News & Updates

If there's one thing the people in the room at the ABA Task Force on the Future of Legal Education can agree on today, it's that something has to give. But just what has to give? That still seems to be up for debate. In the opening session, opinions ranged nearly as wide as the topics, which included the deregulation of the profession, the deregulation of law schools, online education, US News, faculty scholarship, student expectations, consumer expectations, access to justice, and curriculum.

The Wall Street Journal has published an article examining the push for alimony reform and why it is becoming a growing movement. The main contention is that current alimony laws have the potential to force couples to remain together financially and personally until death, even after divorce. The movement is driven by the opinion that alimony laws have become unfair and outdated in a time when many recipients are healthy, college-educated, and employed.

A group of Republican members of the house of representatives have proposed cutting the pay of the four remaining Iowa Supreme Court justices who participated in Varnum v. Brien, a unanimous 2009 ruling that struck down a state law banning same-sex marriages.

In November, the Texas Supreme Court issued long-awaited rules for expedited actions, proposing a mandatory expedited process for cases of $100,000 or less. The Texas Supreme Court has since issued revised final rules, which became effective March 1, 2013. Despite considerable public commentary on the mandatory nature of the rules, the Expedited Actions process under Texas Rule of Civil Procedure 169 remains mandatory for cases of $100,000 or less.

In February, the American Bar Association Commission on Racial and Ethnic Diversity presented IAALS board member Walter Sutton with the 2013 Spirit of Excellence Award, which celebrates the efforts and accomplishments of lawyers who work to promote a more racially and ethnically diverse legal profession. IAALS would like to thank Sutton for his continued service on our Board of Advisors and congratulate him on the receipt of this great honor.

Senators Ron Johnson (R) and Tammy Baldwin (D) have agreed to a restructuring of the commission that has been used in Wisconsin since 1979 to advise senators in recommending potential candidates for federal judge and prosecutor vacancies in the state. They have agreed to share the appointment authority equally, with each appointing three to a six-member commission.

In the wake of a very public fee dispute involving one of the world’s largest law firms, Professor Benjamin Madison, an Educating Tomorrow’s Lawyers Fellow, recommends that law schools turn it into a learning opportunity "to better prepare law students and to make them more attentive to ethical concerns." By teaching students more about billing, such as the importance of careful time-keeping and ethical billing practices, they will learn valuable skills that may strengthen the lawyer-client relationship.

In a recent article, The Miami Herald takes a closer look into the University of Miami's new dual medical-legal degree program, set to launch this fall. This program is an expansion of Miami's Health and Elder Law Medical Legal Partnership, designed to cross-train medical and law students in each other’s disciplines. The program lessens the time and tuition required if each degree was pursued separately.

The Honoring Families Initiative is pleased to announce a new addition to our national Advisory Committee—Gabrielle Davis. Davis is a Legal & Policy Advisor with the Battered Women’s Justice Project. We are delighted to see the new perspectives and ideas that Davis will bring to the Honoring Families Advisory Committee.

IAALS has just released a research report entitled Family Law in Focus: A Retrospective Study of Colorado's Early Experiments with Proactive Case Processing. This report presents the results from an analysis of data from five pilot programs in four different Colorado courts that implemented proactive case management in family law cases. The data show that by providing active case management, assistance, and education to litigants, the likelihood of speedier case resolution is increased, which is the intent of CRCP 16.2.

Malia Reddick, Director of the Quality Judges Initiative at IAALS, was recently interviewed about the Minnesota Bar's judicial selection policy, which may or may not be retained this summer. Reddick says that Minnesota’s system is good, and could be even better by strengthening it against against the intrusion of politics, special interests, and money. A system that emphasizes a judge’s qualifications, rather than how much money a judge can raise to get elected or their personal positions on hot-button issues, creates a more stable, open, and impartial judiciary.

Socially conservative legislators in Alaska have proposed a bill that would remove the judicial council’s authority to make recommendations regarding judges standing for retention. In Tennessee, legislators have proposed a bill that would allow them to reconstitute the nine-member performance evaluation commission with no judge members. It would also authorize the commission to rewrite existing evaluative criteria and to prevent judges who receive a recommendation “for replacement” from standing for retention.

Arizona governor Jan Brewer signed a bill calling for the state’s judicial nominating commissions to submit at least five names for each judicial vacancy. As IAALS Online reported last month, some question the constitutionality of the bill, since the state constitution allows commissions to send a minimum of three names to the governor.

While advancements in technology have made marrying over the internet a reality, they have made the divorce process easier as well. Technology-assisted divorce breaks the divorce process down into easily managed and discrete steps, designed to avoid messy court battles. For example, the service Wevorce walks a family through all the steps, including the legal, financial, and emotional components of the divorce process.

In a recent article, The Guardian discusses why mediation may be the quicker, cheaper, and less confrontational avenue for divorce in the United Kingdom. According to the article, non-mediated divorce takes nearly 450 days on average and costs an average of £7,000, while mediated divorce proceedings take an average of 110 days and cost only an average of £535.

Legislatures in 17 states are considering whether to increase or eliminate their mandatory retirement age for judges. Mandatory retirement ages for state judges around the country range from 70 to 75. Pennsylvania’s supreme court recently agreed to hear a case challenging that state’s maximum age of 70 as discriminatory and in violation of the state constitution.

Public financing of judicial elections is currently seeing a mixed reception in a handful of states. North Carolina is considering discontinuing the public financing program for appellate races that the legislature established in 2002, while in Kentucky, the house of representatives has approved a bill establishing public financing for supreme court campaigns. Other states include West Virginia, New Mexico, and Wisconsin.

Divorce filings in China have surged recently due to married couples’ desire to avoid the country's new 20 percent capital gains tax. Because the tax only applies to second home sales, many couples reasoned that a divorce would enable them to claim that each had only one home and evade paying the tax.

The New York Times has published a debate about prenups, with several commentators recommending prenuptial agreements for those "who have sizeable wealth, own a business or are entering into a second marriage with significant personal assets." However, other commentators suggested different solutions for protecting personal wealth and, as a recent case in New York demonstrates, prenups are not fail-safe.

In an article in the March edition of The Colorado Lawyer titled "'No Written Discovery Motions' Technique Reduces Delays, Costs, and Judges’ Workloads," Colorado attorney Richard P. Holme touts the “no written discovery motions” technique, whereby the court addresses all discovery disputes with an in-person or telephonic discovery hearing instead of a written motion, at least at the outset. This technique presents a number of advantages for the judge and the parties.