News & Updates

The Judicial Conference Standing Committee on Rules of Practice and Procedure this week approved a package of amendments to the Federal Rules of Civil Procedure for publication and public comment. The proposed amendments to Rules 1, 4, 16, 26, 30, 31, 33, 34, 36, and 37 form a “package” of proposed rule changes that represent the culmination of several years of work on the part of the Civil Rules Advisory Committee.

In our recent publication in the Kansas Law Review, “The American Civil Justice System: From Recommendations to Reform in the 21st Century,” we explore the national momentum that has arisen around reducing the costs and delays associated with civil litigation. In this article we explore the history of recent efforts, and we note the important empirical research over the last five years that has laid the groundwork for understanding what is working, and what is not, in the civil justice system.

Following its 2009 decision in Varnum v. Brien overturning the state ban on same-sex marriage, the Iowa Supreme Court recently held that the state must allow same-sex couples to have both their names listed on the birth certificate of their newborn child. Justice David Wiggins reasoned that same-sex couples “enjoy the same benefits and burdens of parenthood” as heterosexual parents and, therefore, are entitled to the fundamental right of parenthood at the moment of birth.

According to U.S. News, separating spouses should plan for the future education of their children together and, in the process, pay special attention to funds saved prior to the divorce settlement and the shape that funding such accounts will take into the future. The article highlights several options for doing so and emphasizes that both during and after a divorce, communication between parents is paramount.

David Trickett is the founder of The Jefferson Circle, which focuses on the re-connection of people with purpose at the individual, organizational, and societal levels. He works to ensure that good ideas and aspirations can be lived out, and brings his expertise to the Educating Tomorrow's Lawyers Advisory Committee. In his Voices from the Field interview, Trickett discusses the formation of professional identity in law students and the capacity to better serve clients.

Colorado Magistrate Judge Simon Mole recently penned a blog post in which he comments on IAALS’ study and analysis of data from Colorado pilot programs that instituted proactive case processing in family law cases. Magistrate Judge Mole suggests that the study deserves more than just academic interest, especially “at a time when the ATJ community looks to simplify civil procedure for self-represented litigants.”

In a recent article by Judge Kevin Burke, a member of the IAALS Board of Advisors, and Babak Armajani, they discuss several key areas in which courts are failing to meet the needs of the public, and a few states that are taking steps in the right direction. In states where careful consideration of problems and measurement of remedies is taking place, positive and dramatic changes can begin to take hold in the culture and operations of our courts.

This September, IAALS and the National Judicial College will host an educational summit exclusively tailored for state court judges on all facets of the discovery of electronically stored information (ESI)—from preservation to production to eventual use at trial. The Summit will feature nationally renowned speakers and will provide both a core of basic training for judges on e-discovery and in-depth and interactive discussions on the more complex issues facing judges in state courts across the nation.

In remarks at last week’s annual conference of the state bar association, Justice Barry Albin encouraged members of the legal profession and the public to defend New Jersey’s courts against attacks by the other two branches based on dissatisfaction with court decisions. He went on to suggest that the governor and the legislature have injected politics into the judicial appointment process.

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.

On March 7, 2013, Chief Justice Jean Hoefer Toal entered an Administrative Order recognizing the successful ad hoc use of a Fast Track jury trial process in South Carolina and implementing the voluntary process statewide. The Court also adopted Rules and Procedures for the Fast Track jury trial process, which apply in the absence of agreement of counsel otherwise.

Bob Emery is one of the preeminent national experts on issues related to children and divorce. In this video excerpt, he captures the essence of the problem: almost all of the systems that relate to divorce and separation are geared around the parents, lawyers, or judges. Very few systems are geared to the needs of the children. At the Resource Center for Separating and Divorcing Families, which will debut on campus at the University of Denver this fall, there is a specific role for the voice of the child.

It has been an eventful week judicial selection-wise in the Kansas legislature. On Monday, the chairman of the senate judiciary committee announced the details of a compromise selection reform proposal for the state’s appellate judges, which the Kansas Bar Association's board of governors rejected on Tuesday. And on Wednesday, the house judiciary committee chair introduced three new proposals aimed at the appellate court.

As a former Chief Justice of the New Hampshire Supreme Court and a current member of the IAALS Board of Advisors, I commend Governor Maggie Hassan for her wisdom in establishing the Judicial Selection Commission to advise her in filling vacancies on our state’s courts. Such a commission ensures that political considerations take a back seat to qualifications, experience, and judicial potential in selecting judges.

In a recent speech to the Ohio State Bar Association, Chief Justice Maureen O’Connor identified eight areas in which the state’s process for electing judges might be improved. Among the reforms that O’Connor put on the table were the creation of a nominating commission to advise the governor in filling judicial vacancies between elections. O’Connor encourages public discussion of the reform proposals through a new website.

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.

Taking some lawmakers by surprise, prominent Republicans in the house and senate announced that they will continue their pursuit of a constitutional change to the process for selecting supreme court and court of appeals judges in the final days of this legislative session.

The Hon. Jack Zouhary, federal district court judge and member of the American College of Trial Lawyers Task Force on Discovery and Civil Justice, recently penned an article for the Federal Lawyer about his case management process and the prioritization of time and resources throughout the life of a case. In broad strokes, he outlines ten of the most important considerations he makes to keep his courtroom efficient.

The Tennessee legislature ended its 2013 session without renewing the state’s judicial nominating commission, which screens applicants for appellate court vacancies and recommends the best qualified candidates to the governor for appointment. The commission expires on June 30, and as of July 1, there will be no process in place for filling vacancies on the supreme court, court of appeals, and court of criminal appeals.

Educating Tomorrow’s Lawyers is pleased to announce Law Jobs: By the Numbers™, an interactive online tool that gives prospective law students the most transparent and complete law school employment rate information available. Law Jobs empowers prospective students to build, analyze, and compare rates among law schools based on 2011 and 2012 data released by the American Bar Association, all with just a few clicks of a mouse. Users can “choose their own” formulas to tailor employment rates and prioritize the jobs that are valuable to them.