News & Updates

A group of twenty teenagers in the United Kingdom who have been affected by separation or divorce are banding together to create a service that will help teens cope with divorce. The website will provide mentoring and support to children between the ages of twelve and sixteen who are experiencing difficulty due to changing family dynamics. And, the support and mentoring services will be provided to the teens by other young people.

In April, the Arizona legislature passed and the governor signed a bill directing the state's judicial nominating commissions to submit the names of at least five finalists for each judicial vacancy. Last week, four members of the appellate judicial nominating commission filed a petition with the state supreme court to declare the new law unconstitutional. The law is in apparent conflict with a constitutional provision calling for the commission to submit at least three names.

The Colorado Civil Access Pilot Project (CAPP) has been extended by one year, now applying to relevant cases filed through December 31, 2014. Chief Justice Bender’s amended Directive states that the project’s extension will provide “more data and a detailed evaluation” and “give the court time to determine whether the rules as piloted achieved the stated goals." IAALS is conducting the CAPP evaluation at the request of the Colorado Supreme Court, and will issue a public report upon its completion.

A new report from the Brennan Center for Justice highlights the unprecedented number of judicial vacancies in federal district courts across the United States. Approximately ten percent of federal trial court seats are currently vacant. These vacancies, largely the result of drawn-out nomination and confirmation processes, have an increasingly negative impact on the effectiveness of both the criminal and civil justice systems. The report makes three observations about these vacancies.

In 2012, the divorce rate in China exceeded the marriage rate. According to China's Ministry of Civil Affairs, 2.87 million people applied for divorce in 2012, a seven percent increase from the year prior. Thirteen million couples married in China in 2012, representing an increase of 1.6 percent from 2011.

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.

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.

Our recommendations for reviewing written opinions as part of a performance evaluation program for appellate judges are featured in Trends in State Courts 2013, an annual publication of the National Center for State Courts. Drawing upon insights gained from a national conference, an expert task force, and focus groups with appellate judges and attorneys, this recommended model addresses the evaluation teams who conduct the review, the selection of opinions to be reviewed, and the criteria and process for review.

Following an 18-month study, a Wisconsin state bar task force proposed that supreme court justices serve a single 16-year term. Justices currently serve 10-year terms and may stand for reelection. Though term limits would not stem the tide of candidate and special interest spending in the state's judicial elections, supporters believe term limits could help restore the public's trust in a court that has been plagued in recent years by alleged ethics violations and interpersonal conflicts.

Last week, the U.S. Supreme Court issued its decision in Adoptive Couple v. Baby Girl. The case presented the issue of whether the Indian Child Welfare Act, a law meant to minimize the involuntary removal of Native American children from their homes and tribes, precluded a young girl’s adoption by non-Native American parents. The Court sided with the adoptive parents, finding that the young girl's biological father explicitly gave up parental rights before her birth.

Back in March, the Kansas legislature adopted a new process for choosing intermediate appellate court judges in the 2013 session. The governor will make judicial appointments with full discretion, which must then be confirmed by the senate. This process will kick into gear on July 1, but Governor Brownback has announced a new wrinkle: the names of applicants for the judicial position will not be made public.

A new poll by the Center for American Progress assesses voter support for judicial selection changes that are currently under consideration around the country. The highest level of support—80 percent—was found for stronger disclosure laws for judicial campaigns. And, though Republican legislators in North Carolina want to move from nonpartisan to partisan judicial elections, 68 percent of voters nationwide prefer nonpartisan races.

This fall, the University of Denver Sturm College of Law, an Educating Tomorrow’s Lawyers consortium school, plans to implement its new Experiential Advantage Curriculum, a program that will focus on placing students in real or simulated practice settings. Using clinics, externships, semester-in-practice opportunities, and class simulations, law students in the program will have a full year of practical experience upon graduation.

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).

I am pleased to announce that my new book, Skills & Values: Lawyering Process - Legal Writing and Advocacy was published last week. It is an entirely different sort of legal writing textbook, different from the traditional legal writing textbook in several ways. To begin with, it is a hybrid text, which means only a portion of the entire text is printed, with the rest residing on the Lexis Web Courses platform. It is also based on the assumption that students today need to read less and do more.

Mo Weiland, a recent graduate of the University of Denver Sturm College of Law, an Educating Tomrrow’s Lawyers consortium school, recalls her first volunteer case as both unexpectedly challenging and very informative for her developing career. Weiland sees such volunteer opportunities as a way to get more experience as a young attorney while also providing a valuable public service.

On Sunday, June 23, 2013, former IAALS Board Member and Justice of the New Mexico Supreme Court Patricio M. Serna will be honored as a Santa Fe Living Treasure. Justice Serna graciously served on the IAALS Board of Advisors from our very beginning in 2006 until just last year. Our gratitude for his guidance over the years continues, and we congratulate Justice Serna on this exciting and deserved recognition. A living treasure indeed.

Quality Judges has just released A Credit to the Courts: The Selection, Appointment, and Reappointment Process for Bankruptcy Judges. This study provides the first in-depth examination of the process for selecting U.S. bankruptcy judges, highlighting the similarities and differences among the regional circuits. Despite the number of cases processed in these high-volume courts, and their significance in the financial lives of individuals and businesses alike, very little was known about how the judges who preside over these courts come to be on the bench, until now.

Governor Tom Corbett nominated superior court judge Correale F. Stevens to fill the supreme court vacancy created by former justice Joan Orie Melvin's resignation following her criminal conviction. At the same time, a sitting supreme court justice is now the subject of an FBI investigation. The investigation is focusing on whether Justice Seamus McCaffery and his wife, who serves as his chief aide, violated the state Ethics Act when she received fees for referring clients to personal-injury law firms.

Judge Kevin Burke, a Minnesota trial judge and member of the IAALS Board of Advisors, seconded Ohio Chief Justice Maureen O'Connor's call for selection reform in her state. According to Judge Burke, selection reform in Ohio is needed for three reasons: judicial elections may negatively impact public perceptions of judges and courts, not enough voters participate in judicial elections, and more can be done to educate judicial voters.