see what difference, if any, that they make.