News & Updates

In May, the National Center for Access to Justice published the latest iteration of the Justice Index, a national survey of state civil justice policies. Based on an examination of policies across four civil justice areas—attorney access, support for self-represented litigants, language access, and disability access—the index assigns a score to each state.

Throughout the past year, our courts have been engaged in informal pilot projects—they’ve tried out different technologies and processes, all in an effort to continue the administration of justice amid the pandemic. Now, we have the opportunity to learn from this experience and chart a path forward long term.

In May 2021, amendments to the Utah Rules of Civil Procedure went into effect, several of which provide better notice of parties’ rights and obligations at the outset and throughout a lawsuit. The rule amendments are also paired with forms that include notice of rights in plain language and in multiple languages.

In March, IAALS wrapped up our Pandemic Positives Speaker Series, bringing together a number of courts and legal service providers who, in the wake of the COVID-19 pandemic, quickly implemented new processes for providing both in-person and virtual services to ensure access to information and assistance.

Over the past year, we have processed three wrenching national experiences. At IAALS, we have imagined the experiences as tests. Because we aspire to advance the American legal system, we have sought to answer these tests together—and for the sake of our shared mission.

Civil jury trials have been few since the pandemic began. Cases stalled and slowed, phone conferences and Zoom replaced in-person hearings, and deadlines were extended. How did courts handle the tension between civil rules and procedure on the one hand, and the fundamental right to a jury trial on the other? And, what will stick?

The Chicago Bar Foundation has put together a new toolkit for Illinois attorneys who would like to offer unbundled legal services to potential clients with civil matters in trial court. The toolkit helps attorneys to determine whether or not a litigant is a good candidate for bundling, provides attorneys with talking points, and contains other practical materials.

Andrew Arruda has joined IAALS as its first-ever entrepreneur-in-residence. Arruda is initially focusing on the organization’s legal education and legal profession efforts, including the Unlocking Legal Regulation and Foundations for Practice projects.

The last twelve months have been an unforgettable crucible. At IAALS, we have taken a hard look at our work and what it will take to build a better legal system for everyone. Our 2020 Annual Report illustrates our ability to foster the change we need—and our capacity to do even more.

The future of our justice system will depend on a new model for leadership among the judiciary, including proactive engagement of the issues, multidisciplinary approach to solutions, innovative and creative thinking, data-informed policy making, and the courage and vision to get ahead of problems and explore new solutions—all directed towards being responsive as possible to the needs of the people.

The closing of courthouses in response to the pandemic complicated both the traditional collection and interpretation of judicial performance evaluation data. However, state courts’ adoption of new technologies over the past year has created fresh opportunities to improve JPE data collection, analysis, and dissemination going forward.

Last month, IAALS kicked off our Pandemic Positives Speaker Series, bringing together a number of courts and legal service providers who, in the wake of the COVID-19 pandemic, transformed their day-to-day operations to continue serving the public throughout this critical time.

Throughout the past ten months, our justice system has made giant strides in its use of technology, including video- and tele-conferencing, e-filing, remote jury trials, and online dispute resolution. The question now faced by many courts is: are these digital processes working like they’re supposed to?

The pandemic has affected our civil justice system in many ways, yet perhaps the most important role access to justice entities can play in the near future is to advocate for the retention of remote access systems for court appearances as well as for the delivery of legal and self-help services.

On December 31, 2020, U.S. Supreme Court Chief Justice John Roberts issued his annual year-end report on the federal judiciary. In it, he lauds the flexibility and innovation shown by courts across the country as their operations were upended by the COVID-19 pandemic.

2020 revealed that most of us are swimming naked when it comes to our ability to meaningfully access our justice system. 2020 certainly exacerbated issues, but its true effect and power was revealing our society’s not-so-secret dirty secrets: systemic racism, growing income inequality, the failing U.S. healthcare system, and a justice system that only serves a small minority of Americans.

Last week, IAALS and our project partner HiiL cohosted a series of virtual Justice Data Lab meetings with our US Justice Needs Advisory Committee and a few additional partners. In August launched the individual survey of legal problems, receiving responses from 10,000 individuals from across the United States, and we are now analyzing the data.

Earlier this month, IAALS Manager Michael Houlberg joined Presiding Judge Clemens Landau of the Salt Lake City Justice Court for a webinar that covered new ideas and practices that legal service providers have developed from the COVID-19 pandemic—many of which may bolster the justice system long into the future.

In June of this year, HiiL surveyed thought leaders in the justice sector about what it would mean to deliver justice during the COVID-19 crisis. The goal was to collect real-time data about justice needs and innovative responses to the pandemic, including the kinds of problems expected to increase and the ways justice institutions in various countries were already responding to them. 

In the past few months, there have been encouraging updates in several states aimed at more effectively addressing the legal needs of disaster survivors. Two states—Louisiana and Texas—implemented various tools to help streamline litigation arising from these disasters.