News & Updates

Public trust and confidence in our judiciary, and our judges, is vital. Yet, over the last several decades, that trust has been eroded. For people to trust judges again, we must ensure a series of pillars are in place: improved ways of selecting judges; improved ways of evaluating judges’ performance; and improved systems for disciplining judges who abuse their power—which is the subject of a new IAALS report.

We have never been busier at IAALS, with projects and convenings ramping up across all of our focus areas. To help facilitate this work and expand our impact nationwide, we are pleased to welcome three new staff members to our ranks. Jonna Perlinger joined IAALS in March as a legal assistant, and Michael Houlberg and Jason Zolle joined IAALS in June as managers.

Much has been done over the past five years to address the cost and delay in the civil justice process, and much of that work has focused on discovery. Recognizing that there are equal challenges and opportunities for improvement in the area of motions practice, IAALS has focused on understanding the current motions landscape and issuing recommendations for improvement. In this effort, IAALS has released a new report intended to spark a national conversation about the current challenges of summary judgment.

IAALS’ own Natalie Knowlton was recently interviewed for a Chicago Tribune advice column for self-represented litigants about the problems they face and the tools available that can help increase access to justice for those navigating the legal system without a lawyer.

Changes in recent years to California’s budget, priorities, and policies have resulted in a focus on criminal over civil matters. In the yearly State of the Judiciary address, however, California Supreme Court Chief Justice Tani G. Cantil-Sakauye highlighted some of the ways California is planning to improve access to justice in its courts. Among them: better meeting the needs of self-represented litigants.

America’s civil justice system is failing to deliver on the promise of a just, speedy, and inexpensive resolution in every case. However, by taking charge of cases from their beginning to end, courts have the power to change that. IAALS’ latest report, Redefining Case Management, offers strategies to help the courts take charge of the delivery of justice in response to the changing landscape in our courts.

Judicial performance evaluation (JPE) took center stage in the Fall/Winter 2017 issue of Voir Dire, the American Board of Trial Advocates’ magazine. The cover story, written by IAALS’ own Rebecca Love Kourlis and Natalie Knowlton, discussed JPE programs in place today around the country and how trial attorneys, in particular, fit into those processes. As one part of the larger O’Connor Judicial Selection Plan, JPE programs assess judges based on objective performance criteria, including surveys of those who work with or appear before the judge being evaluated. Kourlis and Knowlton note that trial attorneys have a unique and critical role to play in these surveys.

What do clients want from their attorneys? The answers to that question would seem to be key to understanding how to improve the quality and diversity of legal services. Identifying what clients value in their lawyers has been a challenge because clients are difficult to identify and survey. But, now we have a source of precisely the information we need. IAALS, the Institute for the Advancement of the American Legal System, is partnering with Avvo, an online legal services marketplace, on a new project: “Think Like a Client.” This first-of-its-kind effort was announced today from the 6th Annual Educating Tomorrow’s Lawyers Conference.

Last night, Educating Tomorrow’s Lawyers Director Alli Gerkman was honored at the 12th Annual Raising the Bar Dinner hosted by the Colorado Women’s Bar Association Foundation. Each year, the CWBA Foundation honors women lawyers “who have made a difference in our communities and have ‘raised the bar’ for all of us.” With over 400 people in attendance, Alli was honored along with four other women attorneys for their work to raise the bar through reform or innovation “that has significant systemic impact.”

Questions about when judges should recuse themselves from hearing cases—usually because a party perceives their ability to be impartial to be in doubt—have drawn renewed attention recently due to high-profile cases and closely divided U.S. Supreme Court decisions. For example, the high court ruled last year in Williams v. Pennsylvania that a defendant was denied a fair hearing in a capital case when the state’s chief justice did not recuse himself, because decades earlier the justice had prosecuted the case as then district attorney.

In three quarters of all civil cases, at least one party is going to court without an attorney and navigating a legal system not designed for the layperson’s use. To help potential litigants, some courts are leveraging technology and developing websites and portals that offer a vast amount of information and resources. However, these offerings vary widely in courthouses across the country. With the goal of helping bridge what has become an access-to-justice gap, IAALS today announced the release of Court Compass: Mapping the Future of User Access Through Technology, a compendium and analysis of court-offered solutions for self-represented litigants (SRLs), along with maturity models to guide the development of integrated solutions in courts nationwide.

During a recent gala in Denver, IAALS presented El Pomar Foundation, William J. Hybl, and Kyle H. Hybl with our highest honor, the Rebuilding Justice Award. El Pomar Foundation and the Hybls were recognized for their generous support of our DIAALOGUES series of convenings, which have helped expand our impact and the impact of our work on a national scale. These remarkable gatherings are a hallmark of IAALS' process and bring together key stakeholders to forge practical solutions to the most pressing challenges in today’s legal system.

Robust evaluation of judges has a dual purpose. It educates judges on their strengths and weaknesses on the bench and equips them to make necessary improvements. It also empowers voters, legislators, and governors with meaningful information they can use when deciding whether to retain or reappoint judges. Across the country, people are struggling with how to gauge whether a judge is doing a good job.

The latest IAALS report offers insights for legal employers and aims to close the employment gap. Many legal employers still rely on criteria like class rank, law school prestige, and law review participation to inform hiring decisions, but how effective are those criteria in making good hires? A study released today by IAALS, the Institute for the Advancement of the American Legal System, finds that when it comes to hiring “the whole lawyer,” experience matters. IAALS’ latest report, Hiring the Whole Lawyer: Experience Matters, continues to share insights from a study of more than 24,000 lawyers that promises to inform the way new lawyers are educated and hired.

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."

A just-released report recommending concrete improvements in the American civil justice system has been endorsed by the Conference of Chief Justices (CCJ), the country’s association of top state judicial leaders. The report—released last week at CCJ’s annual conference in Jackson, Wyoming—calls on state judicial leaders to implement 13 recommendations.

Today, aspiring lawyers across the country will sit for a bar examination that is intended to test their preparation for practice and will determine whether they will join the ranks of the legal profession this fall. While the bar examination has long been the measurement of what law graduates need in order to enter the profession, the profession and legal employers have nonetheless questioned its efficacy and the efficacy of legal education as a whole in actually preparing new lawyers. Many believe that American law schools are graduating lawyers unprepared to meet the demands of modern practice. Yet knowing what new lawyers need to succeed, and how they can acquire it effectively, was elusive until now.

Today, IAALS released a new report that finds family law attorneys, as stewards of the justice system, are uniquely positioned to best drive much needed change within the system. The Family Law Bar: Stewards of the System, Leaders of Change provides a blueprint for attorneys to help lead change in the system for their clients. It resulted from a groundbreaking summit that united a diverse group of national leaders around the shared goal of identifying obstacles and finding solutions that reshape the divorce and separation process so it better serves the needs of children and families.

Today, IAALS unveiled two new reports—one of which captures the experiences of litigants navigating U.S. family courts without attorneys, and the other makes recommendations for courts and others to help better serve these litigants. There is broad consensus that, in some courts, upwards of 80–90% of family cases involve at least one self-represented party. In many instances, when parties are not represented, difficulties arise for litigants and courts alike. Cases Without Counsel highlights a very real justice gap and gives urgency to the challenge of creating client-centric family law courts and processes.