News & Updates

As a member of the California State Bar Task Force on Access Through Innovation of Legal Services, I’m often asked how things are going with ATILS and what is coming next. Considering the recent increase in news coverage of our efforts, the critical feedback received to date, and with the Task Force recently being named to the 2020 American Bar Association’s list of Legal Rebels, I thought it was the right time to put together this quick blog post to provide everyone with an update from the Golden State.

More and more courts are working to address backlogged cases and court users' dissatisfaction. In just the last few months, several Midwestern courts have taken steps to introduce more technology into their courts, removing barriers that many litigants face, especially those who represent themselves.

Artificial intelligence is no longer just the stuff of science fiction, as more and more entities globally—courts included—are exploring how AI can be utilized to improve processes and help customers solve problems more efficiently. The introduction of AI into courtrooms is exciting, yet it also raises numerous concerns and questions from the legal community.

In my first three months as Executive Director of IAALS, I have been able to visit with many of our partners and supporters in Colorado and across the nation. I’ve enjoyed these meetings and the uniformly encouraging welcome. When I introduce myself, three questions often follow: What drew me to IAALS from the Arizona Supreme Court? Do I miss being a judge? And what are my initial impressions and goals?

IAALS’ Court Compass project is all about incorporating user-centric design into courts’ reform process to engage and empower litigants in creating solutions and to help improve their trust and confidence in the legal system. The results of IAALS’ model workshops were just released in a new report, titled Redesigning Divorce: User-Driven Design for a Better Process.

Small and mid-size business owners struggle with access to justice issues just as individuals do, with real ramifications for their businesses and their communities. Through the US Justice Needs project, IAALS will be surveying businesses, from small to large, so that we can better understand justice needs from their perspective. 

IAALS is excited to announce the creation of a new Advisory Committee in support of its US Justice Needs project, which is conducting research to assess the justice needs of people and businesses in the United States. The Advisory Committee will inform the work of the project, including assisting in tailoring HiiL’s individual survey for administration in the United States and developing a survey for businesses.

In late September, the Indiana Supreme Court announced the creation of the Indiana Innovation Initiative. One of the initiative’s two subgroups, the Family Law Taskforce, will consider the Family Justice Initiative Principles supported by IAALS in order to improve the way Indiana’s courts handle domestic relations cases.

Online dispute resolution platforms have existed for over two decades and have carved out an important and expanding role in the legal landscape. The 2019 International ODR Forum was held last month in Virginia, during which IAALS team members participated in discussions about the future of ODR.

We at IAALS are among the many saddened by the untimely passing last week of Mark Cady, Iowa's Chief Justice. He had served as a judge for some 33 years, during which time he defended the importance of judicial independence and civic education as well as worked tirelessly to improve our nation's state family courts. 

Colorado's first federal pro se clinic, which opened in June 2018, was recently approved to continue its work offering limited-scope individual services. The clinic's goal is to help unrepresented people navigate the complex federal court system in cases involving civil rights, labor and employment law, contracts, personal injury, and other areas of federal and state law.

In partnership with national experts, IAALS has developed three new guides to support real change in state courts. Stemming from our work on the Civil Justice Initiative and Family Justice Initiative, the guides are designed to assist in creating effective self-help information for those who need it, developing problem-solving approaches for families in court, and providing insight for judges who interface with self-represented litigants.

In response to the Conference of Chief Justices' Call to Action, the Oregon Supreme Court's Civil Justice Improvements Task Force has supplied dozens of recommendations for improving civil justice, including ways to better protect consumer debt defendants. In August, Oregon implemented new procedures for tracking consumer debt collection cases and directing consumer debt defendants to the Oregon Courts website for questions and support for their case.

The American legal profession is at a crossroads. We cannot continue to expect people to confront legal problems without legal advice. IAALS’ new Unlocking Legal Regulation project is taking a bold step forward and laying the foundation for a consumer- and people-centered legal regulatory system that opens the door for more service providers, more legal services, and more sustainable practices in the marketplace.

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.

NCSC's 2019 Trends in State Courts explores various ways to make state court processes both more user-friendly and relevant, from newly developed apps providing people with access to legal advice to remote technology options providing better access to justice for self-represented litigants. 

In the first-ever, broad-based research of its kind, IAALS is partnering with HiiL to assess the justice needs of people and businesses in the United States. The issue of access to justice is broader and deeper in our society than has historically been recognized. What we learn will provide the insight we need to reform the American legal system and tailor services to meet the needs of all users.

With heavy hearts we share the news of IAALS Senior Director Alli Gerkman’s passing after a long battle with cancer. There are no words that can adequately convey who Alli was—and who she was to us. Alli was a force of nature. She was a captivating presence and was remarkable in her ability to connect with others. Alli knew how to get things done and how to make things work. She knew what it meant to work hard and to laugh harder. She was a teammate and a friend. And she has left an incredible legacy.

From smartphones to video conferencing, there are numerous technology options that are simple, effective, and could make a great deal of difference in court users' experiences. IAALS' Eighteen Ways Courts Should Use Technology to Better Serve Their Customers explores some of these options and their potential impact on our civil justice system. 

Between 2016 and 2018, 11 states were awarded grants under the Justice for All Initiative. Now they've completed their strategic planning processes and are ready to begin the implementation phase, with common themes among plans being use of technology, strong governanance, and internal and external communications.