News & Updates

IAALS is pleased to announce "Foundations for Practice." Led by Educating Tomorrow's Lawyers, this ambitious project focuses on improving legal education and closing the gap between how students are being taught in law school and the knowledge and skills legal professionals say new graduates need to succeed.

Judicial independence is like freedom in that it is often taken for granted, and always at risk. Simply stated, judicial independence means that one branch of government is not subject to the will of the majority. That independent branch is charged with upholding the Constitution, even in the face of contrary majority will, and with protecting the rights of those not in power. What happens when judicial independence is threatened? We have a current all-too-disturbing example.

On April 24, 2014, IAALS was pleased to host its 7th Annual Rebuilding Justice Award Dinner at the Ralph L. Carr Colorado Judicial Center in downtown Denver. The evening was capped by surprise video introductions for our esteemed honorees, filmed by their wives, who each told the story of their husband’s enduring passion and dedication from a uniquely personal perspective.

The family justice system in England and Wales is undergoing its largest changes in 25 years, including a new, single Family Court to replace the three separate tiers of court that previously dealt with family proceedings. Under the new plan, a number of law centers will open throughout the country and employ law students to help divorcing couples walk through the legal process before they go to court.

With many state legislatures around the country wrapping up their 2014 sessions, IAALS Online offers this update on the progress of measures related to the selection and tenure of state judges. Developments in: Alabama, Alaska, Florida, Louisiana, Minnesota, and Oklahoma.

Inter-branch tensions in Oklahoma have escalated in recent days over the state supreme court's handling of a death penalty appeal. A member of Oklahoma's house of representatives filed articles of impeachment against five supreme court justices who voted to stay the execution of two death row inmates. Tension was already brewing between the legislature and the high court over a 2013 decision that struck down a comprehensive lawsuit reform measure.

In the world of choosing law schools, we have generic rankings and recommendations—including US News & World Report, and a number of others that have popped up over the years—which can provide a certain value, but they hardly give the whole picture. Last year, we launched Law Jobs: By the Numbers, an employment calculator that allows you to review school employment numbers based on the criteria you care about most—and with the new 2013 ABA employment numbers, we've made some big upgrades.

In 2010, the U.S. District Court for the Western District of Pennsylvania established an E-Discovery Special Masters Pilot Program with the goal of developing an approved list of special masters to assist with monitoring electronic discovery compliance, narrowing and facilitating resolution of e-discovery disputes, and providing reports and recommendations to the judge, as necessary. A recent article from Law Technology News highlights the successes of the program.

As an interdisciplinary team, the students at the Resource Center provide services to families going through separation and divorce that they cannot get anywhere else. The comprehensive suite of services provided wouldn’t be possible for any one of us to offer singlehandedly. However, when we put our heads together, so to speak, we have the ability to help families go through the entire process, beginning to end, from all angles.

Law Week Colorado recently published an article covering IAALS’ preliminary report on the Colorado Civil Access Pilot Project (CAPP). On April 7, IAALS published its first findings on the project from collected docket and survey data. The Law Week article features interviews with IAALS Executive Director and former Colorado Supreme Court Justice Rebecca Love Kourlis and IAALS Director of Research Corina Gerety.

Last week, the Alabama legislature passed a new law that addresses judicial disqualification in cases involving campaign contributors. The state is an ideal target for recusal reform. From 2000-2009, Alabama ranked first in the nation in campaign fundraising and spending for state supreme court races. The 2006 cycle alone saw $14.5 million in contributions and expenditures.

Celebrity couple Gwyneth Paltrow and Chris Martin recently announced their intent to separate, and asked for privacy during their period of “conscious uncoupling.” The term has been embraced by some as a productive shift in the way couples conceptualize divorce. Conscious uncoupling refers to a process whereby couples take an intrinsic focus as to the reasons for their divorce, rather than externalizing blame and rancor toward their partner.

Another voice has joined a growing chorus calling for more openness in the selection and evaluation of Hawaii's state court judges. Critics of the lack of transparency make some valid points about the need to shine more light on these vital processes, particularly when we consider how other states address this issue.

At the Advisory Committee on Civil Rules’ meeting last week in Portland, Oregon, the Committee voted to adopt the Duke Conference “package” of amendments, as well as a last minute revised and streamlined Rule 37(e). The Committee considered and approved for adoption the package of amendments as laid out in the Agenda Book for the meeting.

Four of the seven seats on the North Carolina Supreme Court are on the ballot in November. The current ideological balance on the court is 4-3, with a Republican majority, and three of the four seats up for election are currently held by Democrats. Commentators anticipate millions of dollars in special interest spending in the coming months.

The issue of social media and juries is not a new one, but a recent study sought to identify ways courts can minimize juror-use of social media and better protect the long-standing institution of a fair and impartial jury. The study surveyed hundreds of jurors to determine whether they felt tempted to use social media during the trial and deliberation process. Based upon feedback, the authors have specific courtroom recommendations for judges.

IAALS is pleased to announce the completion of its preliminary evaluation report on the Colorado Civil Access Pilot Project (CAPP), which tests a new set of pre-trial procedures for business actions in state district court. Our initial analysis reveals that the CAPP process as a whole has succeeded in achieving many of its intended effects, including a reduced time to disposition, increased court interaction, proportional discovery and costs, and a lower level of motions practice.

The "Plain Language Movement" has been afoot for many years in the United States, seeking to make legal documents accessible to a broad swath of intended readers. In Washington, the Pro Se Project was created to improve self-represented litigant’s access to the courts by improving pattern court forms. Twenty-four other states also have extensive plain language court forms for use in family law and other areas.

IAALS Executive Director Rebecca Love Kourlis was interviewed recently on Divorce Source Radio, a resource for individuals and families going through divorce. According to Kourlis, the challenge for IAALS and others is to explore how we can “create a system that would nurture people through it to the extent possible . . . while still achieving the separation of legal rights and responsibilities that are associated with divorce.”

With state legislatures in session around the country and considering bills that would impact the selection and tenure of state judges, IAALS Online provides this summary of where things stand at the end of March. Developments in: Alaska, Florida, Hawaii, Minnesota, Oklahoma, Tennessee, Utah, and Washington.