News & Updates

A Philadelphia-based Tea Party group vowed to challenge the retention of two supreme court justices on the ballot in 2013 if the state’s voter ID law is not in place for the November elections.

Ten years ago, few would have predicted that IAALS would have such an impact on the legal system. The world wasn’t exactly clamoring for another legal think tank, and aside from a few visionaries in Denver, no one foresaw the need for an organization dedicated to the improvement of the legal system rather than partisan advocacy. Yet ten years later, IAALS has succeeded not only in prompting a conversation about how cases get litigated but in touching off a broader reexamination of a number of assumptions about attorney control over litigation, discovery, and the relationship of the legal system to the people it serves.

This November, in addition to executive and legislative candidates, Colorado voters will be deciding whether or not to retain Colorado judges. Under Colorado’s system for selecting and retaining judges, all judges who will appear on the ballot must undergo a performance evaluation, the results of which are provided to the public as a tool for casting an informed retention vote. A website—www.knowyourjudge.com—is helping voters locate this information for the judges who will appear on their ballot.

IAALS has been instrumental in changing the landscape of Colorado’s civil pre-trial practice. It all began with Becky Kourlis’ provocative and influential speech at the American College of Trial Lawyers annual meeting in March 2007, where she outlined the disturbing trends and challenges facing our justice system. Becky’s talk was the seed that grew into the ACTL Task Force on Discovery and Civil Justice, which was tasked with taking a hard look at these problem areas and recommending improvements. IAALS provided a wealth of information, experience, necessary guidance, and high credibility to the Task Force.

Last month's ETL conference, entitled “The Development of Professional Identity in Legal Education,” brought together teams from its consortium schools, its ETL fellows, and many other legal education reform advocates. Some day in the not-too-distant future, prospective law students will seek out law schools and individual professors who have led, and will continue to lead, these important reform efforts – like those affiliated with ETL. We must facilitate the path to that day.

A couple of years ago at Aspen, Margaret Marshall, who retired as Chief Justice of the Massachusetts Supreme Judicial Court in 2010, issued a chilling warning about how nations lose the rule of law. Marshall, who spent her early years in apartheid South Africa, said that when the rule of law goes, it does so “astonishingly quickly. The current election cycle brings to mind Marshall’s admonition, and in particular, the allegation that the “game is rigged”  leads again to considering the kind of corruption that campaign donations foster: The Citizens United Problem. The case has become a dog whistle on both sides. Progressive surrogates suggest that if only the case could be reversed, the flow of donations from corporations to political campaigns would cease, and with it corruption of the process. On the other side, conservatives caution that to cease the flow of funds would eviscerate the First Amendment guarantee of free speech. And guess what, both sides use the parade of horribles to—you got it—raise money.

Governor Sam Brownback and his conservative allies have gained substantial majorities in both houses of the Kansas Legislature as a result of the recent general election. With this support, it is predicted that in early 2013 Governor Brownback will propose a constitutional amendment replacing the current merit selection system for the Kansas Supreme Court and Court of Appeals with partisan elections along with term limits to create turnover on the benches.

It has been just over a year since substantial changes were made to the Federal Rules of Civil Procedure, aimed at reducing the high costs and long delays faced by civil court litigants. And, this effort has not been limited to the federal courts. Many state-level changes have also been implemented across the country and Colorado has emerged as a leader by incorporating the federal amendments and making permanent many aspects of its Civil Access Pilot Project.

Two recent events have us reflecting on the reasons why it is important to collect and share data. At IAALS, we have concluded our final study of Colorado’s Simplified Procedure (Rule 16.1), which was enacted in 2004. In Texas, the Supreme Court has newly adopted a Rule for Expedited Actions (Rule 169). Both rules intend to provide a shorter, less expensive process for smaller cases. They also have aspects similar to various short, summary, and expedited civil action programs in place around the country.

Rebecca Love Kourlis, Executive Director of the Institute for the Advancement of the American Legal System (IAALS) and retired Colorado Supreme Court justice, discusses Educating Tomorrow's Lawyers and the importance of innovation in legal education.

Washington State’s innovative Limited License Legal Technicians (LLLT) program was recently evaluated by the National Center for State Courts and found to be a well-designed program for expanding legal assistance. LLLTs are non-lawyers who are specially trained to provide certain kinds of legal assistance. And, unlike paralegals, LLLTs practice without having to be supervised by a lawyer. Becoming a LLLT requires an associate-level degree of at least 45 credits and an additional 15 credits in family law from an ABA-approved law school. In Washington, the training is provided by the University of Washington School of Law, with Gonzaga University School of Law professors helping to teach the courses.

On January 17, The University of Arkansas at Little Rock announced that Michael Hunter Schwartz had been appointed the new dean of the William H. Bowen School of Law. Schwartz is an Educating Tomorrow’s Lawyers fellow, who has demonstrated a commitment to integrating practice-based learning and professionalism into the classroom. We thank Schwartz for his commitment to improving legal education and congratulate him on his much deserved appointment.

Newly elected president of the American Judges Association (AJA) and IAALS board member Judge Kevin Burke has launched a blog on behalf of the AJA.

Faced with rising numbers of people in poverty, funding deficiencies, and an increase in self-represented litigants in state courts, the Conference of Chief Justices and the Conference of State Court Administrators unanimously passed Resolution 5, in July 2015, to address these issues directly and to reaffirm their commitment to meaningful justice for all.

Justice Pat Roggensack and Marquette University law professor Ed Fallone were the top two vote-getters in the February 19 primary election for a seat on Wisconsin’s supreme court, and they will compete in the April 2 general election.

IAALS board member Russell Wheeler was interviewed for this article, which focused on a federal judicial selection process in which President Obama has been slow to nominate and the Senate has been slow to confirm federal judges.

No system of judicial selection and retention is perfect; however, merit selection systems attempt to balance judicial independence with voter accountability. Those are the comments of IAALS Executive Director Rebecca Love Kourlis who, along with IAALS Board Member Chief Justice (Ret.) Ruth McGregor of the Arizona Supreme Court, was interviewed by an investigative reporter for a  Goldwater Institute paper on the benefits of using a merit selection system for municipal judgeships.

Consistent with the promise made in its mission statement to “blend practical skills training with legal theory throughout the curriculum,” Golden Gate University School of Law integrates skills training and professional development across its curriculum, preparing students to be critical thinkers, problem solvers, and leaders in the legal profession. This commitment to experiential learning and fostering professional identity within law students makes GGU Law an ideal partner within the Educating Tomorrow's Lawyers Consortium.

Governor Christie publicly criticized a state trial court judge who ruled that requiring increased contributions to judicial pension plans is an indirect reduction in judges’ pay and in violation of the state constitution. The lawsuit was filed by a judge.

It is inspiring to watch as more and more states begin to address access to justice issues within their own courts. Arizona has been a leader in taking up the Call to Action from the Conference of Chief Justices and is in the process of implementing reforms. Arizona’s Civil Justice Reform Committee issued its report and recommendations, A Call to Reform: The Committee on Civil Justice Reform’s Report to the Arizona Judicial Council, in October 2016. The Supreme Court reviewed those recommendations and issued a series of rule changes that will take effect July 1, 2018.