News & Updates

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.

The National Center for States Courts has released the first in a series of evaluations of civil justice reform demonstration pilot projects around the country. The pilot, in the Eleventh Judicial Circuit Court of Florida, focused on implementing civil case management teams (CCMTs)—an innovative court staffing model that delegates case management responsibilities across a team of judges and staff.

It is no secret that divorce poses significant problems for those who go through the legal process. The adversarial nature of the legal process can put people at odds with one another and the courts are not well-positioned to provide emotional and future-planning support. IAALS has released a new report detailing the evaluation of our out-of-court model aimed at addressing these challenges for families with children.

The best lawyers are not the ones that leave “no stone unturned” but rather they are the ones who know which stones are critical to the outcome of the dispute. This type of professional judgment lies at the core of every successful litigator, and this message is reinforced loud and clear in IAALS’ Recommendations for Improving Dispositive Motions Practice in State and Federal Courts.

Each month, the Colorado Lawyer publishes a “Judges Corner” article written by judges on a topic in which they are experts. This month, IAALS teamed with two judges to tackle the topic of unbundling and the important role that judges must play in promoting and encouraging its use.

As state courts around the country have been responding to the Conference of Chief Justices' 2016 Call to Action for civil justice reform, IAALS, NCSC, and NCJFCJ also have been focused on developing companion recommendations for evaluating and improving the way courts handle domestic relations cases, which have just been released.

In an important step toward making family courts more user-friendly and less adversarial, the Conference of Chief Justices has adopted new guidelines to help courts be more responsive to the needs of families.

“Justice for all.” It is a promise of American democracy and enshrined in our Pledge of Allegiance. And yet, it is not a reality. IAALS wants to change all of that. We are proud to present you with our 2018 Annual Report, which highlights our work and accomplishments within this important context.

Judges and attorneys from across the country point to dispositive motions as a critical area for reform. Today, IAALS announces the release of a new report, Efficiency in Motion: Recommendations for Improving Dispositive Motions Practice in State and Federal Courts, calling for a new paradigm for motion practice in the United States. The report is the culmination of nearly three years of research, surveys, and expert input into the opportunities for improvement and innovation.