News & Updates

A couple of years ago at Aspen, Margaret Marshall, who retired as Chief Justice of the Massachusetts Supreme Judicial Court in 2010, issued a chilling warning about how nations lose the rule of law. Marshall, who spent her early years in apartheid South Africa, said that when the rule of law goes, it does so “astonishingly quickly. The current election cycle brings to mind Marshall’s admonition, and in particular, the allegation that the “game is rigged”  leads again to considering the kind of corruption that campaign donations foster: The Citizens United Problem. The case has become a dog whistle on both sides. Progressive surrogates suggest that if only the case could be reversed, the flow of donations from corporations to political campaigns would cease, and with it corruption of the process. On the other side, conservatives caution that to cease the flow of funds would eviscerate the First Amendment guarantee of free speech. And guess what, both sides use the parade of horribles to—you got it—raise money.

"Courage is rightly esteemed the first of human qualities, because, as has been said, 'it is the quality which guarantees all others.'" —Winston Churchill. I agree with Churchill—who knew a thing or two about courage—that it is the quality that permits us to exercise whatever other virtues we possess. This is true for everyone, but especially for judges. No one can be a great judge, or even a good one, without the courage to do what what the law demands, even in the face of tremendous pressure to do otherwise.

The judicial screening and nominating process, used to select judges in two thirds of the states, is one area in which implicit bias may have a negative impact. This potential is addressed in a great new resource from the Brennan Center for Justice at NYU Law School, which provides nominating commission members with concrete guidance on the steps they can take to promote a more diverse bench.

A recent study by the American Constitution Society for Law and Policy (ACS) is shedding new light on the demographics of state judiciaries across the country. The Gavel Gap project collected data based on the race, ethnicity, and gender of 10,000 sitting state court judges, and then analyzed how closely each state’s bench reflects its population.

This November, five of the seven justices on the Kansas Supreme Court are standing for retention, and many court watchers in Kansas and around the country are anticipating a no-holds-barred election battle. The supreme court on one side and the governor and legislature on the other have been at odds for the last several years over court decisions involving school funding and capital punishment.

In time for the election season, IAALS today announced a new toolkit designed to educate voters about the performance record of judges up for retention. Judges Aren’t Sexy: Engaging and Educating Voters in a Crowded World is available immediately for states to use in their voter education efforts. In many states, voters have the right to decide which judges stay on the bench and which do not. However, getting readily understandable information about a judge’s record into the hands of voters has been difficult, until now.

It has been my honor to participate in IAALS’ Quality Judges Initiative as a member of the O’Connor Advisory Committee. Much of my time serving as President of the American Bar Association in 2008-2009 was devoted to efforts to assure adequate funding for the judicial branch of government and to improve judicial selection in order to assure fair and impartial courts; service on Justice Sandra Day O’Connor’s committee was a logical following step after my term as ABA President ended. As a member of the O’Connor Advisory Committee, I have seen firsthand how QJI brings focus to the national debate on judicial selection issues and challenges. We have members who give perspective to the issues from various diverse backgrounds in order to come up with workable recommendations on judicial selection and judicial performance evaluation.

As IAALS celebrates its tenth year, the Denver Business Journal sat down with Executive Director Rebecca Love Kourlis to recap her motivation for leaving the Colorado Supreme Court and founding IAALS, and the impacts made over the last decade.

It’s that time of year again, when state legislatures are in session and lawmakers who are dissatisfied with the judiciary and some of its decisions are proposing changes in how judges are selected. This is nothing new: the O’Connor Judicial Selection Plan, which calls for commission-based appointment of judges, has been under attack in a number of states, and there seems to be a pattern to the attacks.

This year marks the 10th anniversary of IAALS’ work to continuously improve America’s legal system and reestablish it as the aspirational model for justice globally. To mark this milestone, IAALS celebrates both its accomplishments and its bright future, all while tackling the most critical issues of the day. Having a trusted and trustworthy legal system is essential to our democracy, our economy, and our freedom. IAALS staff, founders, partners, sponsors, and advisors all recognize that to earn that trust, the legal system must be just, impartial, and responsive.

On the occasion of IAALS’ 10th anniversary, I’ve been reflecting on the strength of our partnership over the years, and on the value of that partnership as our shared work for fair, high quality courts takes on ever-greater significance. Justice at Stake is a nonpartisan, nonprofit organization working to keep America's courts fair and impartial. We work for reforms to keep politics and special interests out of the courtroom—so judges can protect our Constitution, our rights, and the rule of law. As you can see, our mission aligns pretty perfectly with that of IAALS and its Quality Judges Initiative.

In April, there will be a vacancy on the U.S. District Court for Colorado due to the impending retirement of Judge Robert Blackburn. As with all Article III judgeships, the President will nominate someone to fill the seat, and that person must then be confirmed by a majority of the Senate—no small task in the final year of President Obama’s second term and with divided government.

Citing concerns about the erosion of “citizens’ and businesses’ confidence in the integrity of their judges,” a new report from the Committee for Economic Development calls for states to replace judicial elections with elements of the O’Connor Judicial Selection Plan.

When spending in the Pennsylvania Supreme Court election surged to more than $16.5 million this month, it set a new record in U.S. history. Although, while it was record-breaking, this election was no aberration. Its sky-high spending, ad war among special interests, and dominance by candidates who spent the most all fit into a pattern.

The Supreme Court of India recently struck down a new law that sought to increase the executive branch’s power over the selection of judges. The Court ruled the National Judicial Appointments Commission Act unconstitutional, commenting that “once the constitutional structure is shaken, democracy collapses.”

November 2015 is the 75th anniversary of the Missouri Plan, an innovative approach to selecting state judges intended to preserve their impartiality while holding them publicly accountable for their performance on the bench. First adopted by Missouri voters in 1940, this process is now used to select at least some judges in two-thirds of the states.

Colorado Senator Michael Bennet has announced the formation of a bipartisan screening committee to consider potential nominees for an upcoming vacancy on the state’s federal trial court. We at IAALS are pleased that, as Senator Bennet states in his…

In response to record-breaking judicial election spending, and an unprecedented series of scandals involving supreme court justices, reform-minded folks in Pennsylvania are making historic strides toward change.

According to a new study by Reuters, in states where supreme court justices are elected and reelected by the voters, justices uphold death sentences more often than their counterparts in states where justices stand for retention or reappointment…

With the leadership of Chief Justice Maureen O’Connor, a coalition of groups in Ohio has launched a new website—Judicial Votes Count—to better educate voters in judicial elections. The site offers information about the structure of the Ohio court system and the role of judges in that system, as well as details about how to vote in Ohio.