News & Updates

Arizona governor Jan Brewer signed a bill calling for the state’s judicial nominating commissions to submit at least five names for each judicial vacancy. As IAALS Online reported last month, some question the constitutionality of the bill, since the state constitution allows commissions to send a minimum of three names to the governor.

During a series of panels that comprised a Defending Iowa’s Courts event, the executive director of the state ACLU chapter described an organized national effort to dismantle judicial merit selection processes. The panel also discussed legislative attacks on Iowa’s courts in the wake of the Varnum v. Brien decision and expectations that the other supreme court justices who joined the unanimous opinion in the case would see retention challenges in 2012 and 2016.

In the last blog, we explained that the 77 foundations survey respondents identified as being necessary for new lawyers in the short term are largely consistent and definitive across respondents. Still, there were a few differences that highlight foundations some practice settings emphasize over others. Similarly, when we focused on private practice, we discovered only slight variations among different law firm sizes. In this blog, we explore the foundations that make up the whole lawyer for each private practice firm size category, and the differences as compared with one another and the whole lawyer overall.

The Minnesota Supreme Court continues to implement rule changes stemming from the recommendations of its Civil Justice Reform Task Force. On May 7, 2013, the Court adopted an Order authorizing the creation of a Pilot Expedited Civil Litigation Track "to promote efficiency in the processing of certain civil cases," reduce costs, and provide a quick and reduced-cost process for obtaining a jury trial when civil actions cannot be resolved by judicial decision or by settlement.

Proposals to move to merit selection for appellate judges are under consideration in both the house and senate. Supporters of the proposals believe that judges should be selected based on qualifications rather than name recognition.

IAALS’ recent publication, Redefining Case Management, provides an updated set of civil case management guidelines. Notably, the discussion surrounding strong case management by the court is not focused on the overall pace of litigation; the goals are “fair, efficient, and accountable” case management, not just faster litigation.

Our recommendations for reviewing written opinions as part of a performance evaluation program for appellate judges are featured in Trends in State Courts 2013, an annual publication of the National Center for State Courts. Drawing upon insights gained from a national conference, an expert task force, and focus groups with appellate judges and attorneys, this recommended model addresses the evaluation teams who conduct the review, the selection of opinions to be reviewed, and the criteria and process for review.

Senate Republicans filibustered for the second time an Obama judicial nominee. Only one Republican senator joined Senate Democrats in voting to end the confirmation debate, but they fell six votes short of the required sixty votes.

Through its Court Compass Design Sprint Workshops, IAALS invited self-represented litigants to work alongside local judges, attorneys, and court administrators to improve the family law court process and access to justice. Litigants in Massachusetts, Iowa, North Carolina, and Colorado answered the call.

The Delaware Legislature recently passed a resolution requesting a study to examine the possibility of opening Family Court proceedings to the public. Delaware's legislature has shown a long history of interest in opening such proceedings, beginning in 1992. The review must be complete by February 15, 2014.

Law and business students come together for a Stanford class called "The Role of the Modern General Counsel." Led by former Apple Corp. general counsel Daniel Cooperman, now of counsel in the Palo Alto office of Bingham McCutchen, the class plunged students from the law and business schools into real-world crisis scenarios as preparation for practicing corporate law.

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.

Over the past few years, IAALS has been tracking the Colorado Civil Access Pilot Project, along with numerous other rules projects across the country. These efforts are aimed at providing greater access to civil justice and at better achieving the goals of a just, speedy, and inexpensive civil justice system. This new publication explores various factors for the successful creation and implementation of new rules and processes, laying the groundwork for future developments.

The approved Pilot Project Regarding Case Management Techniques for Complex Civil Cases took effect in the Southern District of New York on November 1, 2011, and will be in place for an eighteen-month trial period. This article provides background on the project and explores its provisions.

What is it that clients value in, and want from, their lawyers? How does a lawyer meet the requirements of their clients? This information has traditionally been gathered informally and only shared internally within offices that collect client feedback. To address this gap in our understanding, IAALS partnered with Avvo to create Think Like a Client. This report uses an evidence-based approach to illuminate clients' preferences, needs, and expectations when working with their attorneys, providing valuable and much-needed insight into how lawyers can better serve their clients.

In his Voices from the Field interview, John Walsh, U.S. Attorney for the District of Colorado, encourages legal education reformers to consider new strategies to help teach students more than just legal analysis and case reading, so that they have a better idea of what to expect when they walk into a courtroom as new attorneys.

Governor Christie criticized the Democratic-led senate for not yet having scheduled confirmation hearings for the supreme court nominees he named in late January. According to a judiciary committee member, they are looking into financial issues involving one of the nominees.

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.

The New York State Bar Association is devoting a segment of its annual meeting to two themes that have emerged with increasing urgency in bar associations around the country: "Educating Tomorrow's Lawyers" and "Supporting Today's Lawyers." I'm here in New York to participate in person, but I just learned that you can tune in at 2:00 pm ET to view the full Presidential Summit, which serves as the centerpiece of the NYSBA's week-long annual meeting.