News & Updates

House Speaker Dean Cannon announced that he would not seek major changes to the judiciary in the 2012 legislative session. In the 2011 session, Cannon unsuccessfully proposed a constitutional amendment that would have split and expanded the supreme court. Instead, voters in 2012 will only weigh in on whether to require senate confirmation of supreme court appointments.

Much has been done over the past five years to address the cost and delay in the civil justice process, and much of that work has focused on discovery. Recognizing that there are equal challenges and opportunities for improvement in the area of motions practice, IAALS has focused on understanding the current motions landscape and issuing recommendations for improvement. In this effort, IAALS has released a new report intended to spark a national conversation about the current challenges of summary judgment.

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 Wall Street Journal is reporting that Congress might be readying for congressional hearings law schools, their job placement numbers, and the debt their graduates are carrying with them.

Through its Better Access through Unbundling Conference, IAALS has set the national agenda for expanding legal access through limited scope services—and the table is set for the use and growth of unbundling. Jurisdictions have the benefit of model rules, bar endorsement, and replicable models to encourage lawyers to unbundle and make that availability known to consumers.

Last week, controversy arose in Kansas over Governor Brownback's announcement that he would not release the names of applicants for a court of appeals vacancy. The governor initially rejected a petition requesting that applicants' names be released, but he may be reconsidering that decision. Meanwhile, screening committees in Wisconsin and Florida, established to assist them in recommending potential federal judges to the White House, have differing plans on the confidentiality of applicant names.

The December 2011 edition of Selection Snapshots is now available.

In the past several years, design thinking has gained traction in the legal field as a method for involving litigants and other stakeholders in developing improvements to the legal system. IAALS has taken design thinking one step further in applying a structured qualitative research approach to the process.

In the latest edition of Unified Family Court Connection, IAALS Honoring Families Initiative Advisory Committee members William J. Howe, III and Justice Paul J. DeMuniz highlight Oregon's efforts to better serve children and families dealing with divorce and conflict. Included in its efforts is an Informal Domestic Relations Trial that IAALS helped the Oregon State Family Law Advisory Committee develop. The authors also discuss the model for Resource Centers for Separating and Divorcing Families, which was developed by the Honoring Families Initiative.

Governor Perdue appointed eighteen members—both lawyers and non-lawyers—to the judicial nominating commission she created by executive order in April 2011. The commission will screen and recommend candidates for interim vacancies on the state’s appellate courts and major trial court.

Online dispute resolution is emerging in courts around the country. Last month, Arizona’s Administrative Office of the Courts announced the launch of an ODR pilot program in the family courts of Pinal County, and there are also startups providing similar services through intelligent dispute resolution.

As Pennsylvanians for Modern Courts celebrates its 25th year, supporters of moving from partisan elections to commission-based appointment of the state's appellate judges are optimistic that the time is finally right. That optimism stems largely from two recent scandals that have plagued the state supreme court. The reform legislation also enjoys support on both sides of the aisle.

The supreme court amended the code of judicial conduct to bar elected judges from hearing cases when a litigant, lawyer, or law firm involved in the case “has made contributions or given such support to the judge’s campaign that the judge’s impartiality might reasonably be questioned.”

The American legal profession is at a crossroads. We cannot continue to expect people to confront legal problems without legal advice. IAALS’ new Unlocking Legal Regulation project is taking a bold step forward and laying the foundation for a consumer- and people-centered legal regulatory system that opens the door for more service providers, more legal services, and more sustainable practices in the marketplace.

This year, we tried something new at the Educating Tomorrow's Lawyers Conference. During the reception, we opened the floor to four short presentations by participants who wanted to share an idea with our audience of legal educators, practitioners, and judges. It was, by all counts, a resounding success and we plan to expand it next year. They were a conference highlight and certainly worth six minutes.

Of the four candidates vying for a supreme court seat in the March Democratic primary, the incumbent and her appellate court challenger received the highest marks from Chicago-area bar associations that rate judges. The other two candidates were found “not qualified” and “not recommended” in various polls.

To address the challenges posed by the rising number of debt collection cases in our state courts—including high rates of self-represented litigants and default judgments—IAALS and the National Center for State Courts have released a new white paper that presents a model approach to reform in these cases.

While divorce is a legal process, anyone who has gone through it knows that it is also an emotional process. The reality is that the 'emotional divorce' and the 'legal divorce' most often have to be managed at the same time, but the legal process can make a significant difference in one's experience, both during the process and for years after.

In response to growing complaints from the public, a new accreditation system will require medical residency programs "to demonstrate that their trainees have the skills and personal attributes they need to be competent, empathetic doctors." The system will provide more detailed feedback and will focus on outcomes, rather than process.

This month, The Pew Charitable Trusts released a new report that looks at trends in debt collection lawsuits in the United States and suggests steps that courts can take to modernize our state civil justice system and ensure access to justice. The economic impacts of the pandemic make these recommendations all the more critical and timely.