News & Updates

Earlier this year, a local news channel praised the University of Miami's Health and Elder Law Medical Legal Partnership in a piece entitled "Joining Forces.” The clinic, run in part by JoNel Newman of the University of Miami School of Law (an ETL Consortium school), takes an innovative approach to treating the legal and medical issues patients face when seeking care by assigning both a medical student and law student to each case.

One of my primary responsibilities as Counsel to the Chief Justice of the Colorado Supreme Court is to start and maintain dialogue among Colorado's law schools, bench, and bar in an effort to find and promote commonality among their efforts to improve our state's legal profession. Naturally, then, I was interested in attending the 2013 Educating Tomorrow's Lawyers conference, which sought to connect the legal academy and members of the legal profession.

Over the summer, the Tennessee legislature declined to renew the state's judicial nominating commission, which was used to recommend well-qualified candidates for appellate judgeships to the governor. Instead, lawmakers chose to let Tennesseans weigh in on the issue in 2014. The judicial selection process appeared to be in limbo in the interim, but Republican Governor Bill Haslam has acted to fill the gap, creating a screening panel by executive order.

Much of the work on core competencies for entry-level lawyers has focused on large firms, often because it has been harder to collect this information from small firms. This is a challenge because small and medium firms continue to be major destinations for law school graduates. Today, in an open letter to law schools, longtime solo, Carolyn Elefant, demanded that law schools teach students to be employable by solos and small firms.

IAALS is honored to be featured front and center in the Fall 2013 edition of The Bulletin, a publication of the American College of Trial Lawyers. The article chronicles the six year journey of collaboration, cooperation, and determination undertaken by IAALS and the ACTL to reform our country's ailing civil justice system. The national response to our organizations' joint efforts proves that meaningful change is not only possible, but within reach.

Judge Kevin Burke, Minnesota District Court Judge and member of the IAALS Board of Advisors, has written about the ideas and lessons of Roscoe Pound, former Dean of Harvard Law School from 1916-1936, and what the legal community today can learn from his legacy. For example, Pound discussed a major misperception on the part of the public—the idea that the administration of justice comes easy to those in charge.

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.

Over the past few years, IAALS has been tracking the Colorado Civil Access Pilot Project, along with numerous other rules projects across the country. These efforts are aimed at providing greater access to civil justice and at better achieving the goals of a just, speedy, and inexpensive civil justice system. This new publication explores various factors for the successful creation and implementation of new rules and processes, laying the groundwork for future developments.

As many have recognized, electronic discovery has arrived in the state courts. While there are abundant resources available on the topic of e-discovery, for many judges the question is, “Where to begin?” To answer that question, IAALS now offers this new toolkit for state court judges, which pulls together some of the best resources available. Whether you are an expert or a novice with e-discovery issues, this collection of resources will be useful in your cases.

Chad C. Schmucker, former state court administrator and circuit judge of Jackson County, Michigan, will become the 8th president of the National Judicial College in 2014. As president, he will work to provide innovative judicial education and improve the competency of judges across the nation. Judge Schmucker’s dedication to case management and court efficiency will certainly be a hallmark of his National Judicial College presidency.

Recent efforts to alter the process for selecting Kansas' appellate judges have been covered frequently of late. Supporters of increased funding for public schools are concerned about the impact this effort may have on a school finance case that is currently before the supreme court. Specifically, they worry that Governor Brownback and conservative legislators may be pushing selection changes to "put the court on notice."

Thanks to a working group of judges and lawyers, California's Administrative Office of the Courts now offers a required course on judicial ethics for incumbent judges and attorney challengers running for judicial office. Judicial candidates must complete the course within 60 days of filing for office, creating a campaign committee, or receiving a campaign contribution.

At a recent public forum, Ohio's three newest supreme court justices discussed the threat posed to state courts by significant turnover on the bench. Over the next six years, four of the high court's seven justices—along with approximately 100 judges statewide—will reach retirement age. Justice Sharon Kennedy acknowledged that change of this magnitude could lead to questions about the stability of state laws and their application.

Opponents of commission-based appointment of judges—also known as the Missouri Plan, for the state in which the judicial selection process originated—have obtained approval from the secretary of state for two identically worded proposed constitutional amendments that would establish contested elections for Missouri's appellate judges.

Judge Paul W. Grimm is well known for his contributions in the area of improving the pretrial discovery process, particularly with regard to the discovery of electronically stored information. Judge Grimm’s Discovery Order provides an excellent model for facilitating judicial management, and we recommend it to state and federal court judges alike as a model and inspiration to manage the pretrial discovery process so as to reduce the cost and burden of discovery.

Two retired judges will co-chair a new task force on judicial independence established by the New Jersey Bar Association. The task force will direct its efforts at "current threats to weaken our judiciary." There is longstanding tension between Governor Chris Christie and the legislature when it comes to making judicial appointments, particularly to the state's high court. There is also longstanding tension between the governor and the supreme court, with Christie promising to remake the court after unfavorable rulings.

On September 3, the Resource Center for Separating and Divorcing Families at the University of Denver opened its doors to metro-area families. The Center is a model for providing interdisciplinary, out-of-court solutions to separating and divorcing families. This IAALS “out-of-court model” is part of an international trend towards less adversarial separation and divorce processes.

In 2012, North Carolina was the only state with contested judicial elections in which voters were provided with performance evaluations of the judicial candidates—both sitting judges and challengers—on their ballot. It is fairly common for bar associations to offer ratings of sitting judges standing for retention or reelection, but this was the first instance of which IAALS is aware where a bar association also evaluated judicial challengers. Since 2012, the NCBA has also offered a voluntary, confidential evaluation program for new judges.

The front lines of electronic discovery are moving beyond the federal courts. In a world where everyone with a smart phone is an ESI custodian, the problems of e-discovery affect all types of litigants in all types of cases. E-discovery has arrived in the state courts, and the problems there are every bit as big, and every bit as complicated, as they are in federal court. On September 19th and 20th, state court judges and e-discovery experts from around the country gathered to discuss the challenges that e-discovery poses for state courts.

IAALS is very sad to note the passing of Professor Penelope Pether, of Villanova Law School. One of Penny’s areas of scholarship was the theory and practice of judging, and in that context she and I became friends. She had a particular interest in the process of appellate review, and Penny and I presented together on a couple of occasions on the subject of judicial performance evaluation. Penny was also involved with our Educating Tomorrow’s Lawyers Initiative, because she was an innovative legal educator. I will miss her energy, her enthusiasm, and her passion, but know that her legacy will live on.