News & Updates

In Sanders County Republican Committee v. Bullock, the Ninth U.S. Circuit Court of Appeals struck down a Montana law that restricted political parties from endorsing or contributing to judicial campaigns. The Atlantic reports their disfavor with the Ninth Circuit’s decision, maintaining the statute acted to “protect the integrity of [Montana’s] nonpartisan judicial elections” and “stood as a bulwark against the corroding effect of money's influence on judicial integrity.”

This week, the Denver Post published an article highlighting Denver’s new Center for Out-of-Court Divorce, which provides a child-focused, less-adversarial, and potentially less-costly approach for families when parents are separating.

Following public interviews of 18 applicants and private deliberations, the appellate judicial commission selected three nominees for possible appointment to the supreme court vacancy created by Justice Ray Price’s retirement. Three interviewees were women and one was a minority, with six from outside metropolitan areas. Governor Nixon must make the appointment within 60 days.

A recent study by the American Constitution Society for Law and Policy (ACS) is shedding new light on the demographics of state judiciaries across the country. The Gavel Gap project collected data based on the race, ethnicity, and gender of 10,000 sitting state court judges, and then analyzed how closely each state’s bench reflects its population.

Recognizing that there is widespread concern that the civil justice system is too complex, costs too much, and takes too long, a new report provides recommendations for designing short, summary, and expedited (“SSE”) programs and calls for implementation of such programs on a national scale. The report, A Return to Trials: Implementing Effective Short, Summary, and Expedited Civil Action Programs, is co-authored by IAALS, ABOTA, and the NCSC.

The Conference of Chief Justices has recognized the important needs of litigants in our state courts, and has answered the call to action to improve our civil justice system by adopting the Recommendations of its Civil Justice Improvements Committee earlier this month. 

The Texas Supreme Court has issued its long-awaited rules for expedited actions this week, making the process mandatory in cases of $100,000 or less. The rules are being adopted as a result of Texas legislation that called upon the Court to promulgate "rules to promote the prompt, efficient, and cost-effective resolution of civil actions."

IAALS is pleased to welcome Dona Playton as its new Director of the Honoring Families Initiative effective December 23, 2016. Dona comes to IAALS from the University of Wyoming College of Law where she was a senior lecturer as well as the Director of…

Rather than being elected by the voters, Delaware’s judges are appointed by the governor with senate confirmation. Since 1977, Delaware governors have entered an executive order creating a judicial nominating commission to screen applicants and recommend the best qualified candidates. In the wake of several recent judicial appointments, Governor Markell praised this selection process in an online video.

This article cites Educating Lawyers in its discussion of law schools turning to experiential models for ethics courses. This year, Yale Law School started the Ethics Bureau, a clinic in which law students assist lawyers facing ethics violations…

Washington State’s innovative Limited License Legal Technicians (LLLT) program was recently evaluated by the National Center for State Courts and found to be a well-designed program for expanding legal assistance. LLLTs are non-lawyers who are specially trained to provide certain kinds of legal assistance. And, unlike paralegals, LLLTs practice without having to be supervised by a lawyer. Becoming a LLLT requires an associate-level degree of at least 45 credits and an additional 15 credits in family law from an ABA-approved law school. In Washington, the training is provided by the University of Washington School of Law, with Gonzaga University School of Law professors helping to teach the courses.

On January 17, The University of Arkansas at Little Rock announced that Michael Hunter Schwartz had been appointed the new dean of the William H. Bowen School of Law. Schwartz is an Educating Tomorrow’s Lawyers fellow, who has demonstrated a commitment to integrating practice-based learning and professionalism into the classroom. We thank Schwartz for his commitment to improving legal education and congratulate him on his much deserved appointment.

Newly elected president of the American Judges Association (AJA) and IAALS board member Judge Kevin Burke has launched a blog on behalf of the AJA.

Faced with rising numbers of people in poverty, funding deficiencies, and an increase in self-represented litigants in state courts, the Conference of Chief Justices and the Conference of State Court Administrators unanimously passed Resolution 5, in July 2015, to address these issues directly and to reaffirm their commitment to meaningful justice for all.

Justice Pat Roggensack and Marquette University law professor Ed Fallone were the top two vote-getters in the February 19 primary election for a seat on Wisconsin’s supreme court, and they will compete in the April 2 general election.

IAALS board member Russell Wheeler was interviewed for this article, which focused on a federal judicial selection process in which President Obama has been slow to nominate and the Senate has been slow to confirm federal judges.

No system of judicial selection and retention is perfect; however, merit selection systems attempt to balance judicial independence with voter accountability. Those are the comments of IAALS Executive Director Rebecca Love Kourlis who, along with IAALS Board Member Chief Justice (Ret.) Ruth McGregor of the Arizona Supreme Court, was interviewed by an investigative reporter for a  Goldwater Institute paper on the benefits of using a merit selection system for municipal judgeships.

Consistent with the promise made in its mission statement to “blend practical skills training with legal theory throughout the curriculum,” Golden Gate University School of Law integrates skills training and professional development across its curriculum, preparing students to be critical thinkers, problem solvers, and leaders in the legal profession. This commitment to experiential learning and fostering professional identity within law students makes GGU Law an ideal partner within the Educating Tomorrow's Lawyers Consortium.

Governor Christie publicly criticized a state trial court judge who ruled that requiring increased contributions to judicial pension plans is an indirect reduction in judges’ pay and in violation of the state constitution. The lawsuit was filed by a judge.

It is inspiring to watch as more and more states begin to address access to justice issues within their own courts. Arizona has been a leader in taking up the Call to Action from the Conference of Chief Justices and is in the process of implementing reforms. Arizona’s Civil Justice Reform Committee issued its report and recommendations, A Call to Reform: The Committee on Civil Justice Reform’s Report to the Arizona Judicial Council, in October 2016. The Supreme Court reviewed those recommendations and issued a series of rule changes that will take effect July 1, 2018.