News & Updates

IAALS co-founder and board member John Moye has been honored as one of Colorado’s 10 “Lawyers of the Decade,” a special award from Law Week Colorado, one of the state’s leading legal publications.

In a recent commentary in The Federal Lawyer, Judge Jack Zouhary analogized being a judge working to implement the new Federal Civil Rules to being a baseball team manager. He wrote that “[t]he team manager tries to make the right in-game decisions, but also to have a winning season.” He then defines a winning season for a judge as shepherding cases to a successful conclusion, “whether that conclusion be a trial, a decision on a dispositive motion, or a settlement.” Few judges or attorneys have embraced the call for reform with such passion, intelligence, creativity, and integrity as Judge Zouhary.

An informal Senate agreement on the rules of filibusters has the potential to accelerate confirmations of federal district court judges. The agreement reduces the amount of time required to overcome a filibuster and force a vote.

Law schools saw a decrease in applications this year and some believe prospective students are becoming more skeptical about the value of a law degree. Click here to read the article.

Bill has been involved with IAALS since 2012, when we launched the Honoring Families Initiative Advisory Committee on which he serves. We have worked together on our original vision-paper, on the Center for Out-of-Court Divorce, the Family Bar Summit, The Modern Family Court Judge, and now our online dispute resolution project called Court Compass. At every turn, every phone call, every email, Bill has been a generous, responsive, and wise partner.

On Monday, the United States District Court for the District of Oregon directed that local rule amendments that had previously been proposed and submitted for public comment take effect March 1, 2013. The amendments include adoption of two pilot projects that are being implemented around the country to focus and streamline discovery. The District of Oregon’s adoption of both projects reflects its commitment to finding solutions to unnecessary cost and delay in the litigation process.

Intervention in judicial campaigns by special interest groups was an issue in a debate between two superior court candidates. One candidate was prepared to renounce all such activity by third-party groups, while the other candidate preferred to make that decision if questionable activity took place. (The superior court is one of the state’s two intermediate appellate courts.)

On the very day when the Colorado Supreme Court Justices convened for an annual holiday luncheon, which includes all former Justices, a new Justice was added to the Court. Former Chief Justices Bender and Mullarkey, former Justices Kirschbaum, Dubofsky, Hobbs, Martinez, Eid, and yours truly; and sitting Chief Justice Rice and Justices Hood, Boatright, Coats, Marquez, and Gabriel all met to share some holiday cheer and some Court administrative updates. The tradition has been ongoing since before I joined the Court—and it is a wonderful one. We all get a chance to catch up, and to feel part of an institution that is profound and meaningful.

In an article in the March edition of The Colorado Lawyer titled "'No Written Discovery Motions' Technique Reduces Delays, Costs, and Judges’ Workloads," Colorado attorney Richard P. Holme touts the “no written discovery motions” technique, whereby the court addresses all discovery disputes with an in-person or telephonic discovery hearing instead of a written motion, at least at the outset. This technique presents a number of advantages for the judge and the parties.

Two law professors suggest that preparing students for their first couple years fo practice is hardly enough--law schools must strive to prepare students for "for a lifetime of successful, ethical, and personally rewarding practice."

Greg and I have known one another for over thirty years. He was a new associate at Gibson Dunn during a period in my career when I was working with Gibson Dunn, primarily on water and oil and gas matters. Back then, Greg was green, and I was just a little less so. But, we overlapped for only a short time. I next encountered Greg primarily through his mother, who lived at the time in our neighborhood and rode her bike everywhere. We would see one another at the grocery store or on the street, and she would tell me about Greg’s career and about her other children as well. The Kerwin family is an extraordinary family.

America’s civil justice system is failing to deliver on the promise of a just, speedy, and inexpensive resolution in every case. However, by taking charge of cases from their beginning to end, courts have the power to change that. IAALS’ latest report, Redefining Case Management, offers strategies to help the courts take charge of the delivery of justice in response to the changing landscape in our courts.

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.

October was a record-setting month for Senate confirmation of federal judicial nominees. The fifteen confirmed judges included two appellate court and thirteen district court nominees. Approximately eighty-five federal court vacancies remain.

The outcomes of the IAALS/ABA Better Access through Unbundling conference include specific directions and recommendations to make unbundling an even more significant way to advance affordable access to legal services. Now is the time to bring stakeholders together, solidify strategic plans, and dedicate resources to the advancement of unbundling.

Two recent appointments to Maryland's court of appeals mark "firsts" in diversity for the state's highest court. Governor Martin O'Malley's elevation of Judge Mary Ellen Barbera to be chief judge would make her the first woman to lead the high court. Shirley M. Watts, whom O'Malley appointed to fill Barbera's vacancy as associate judge, would be the first African-American woman to serve on the court of appeals.

The October 2011 edition of Selection Snapshots is now available.

Our courts face a crisis of access. In a majority of family cases—divorce, separation, and custody issues—at least one party is self-represented. With upwards of 80 to 90 percent of cases involving a self-represented party, it is essential that self-represented litigants can navigate the process and know what to expect at key stages. Partnering with experts around the country, IAALS developed Court Compass as a way to engage court users in brainstorming ways to simplify the family court process.

Last week, during a town hall at Binghamton University, President Obama jumped into the legal education fray when he suggested that law schools could increase the value of a law degree without sacrificing its quality by moving from a three-year program to a two-year program. The two-year/three-year debate has been alive and well in legal education reform circles for some time, but the President’s comments catapulted the conversation into the national spotlight. What do you think?

The Winter 2011 edition of Transparent Courthouse® Quarterly is now available. Transparent Courthouse® Quarterly is a quarterly newsletter reporting highlights from all IAALS initiatives. Sign up for Transparent Courthouse® Quarterly and other IAALS…