News & Updates

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.

Over the past two years, IAALS has been collaborating with the National Center for State Courts (NCSC) on a three-year project to support the modernization and transformation of civil litigation in our state courts. In October we hosted our final meeting for the Midwest Region in Kansas City, Missouri, where over 40 states and territories attended. 

Many courts across the country struggle with overburdened staff and inefficient processes. However,  those within the judiciary are now turning to technology to make their courts more efficient and narrow the equal justice gap. 

The road to recovery is arduous for disaster victims. For the increasing numbers of those victims who end up in court in an effort to recover damages, the process can be protracted and complex. Courts are quickly overwhelmed by the volume and complexity of the cases and these challenges quickly frustrate victims already struggling to rebuild. But even with a documented upswing in both the number and severity of natural disasters, it doesn’t have to be this way.

The IAALS Court Compass project is exploring streamlined and simplified solutions that help people through the divorce and separation process. After holding successful design sprints in Boston, Des Moines, and Raleigh, the Court Compass team is planning another design sprint in the Denver metro area.

The State of Oregon continues to blaze a trail in civil justice reform. A new report from the Oregon Judicial Department, released at the end of June, contains recommendations to improve civil justice in the state, and it provides a master class for other states looking to reform their own systems.

The IAALS Court Compass project is exploring streamlined and simplified solutions that help people through the divorce and separation process. IAALS is partnering with the North Carolina Judicial Branch and the North Carolina Equal Access to Justice Commission to bring a design sprint workshop to Raleigh on August 11, 2018.

As part of our three-year project to support the modernization and transformation of civil litigation in our state courts, IAALS has helped facilitate a series of regional strategic planning summits to help states develop an action plan for reform or other activities in their respective jurisdictions.

Arizona’s Supreme Court has approved numerous civil justice reforms “aimed at reducing the time and expense it takes to resolve civil cases in Arizona’s superior courts.” The reforms are based on the recommendations of Arizona’s Civil Justice Reform Committee, which was established by the Arizona Supreme Court in December 2015 to “develop recommendations, including rule amendments or pilot projects, to reduce the cost and time required to resolve civil cases in Arizona’s superior courts.”

At its annual meeting this week in New York City, the ABA House of Delegates adopted Resolution 116 urging courts to implement plans that provide meaningful courtroom experience to new lawyers. The resolution—recognizing the important role law firms and clients play in the experience, or lackthereof, that young lawyers receive—also urges law firms and clients to take advantage of those plans.

In a recent article for Metropolitan Corporate Counsel, IAALS Executive Director Rebecca Love Kourlis and Rule One Initiative Director Brittany Kauffman discuss how state court and bar leaders across the country are gearing up for major civil justice reforms using the recently released Roadmap for Implementation. The Conference of Chief Justices (CCJ) and the Conference of the State Court Administrators (COSCA) have 13 recommendations for improvements that the Roadmap guides toward implementation, in an effort to ensure that the legal system is serving those who need it.

The Rule of Law is absolutely under attack in the United States of America—from elected officials, state legislative bodies, and groups of individuals. The attacks are apparent in politicians’ tirades, legislative proposals that would limit the authority of courts, and assaults on established principles of law such as federal versus state authority. But, the solution is not to put sandbags along the perimeters and bemoan the idiocy of some people.

The last ten years has seen an intense and almost singular focus on discovery. E-discovery has been a big reason for this, given its impact on the entire discovery process from identification to production. Nevertheless, there is another important aspect to the pretrial system that also results in great cost and delay—motions.

The January 2017 edition of Family Court Review is dedicated to the Honoring Families Initiative’s Family Bar Summit: Shaping the System for the Families We Serve. The Summit, held in November 2015, brought together national thought leaders from diverse professional organizations to identify obstacles to serving children and families in separation and divorce matters and explore opportunities for meaningful change.

The Deschutes County Circuit Court in Oregon recently adopted an Informal Domestic Relations Trial (IDRT) process to improve access to family court for parties who prefer and will benefit from a simpler decision-making process than a traditional trial. The process is available to parties with attorneys as well as self-represented litigants, and is gaining support as a fair and streamlined way to resolve many family law matters.

On October 5, 2016, I was honored to be a panelist at IAALS’ joint Law Firm Council and Business Leadership Network meeting. There were three panels at this plenary session: 1) a panel of corporate in-house counsel; 2) a panel of outside counsel; and 3) a panel of judges (from both the federal bench and the state bench).

Arizona has long been a leader in civil justice reform, and last week Arizona led the way again with a set of recommendations from its Committee on Civil Justice Reform. The Committee was established by the Arizona Supreme Court in December 2015 to “develop recommendations, including rule amendments or pilot projects, to reduce the cost and time required to resolve civil cases in Arizona’s superior courts.”

The Iowa Supreme Court Family Law Case Processing Reform Task Force recently submitted its final report to the Iowa Supreme Court, concluding a year-long study of the family law court system in Iowa. The Task Force report includes a comprehensive list of recommendations for the Iowa Supreme Court’s consideration, including develop a statewide mediation program for family law cases and identifying barriers to using and encouraging the use of unbundled legal services.

Despite efforts by courts, communities, and bar associations around the country, there remains a serious need for tools that provide self-represented litigants with easy access to the information and resources required to appropriately navigate the court system. Technology is increasingly being leveraged in self-help solutions, and the concept of the litigant portal is at the core of this strategy.

For the last ten years, IAALS—the Institute for the Advancement of the American Legal System—has worked to rebuild the civil justice system. After much work, and through collaboration with some of the very best minds in the country, we are finally reaching a critical goalpost in that mission.