News & Updates

A local chapter of the League of Women Voters hosted a forum on diversity in state courts as part of a national campaign to promote impartial courts and judicial diversity. The League made several recommendations for enhancing diversity among the state’s judges, most of whom are elected by the legislature after being vetted by a commission composed of legislators and members of the public.

The Wisconsin Lawyer recently reviewed IAALS' Foundations for Practice study and discussed some of its ties to Wisconsin's legal community. Of the more than 24,000 lawyers nationwide who participated, 500 were from Wisconsin. In the first part of the survey, at least three-fourths of those respondents said that characteristics were vital for new lawyers to have right out of school, while professional competencies and legal skills were less immediately valuable. Alli Gerkman, the director at IAALS who oversees the Foundations project, emphasized that the survey suggests that legal skills were still important, but new lawyers do not need to have them all mastered right out of law school.

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.

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.

According to the author, 12% of Canadian law school graduates are currently unable to secure an articling position. In light of this, the article urges Canadian law schools to look to legal education reform efforts in the United States that were inspired by the Carnegie Report.

IAALS’ recent report describes a large but relatively unknown group of executive branch adjudicators who are not "Administrative Law Judges" (ALJs) governed by the Administrative Procedure Act. The report describes principal Non-ALJ characteristics, giving special attention to the degree to which agencies that employ them seek to protect their impartiality.

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.

Following this decision, the judicial selection commission revised its rules to allow for public disclosure of nominees. The commission recently announced the names of six nominees sent to Chief Justice Recktenwald for appointment to a district court vacancy.

This month, IAALS welcomes Lynnea Louison as our new Senior Director of Operations. We are so fortunate to have someone of her experience and caliber join our team, and we are excited for what the future holds. Welcome to the IAALS family, Lynnea!  

Part of what we do at IAALS is to convene people who have different viewpoints around a particular topic—in hopes that areas of consensus will emerge from the dialogue. We convened one such group last spring, comprised of ideologically and experientially diverse participants, on the subject of judicial selection and the attributes we want in our judges. Focused on a simple question, "What are the most important characteristics or qualities of a judge," there was remarkable unanimity around the room.

In upholding the state’s ban on direct corporate contributions to political candidates and parties, the supreme court noted that judicial elections are particularly vulnerable to anonymous spending by large corporations.

Technological advances in the legal field are growing around the world, but different countries are seeing that growth manifest at different speeds and in different ways. In Australia, legal technology is just beginning to explode, and very quickly.

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.

The current standards for education of new lawyers are problematic, but we cannot fix legal education without addressing the challenges that face the legal system as a whole.

In partnership with national experts, IAALS has developed three new guides to support real change in state courts. Stemming from our work on the Civil Justice Initiative and Family Justice Initiative, the guides are designed to assist in creating effective self-help information for those who need it, developing problem-solving approaches for families in court, and providing insight for judges who interface with self-represented litigants.

In a recent opinion dissenting from the denial of certiorari in an Alabama death penalty case, U.S. Supreme Court Justice Sonia Sotomayor questioned whether the pressures of partisan judicial elections influence judges' decisions in cases involving hot-button issues like capital punishment. Social scientists have examined the question before, and have come to similar conclusions.

Though they have been proponents of electing judges in the past, two justices are calling for moving to some form of merit selection for the state's supreme court. Justices Crooks and Bradley cited concerns about the surge in spending on supreme court races, as well as the lack of meaningful disclosure and recusal rules.

From my perspective as the director of a law school innovation lab, legal education is disengaged from the regulatory reform effort: only a handful of legal academics have chimed in on regulatory reform or been involved in task force efforts. But legal education should join the conversation and prepare for the changes ahead, for several reasons.