News & Updates

According to data presented by Russell Wheeler of the Brookings Institution, President Obama has seen a higher judicial confirmation rate (92 percent) after six years in office than did President George W. Bush (84 percent) and President Clinton (89 percent) at this point in their terms. President Obama is also making his mark on the federal courts in terms of diversity. The 305 Obama-nominated judges are the most diverse group ever.

The National Center for State Courts recently released a screening tool for divorce cases to help courts “meaningfully differentiate cases.” The tool is designed to identify families who are largely in agreement on the issues in their case and need minimal or no court assistance. The tool is not a one-size-fits-all instrument, and jurisdictions around the country can adapt it to their particular circumstances.

In the upcoming legislative session in a handful of states, lawmakers are expected to propose legislation aimed at courts and judges. Some Washington legislators have filed a bill that would make the state's judicial elections partisan. Two bills that Wisconsin lawmakers plan to file in 2015 would impact the Chief Justice. And, the Kansas legislature will likely take up a proposed constitutional amendment to change the way supreme court justices are chosen.

We would like to extend our congratulations to Jon Streeter for his confirmation to California's First District Court of Appeal in San Francisco. He was sworn in on January 5. Jon has been a friend to IAALS for several years, working closely with Educating Tomorrow’s Lawyers. We are thrilled for him—and we look forward to seeing how his new perspective in the judicial branch informs his insights and leadership in legal education, and the evolution of the profession more broadly.

This week, January 8-9, 2015, the Committee on Rules of Practice and Procedure will meet in Phoenix, Arizona. The December 2, 2014, Report from the Advisory Committee on Civil Rules notes that substantial time has been given to "exploring the possibilities of enhancing rules reform by means of pilot projects that put possible new rules into actual practice," and supplemental resources for the meeting suggest that discussion of pilot projects will only continue.

Delaware Law Weekly recently published an article discussing how judicial vacancies are filled in Delaware. Specifically, the article focused on the state’s Judicial Nominating Commission (JNC) and whether it is appropriate for members of the JNC to resign and then apply for judicial positions. IAALS's own Malia Reddick spoke to the problems created by a process where this is allowed.

It’s been almost three-and-a-half years since we launched Educating Tomorrow’s Lawyers. In that time, we have played a critical role in bringing the profession and the academy together to work toward collaborative solutions that will raise not only the institution of legal education, but also the legal profession. We are beginning 2015 with the launch of a new logo that captures this convergence and the many people who will play a role in this process.

The institution of marriage in the United States is stronger today than it has been for quite some time—or is it? Recent articles from The New York Times and The Week debate the issue and reach different conclusions. The NYT points to many reasons for the drop in divorce, while The Week argues the data is flawed and the state of marriage is not quite so positive.

One of the current proposed amendments to the Federal Rules of Civil Procedure addresses preservation of electronically stored information (ESI). The new proposed Rule 37(e) provides a safe harbor against penalties if a party has taken “reasonable steps” to preserve the ESI. Tom Allman, a retired General Counsel and current Adjunct Professor who frequently writes and speaks on this topic, has written an article discussing the “reasonable steps” language and its implications.

In 2014, we have continued to see a rise in the number of, and interest in, alternative processes designed to provide a more streamlined approach to the pretrial and trial process. While these programs are known by many different names, they all focus on increasing access to our civil justice system. Given the number of programs that have been implemented nationwide, and their diversity, we have updated our chart of these programs, which catalogs their unique elements.

According to a recent study, Alabama should move from partisan elections of judges to commission-based gubernatorial appointment in order to ensure a stable, predictable, and fair legal system for businesses and promote long-term economic growth. The study explores the correlation between states' methods for selecting judges and how attorneys perceive judges' competence and impartiality, as well as other aspects of states' legal environments.

Idaho has released a report evaluating its Informal Custody Trial (ICT) program. The ICT allows litigants in child custody cases to suspend the rules of evidence and the normal question-and-answer format of trial, waive the rules of discovery, and directly present their case, issues, and concerns to the court. The report had many encouraging statistics, but more evaluation may be needed to determine whether the program is successfully helping families.

Like the United States, the United Kingdom has historically faced a lack of legal representation for low income individuals. The apparent lack of resources in both countries has highlighted a perceived remedy: law students working with those in need of legal services. While many people view this solution as beneficial for society, law schools, and students, others have warned against law schools taking up the slack because students still need an opportunity to learn.

In a historic 53.78%–46.22% decision, which is already beginning to transform the state's judiciary in significant ways, Nevada voters elected to create an Intermediate Court of Appeals during the November 2014 election cycle. Nevada has demonstrated that, with right mindedness and well-placed determination on behalf of achieving a high-functioning and efficient legal system, change and progress will eventually prevail.

In November, IAALS convened a group of senior in-house counsel and corporate management from around the country to discuss discovery and the challenges of preservation and production. The convening focused on the proposed federal amendments to Rule 37(e) and the realities companies face on a daily basis, providing an opportunity for attendees to talk to their peers about current practices, challenges, and solutions, for both small and large companies.

Last week, IAALS met with the other members and staff of the Conference of Chief Justices Civil Justice Improvements committee for its second plenary meeting in Washington D.C. The meeting was followed by the National Center for State Court’s Judicial Excellence Events, and culminated in an award ceremony where Chief Justice John Roberts presented the William Rehnquist Award to Kansas Judge Steve Leben, a close friend of IAALS, at the Supreme Court.

A recent article in the Denver Bar Association’s The Docket reviewed the dilemma that surrounds how states select and retain judges. In the article, Colorado's merit selection system is highlighted as a nationally recognized model for ensuring a judiciary that is free from politics, while also affording citizen input. Colorado's process for choosing judges mirrors the four-part O'Connor Plan, IAALS' collaboration with Justice Sandra Day O'Connor.

Three Colorado jurists who were identified as outstanding case managers in Working Smarter, Not Harder: How Excellent Judges Manage Cases have shared their expanded views of successful practices in an article for The Colorado Lawyer. The judges cover some of the more practical suggestions they have for fellow judges, as well as attorneys.

Professor Neil W. Hamilton of the University of St. Thomas School of Law recently published an article that analyzes empirical research on the competencies that legal employers and clients are looking for in new lawyers. For the article, Professor Hamilton surveyed four types of employers: larger law firms, small firms, county attorneys, and legal aid offices. He found all four groups highly valued certain competencies, dubbing them "professional formation competencies."

IAALS provides an overview of the 2014 election outcomes that impacted state courts and judges, including a look at ballot measures, contestable elections, and retention elections.