News & Updates

On November 3, the federal Civil Rules Advisory Committee met in Washington D.C. to discuss a range of issues—from current proposed rule amendments to future projects focused on discovery practice and active judicial case management. The Committee is…

Recently, during the Conference of Chief Justices and the Conference of State Court Administrators, many state chief justices, court administrators, and legislators attended or participated in a panel discussion in Washington, D.C., sponsored by the National Center for State Courts. At this discussion, panelists addressed how courts should best handle the severe judiciary budget cuts impacting the nation's courts, especially in light of the public's increasing demand for court services.

Judge Neil Gorsuch’s testimony before the Senate Judiciary Committee hearing this week underscored the difference between elected officials and judges. He repeatedly declined to answer questions about his personal views, declined to express his opinion of various precedents, and repeatedly swore to uphold the law, irrespective of the parties before him.

IAALS is privileged to benefit from the expertise of a diverse board of advisors that includes judges, practitioners, and others committed to our mission: the continuous improvement of the civil justice system. At the close of 2012, we said farewell to two board members: Justice Patricio Serna and Sue Dosal. And, on January 1, 2013, we welcomed three new board members: Judge Lee Rosenthal, Alan Carlson, and Sheila Slocum Hollis.

Colorado Public Radio's Ryan Warner watches a clip from The Paper Chase with Dean Martin Katz, University of Denver Sturm College of Law, and takes a look at the changing landscape of legal education.

Questions about when judges should recuse themselves from hearing cases—usually because a party perceives their ability to be impartial to be in doubt—have drawn renewed attention recently due to high-profile cases and closely divided U.S. Supreme Court decisions. For example, the high court ruled last year in Williams v. Pennsylvania that a defendant was denied a fair hearing in a capital case when the state’s chief justice did not recuse himself, because decades earlier the justice had prosecuted the case as then district attorney.

The Minnesota Supreme Court has adopted amendments to its Rules of Civil Procedure and General Rules of Practice that are aimed at “facilitating more cost effective and efficient civil case processing.” The amendments, which take effect July 1, 2013, adopt many of the recommendations of the Civil Justice Reform Task Force.

Rebecca Love Kourlis was interviewed on Colorado Public Radio about the "failing grades" she gave civil courts in Rebuilding Justice.

Russell has been with IAALS from the first moment. He came to us at the recommendation of Judge Richard Matsch of the Federal District Court in Denver. Russell had just left his position as Deputy Director of the Federal Judicial Center and joined the Brookings Institution’s Governance Studies Program. Judge Matsch told me that if we could get Russell on our Board, we would have won the lottery. And indeed, we did. Russell has been our secret weapon—our empirical conscience. 

Arizona’s house of representatives passed a bill that would increase from three to five the minimum number of candidates a nominating commission sends to the governor for each judicial vacancy. The constitution calls for the commission to submit at least three nominees to the governor.

Four years ago, Professor Andrew Schepard and his colleagues at Maurice A. Deane School of Law at Hofstra University developed a family law class that would strike a balance between doctrine and skills development. This week, we added it to our growing collection of innovative law school courses. In a recent interview, Professor Schepard discussed the course, which he has taught the last three years.

IAALS, in partnership with the National Center for State Courts (NCSC), continued its leadership on implementing Civil Justice Initiative reforms at a workshop held in Phoenix, Arizona, January 18-19. The program, The Nuts and Bolts of Civil Justice Reform, was co-sponsored by the NCSC and the Maricopa County Superior Court. Approximately 20 judges and court administrators participated, from Hawaii to Tennessee.

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.

The judicial nominating commission released 40 years of data on those who have been recommended and appointed to the D.C. superior court and court of appeals. The commission’s process has become increasingly transparent in recent years, beginning with the release of the names of all judicial applicants in 2008.

Bill came to IAALS as a representative of the American Association for Justice. I think initially he was a bit skeptical about our work and our mission. Over time, Bill has become a friend and a trusted colleague. He is entrepreneurial, visionary, and practical. We thank Bill for his artful purpose and for his collegiality.

The Judicial Conference Standing Committee on Rules of Practice and Procedure this week approved a package of amendments to the Federal Rules of Civil Procedure for publication and public comment. The proposed amendments to Rules 1, 4, 16, 26, 30, 31, 33, 34, 36, and 37 form a “package” of proposed rule changes that represent the culmination of several years of work on the part of the Civil Rules Advisory Committee.

The supreme court announced that it will not revisit its decision in Avery v. State Farm. The petition to vacate the decision was based on recent allegations that State Farm had contributed more than $3 million to the election campaign of one of the justices.

Legal services consumers want greater access to law and justice, and teaching unbundling—or limited scope representation—in law schools is necessary for new lawyers to develop the skills they need to operate in today’s changing legal services market.

Federal judges in the Southern District of New York are currently evaluating a pilot project, known as the SDNY Pilot § 1983 Plan, that defines how cases alleging false arrest, excessive force, or malicious prosecution are handled against the NYPD. While the project was instituted to address concerns regarding the increasing number of § 1983 cases being filed, and the increasing length of time to bring those cases to disposition, the Court’s request for feedback has resulted in a critical response by the plaintiffs’ bar.

In his latest article on law schools, David Segal takes aim at the law school accreditation standards set by the American Bar Association.