News & Updates

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.

We join countless others in wishing retired Justice Sandra Day O’Connor all the best today on her 90th birthday. Her life's journey has been remarkable, from her historic appointment to the Supreme Court to her inspiring civics and judicial selection achievements. IAALS and the public have benefited greatly from her efforts.

In a recent op-ed, Joanne Slotnik, former executive director of the Utah Judicial Performance Evaluation Commission, touts the state’s successful judicial selection system, which includes robust performance evaluation for judges and retention elections by the public.

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.

Efforts to re-regulate and innovate legal services took a major step forward last week at the Conference of Chief Justices’ midyear meeting, where members adopted Resolution 2. With the adoption of this resolution, CCJ adds its voice to the chorus calling for solutions to close the justice gap and rethinking the current regulatory framework to improve and expand the legal services offered to the public.

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 Ohio, state judges are currently chosen in nonpartisan general elections (although they do compete in partisan primaries). But House Bill 460 would allow judicial candidates to place their party affiliations directly on the general election ballot. If the measure becomes law, Ohio would be the second state in recent years to move from nonpartisan to openly partisan elections. 

The role of technology and the Internet in our legal system is changing just as fast as technology and the Internet itself. And social media can be a minefield when it comes to impartiality. 

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?

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.

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. 

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.

Nevada, which directly elects nearly all of its state judges, has never implemented an official judicial performance evaluation program. Instead, between 1992 and 2013, the state’s largest newspaper conducted its own surveys of attorneys in Clark County regarding judges seeking reelection until their survey methodology came under sharp criticism. Now the surveys are set to return, with some significant retooling.

As state courts work to serve the substantial numbers of litigants who navigate the civil and family court process without an attorney, they are taking a variety of approaches. One approach is the use of “nonlawyer navigators.” A recent study from the Justice Lab at Georgetown Law Center identified and analyzed 23 nonlawyer navigator programs and provides recommendations.

In April 2019, the California State Auditor filed her report on an investigation into the Commission on Judicial Performance, the state's judicial conduct body. There is growing interest nationally in judicial misconduct and the entities in each state (and federally) that investigate complaints, and in 2018, IAALS prepared its own Recommendations for Judicial Discipline Systems.