News & Updates

IAALS has launched a new project to help courts more quickly resolve the anticipated wave of business interruption insurance cases stemming from COVID-19-related closures and losses. The project will develop pattern discovery protocols specific to these cases, in an effort to reduce conflict and cost and to help both businesses and insurers alike reach a quick resolution.

In a recent article, IAALS Board of Advisors Member Jeremy Fogel challenges federal courts to use the data and information gathered through COVID-19-related emergency measures to evaluate and implement more modern court processes going forward. The federal courts’ remote technology response is unprecedented in its history, and they have a unique opportunity to seize on this change.

IAALS and the NCSC have finalized a three-year project with the release of their new report highlighting the experiences of four states—Idaho, Maine, Missouri, and Texas—as they worked to implement change in their courts. The recommendations can provide critical support to courts facing unprecedented need for change during the COVID-19 pandemic.

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.

On April 10, the State Justice Institute hosted a webinar to launch its new Funding Toolkit for State Courts and Justice System Partners. The toolkit is designed to support courts and their partners as they pursue federal and philanthropic funding opportunities, and includes resources that cover the entire grant-seeking writing and management process.

The Advisory Committee on Civil Rules met virtually on April 1 and covered a number of different updates and discussion topics, including proposed amendments to Rule 30(b)(6). And, instead of the usual legislative update, Judge Bates provided an update on recent pandemic-related events related to the Committee. 

New Mexico is one of the latest states to look to regulatory innovation to increase access to legal services. On January 24, the state supreme court approved a number of recommendations, including enlisting nonlawyer court navigators to assist self-represented litigants in navigating the system. 

Courts across the country continue to exhibit incredible flexibility in the wake of the COVID-19 pandemic. Now that shelter-in-place and stay-at-home orders have been enacted in many parts of the country, judges and lawyers alike are looking for ways to keep court cases and processes moving. 

The United States of America leads the world in many areas of democracy, technology, economy, and culture, but what holds back American citizens from accessing justice when they need it? In times of extreme uncertainty, such as the current COVID-19 pandemic, this is a critical question.

In January, the Association of Family and Conciliation Courts' Family Court Review published an article highlighting the key takeaways, proposals, and results from last spring's Plain and Simple: Making the Legal System Accessible to All conference. The conference was directed at the immense need for plain language and simplification reform efforts, and was co-sponsored by IAALS.

Imagine a legal sector neatly divided into two groups: the Rule Makers and the Risk Takers. With evidence piling up that the legal market is not working for ordinary citizens, the Rule Makers come together to evaluate possible changes. After the new rules are enacted, the burden shifts to the Risk Takers to build out workable solutions.

The ABA has created a task force to identify legal needs arising from the COVID-19 pandemic and to make recommendations to address them. Meanwhile, state and federal courts continue to rapidly respond to the impacts of the virus. 

In January 2019, IAALS published recommendations for improving dispositive motions practice in state and federal courts, calling for a new paradigm for motion practice in the United States. Now, judges around the country are answering the call.

​As the number of cases of COVID-19 in the United States rises, both state and federal courts are preparing for how they will (or won’t) continue operating should more people quarantine and many other functions of public life temporarily shut down.

People look to our legal system for help in matters that affect their rights, their families, their businesses, and the most intimate aspects of their lives. But, for too long and for too many, the courthouse doors seem closed—and justice out of reach. IAALS is changing that. We are proud to present you with our 2019 Annual Report, which highlights our work and accomplishments toward ensuring that everyone has access to justice we can believe in.

In today’s increasingly busy and connected world, electronic notifications play a significant role in keeping us up to date. One would expect that due to the serious nature of court proceedings that the courts would be up-to-date with messaging or other communication capabilities, but unfortunately that is not the case. However, many courts are beginning to change that reality.

To address the challenges posed by the rising number of debt collection cases in our state courts—including high rates of self-represented litigants and default judgments—IAALS and the National Center for State Courts have released a new white paper that presents a model approach to reform in these cases.

This week, the ABA House of Delegates passed Resolution 115, encouraging regulatory innovations to expand access to justice. The ABA now joins the Conference of Chief Justices in this call to action—putting bar leadership on this issue on par with the leadership shown by the courts.

The National Self-Represented Litigants Project has released its 2018/2019 report on the demographics of SRLs in Canada, including their income, education level, party status, and experience with legal services. While some of the results may come as no surprise, others are more eyebrow-raising.

 

On January 1, 2020, Michigan implemented its first major overhaul of its civil discovery rules in nearly forty years. A State Bar Association Committee was formed in 2017 to evaluate the current rules and recommend amendments that could help increase access to the courts; as a foundation to its work, the Committee looked to the 2015 federal civil rule amendments, the discovery innovations in other states, IAALS’ research and recommendations, and the Conference of Chief Justices’ national recommendations for state reform.