News & Updates

People for the American Way lauded the work of a federal judicial screening committee established by Senators Udall and Bennet to assist them in recommending to the White House a replacement for a retiring U.S. District Court judge. Upon learning of Chief Judge Wiley Daniel’s plans to take senior status, the senators reactivated the 11-member bipartisan panel they have used for two previous vacancies.

Based on its decade of work in the field of judicial performance evaluation (JPE), IAALS was invited to contribute a chapter on this topic to the recently published 8th edition of the American Bar Association’s The Improvement of the Administration of Justice.

Conservative lawmakers are expected to pursue a change in the process for selecting Kansas’ appellate judges in 2013. Critics of the current process believe that lawyers have too much control, with five of the nine members of the judicial nominating commission elected by the state bar association.

IAALS board member Daniel Ritchie is the recipient of the Woodrow Wilson Award for Public Service. The Woodrow Wilson Awards, offered by the Woodrow Wilson International Center for Scholars of the Smithsonian Institution, recognize leaders in government, business, science, the arts, and beyond who have embraced openness, dialogue, and service in confronting the issues of their day on the local, national, and international levels.

In three quarters of all civil cases, at least one party is going to court without an attorney and navigating a legal system not designed for the layperson’s use. To help potential litigants, some courts are leveraging technology and developing websites and portals that offer a vast amount of information and resources. However, these offerings vary widely in courthouses across the country. With the goal of helping bridge what has become an access-to-justice gap, IAALS today announced the release of Court Compass: Mapping the Future of User Access Through Technology, a compendium and analysis of court-offered solutions for self-represented litigants (SRLs), along with maturity models to guide the development of integrated solutions in courts nationwide.

This week the judiciary committee in both the house of representatives and the senate approved measures that would alter the process for choosing the state’s appellate judges. The proposed constitutional amendment would eliminate the judicial nominating commission and require senate confirmation of appointments.

The Institute for the Advancement of the American Legal System (IAALS), in partnership with the Colorado Bar Association, the Colorado Judicial Institute, and the League of Women Voters of Colorado, has launched a statewide educational effort urging voters to “Know Your Judge.”

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.

The National Center for State Courts has developed a new model for estimating civil litigation costs, known as the Civil Litigation Cost Model. The model is based on the amount of time lawyers expend on various litigation tasks and their billing rates, which together provide a snapshot of “typical” costs, by task, for a number of case categories. By reflecting how costs are incurred throughout the litigation process, and the variability of costs from case to case, the model provides insight into the effect of such costs on a litigant’s access to the civil justice system.

Three federal judge vacancies in Atlanta, which have been declared "emergencies," face continued delays due to partisan gridlock. Larry Thompson, an Advisory Committee member for the O'Connor Judicial Selection Project, was interviewed for the story.

On January 18-19, 2018, in Phoenix, Arizona, the National Center for State Courts and the Maricopa County Superior Court will host a Civil Justice Initiative Implementation Workshop on the Nuts and Bolts of Civil Justice Reform. This workshop is part of the three-year implementation effort that follows the Conference of Chief Justices (CCJ) and Conference of State Court Administrators (COSCA) endorsement of 13 recommendations designed to transform the civil justice system in our state courts.

The New York Times has published a debate about prenups, with several commentators recommending prenuptial agreements for those "who have sizeable wealth, own a business or are entering into a second marriage with significant personal assets." However, other commentators suggested different solutions for protecting personal wealth and, as a recent case in New York demonstrates, prenups are not fail-safe.

In an address devoted to the importance of pro bono to the legal profession and to the society it serves, ABA President Wm. T. (Bill) Robinson III stressed the importance of an independent judiciary and legal profession. Click here to read the…

The Colorado Supreme Court’s Attorney Regulation Counsel recently released statistics on the state’s legal employment, which revealed an interesting trend. According to the Denver Business Journal, the study found that fewer than half of the 1,473 active female attorneys younger than 30 years old are working in law firms of any size, and only 20 percent of female attorneys in that age range went to work for big law firms. At the same time, law school classes around the country are fairly equally divided between male and female students, on average.

With Justice Joan Orie Melvin’s resignation from the Pennsylvania Supreme Court on May 1, Governor Tom Corbett has ninety days to fill the vacancy. Last month, Senate Democrats sent Governor Corbett—a Republican—the names of five Republicans whose appointment they would support.

On Election Day in New York, Colby Hamilton writes about the political nature of judicial elections in New York, where Queens Assistant District Attorney Sarah Steiner said, "Judgeships are rewards mostly for loyal party activity over the years."

In direct response to an ABA study on attorney well-being and IAALS’ Foundations for Practice project and findings, University of Denver Sturm College of Law Professor Debra Austin brought to life a class called “Professionalism and Well-Being Skills for the Effective Lawyer,” which began this fall.

Unlimited and unmanaged discovery in civil lawsuits can be extremely expensive—and sometimes wholly out of proportion to the needs of the case. In a landmark decision issued this week, the Colorado Supreme Court put the brakes on discovery run amuk and clarified the duty of the trial court judge to manage the discovery in the case—at a minimum by considering the cost-benefit and proportionality factors set forth in C.R.C.P. 26(b)(2)(F).

Author Henry Kelston reviews the December 13 hearing on "The Costs and Burdens of Civil Discovery" convened by the House Judiciary Subcommittee on the Constitution. IAALS Executive Director Rebecca Love Kourlis testified in the hearing.

The National Center for State Courts recently released an “explainer video” for courts to use as a resource when educating the public about the role of our state courts. The video looks back at the establishment of the judicial branch and the vision of our founders—of a court system that makes decisions based on law not public opinion, that is fair and impartial, that is accountable to the law and the Constitution, and open to people.