News & Updates

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.

In mid-November, President Obama nominated Raymond P. Moore, a federal public defender, for a vacancy on the United States District Court of Colorado, which will open with the new year. Despite the fact that the process by which Moore was nominated mirrors versions used by twenty-one other states, there is concern that he may face a lengthy confirmation period, which has become a trend during Obama’s presidency.

Rich Baer is Senior Vice President and General Counsel of Liberty Media Corporation, where he is responsible for overseeing the company’s legal, regulatory, and compliance matters. Baer recently sat down with Educating Tomorrow's Lawyers to talk about legal education and how law schools can better prepare students with the practical skills they need upon graduation.

Stanton Dodge knocked on the doors at DISH until they hired him. His advice to young lawyers is to figure out what you love, and do that. For his part, he figured out that he was fascinated by the broadcast satellite business. He started in any position DISH would give him, and worked his way to the top. Stanton is now General Counsel. We first met in the elevators at the courthouse, when he was clerking for the Court of Appeals and I was newly on the Colorado Supreme Court. Many years later, he showed up at IAALS and told us he believed in our mission and wanted to support us. In the intervening years, he has helped us envision and execute on convenings, bring together stakeholders, identify key issues, and come up with solutions.

Professors JoNel Newman and Melissa Swain teach a unique clinic at the University of Miami Law School that integrates legal, medical, and social work to help students learn better patient/client advocacy skills. Students from both the law school and medical school are cross-trained in each other’s disciplines, bringing the two professions together through real and mock situations and simulating the realities outside the classroom.

In Rebuilding Justice, Rebecca Love Kourlis and Dirk Olin, in conjunction with the Institute for the Advancement of the American Legal System (IAALS), illuminate why the courts are critical and how they are being eroded, defaced, and undermined in the twenty-first century. Kourlis and Olin propose practical and empowering solutions that aim to improve the efficiency, accessibility, and integrity of the American judicial system.

In July, the nonprofit organization Progress Florida sent a letter to the Florida Constitution Revision Commission outlining proposed revisions to Article V, Section 11, of the state's constitution. The revisions add rules for judicial nominating commissions, such as limitations on membership and provisions ensuring impartiality. The Constitution Revision Commission meets every 20 years, per the state's constitution, to review and recommend constitutional changes to be put on the ballot for voters to consider.

Oklahoma has joined several other states—including Florida, Illinois, Kansas, Minnesota, North Carolina, Pennsylvania, South Dakota, and Tennessee—whose legislatures are considering changes to the process for selecting judges.

The Final Report by IAALS and ACTL was cited in this article, which discusses the implications technology may have on document review. Over the past 10 years, courts and commentators have struggled with this issue. Some, such as the American College…

Despite having some of the longest judicial terms in the country, Maryland does not have a program in place to evaluate the performance of its state judges. Coupled with recent allegations of misconduct and misapplication of law coming out of the state's courts, state watchdogs are sounding the alarm regarding the need to establish such a program. The Baltimore Sun is following the situation and including IAALS’ work in its coverage.

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.

Two new laws will require more online information about judges standing for retention in 2012. Under this legislation, the commission on judicial performance review will post a listing of cases in which judges ruled on the constitutionality of statutes, a short biography of each judge, and the full text of their decisions during the current term.

Denmark has been known for allowing quick access to many official documents and services online, including $60 online divorces within a week. But starting next year, Danish couples with kids who want to get a divorce will have to undergo a three-month “reflection period” with free counseling before they can officially divorce. Couples without children and couples where abuse is present can still opt for the faster divorce process.

Taking some lawmakers by surprise, prominent Republicans in the house and senate announced that they will continue their pursuit of a constitutional change to the process for selecting supreme court and court of appeals judges in the final days of this legislative session.

Justice Eakin was one of six appellate judges who retained their seats in the November elections.

The State of Oregon continues to blaze a trail in civil justice reform. A new report from the Oregon Judicial Department, released at the end of June, contains recommendations to improve civil justice in the state, and it provides a master class for other states looking to reform their own systems.

A new poll by the Center for American Progress assesses voter support for judicial selection changes that are currently under consideration around the country. The highest level of support—80 percent—was found for stronger disclosure laws for judicial campaigns. And, though Republican legislators in North Carolina want to move from nonpartisan to partisan judicial elections, 68 percent of voters nationwide prefer nonpartisan races.

Dennis Kaw is the General Counsel for Appliance Factory Outlet and its affiliates. In his Voices from the Field interview, Kaw remarks on the need for law students to have more practical experience in law schools before entering the profession. He also suggests that law schools emulate the business school model of teaching students leadership and strategy.

Dick Holme has been an invaluable resource at IAALS over the years. With his pioneering insights, steadfast dedication, and hard work, Dick has not only helped shape IAALS, but the legal system as well. We thank him for his continued thought leadership and philanthropic commitment to IAALS.