News & Updates

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.

Today, IAALS announces the release of The Initial Discovery Protocols for First-Party Insurance Property Damage Cases Arising from Disasters Protocols, which provides a new pretrial procedure for cases involving first-party insurance property damage claims arising from man-made or natural disasters. 

Chief Justice Wallace B. Jefferson of the Supreme Court of Texas announced this week that he will resign from the court effective October 1. He has served on the court since 2001. Chief Justice Jefferson implemented a number of administrative innovations during his tenure as chief. Chief Justice Jefferson is a founding member of the O'Connor Advisory Committee to the Quality Judges Initiative, having joined the committee soon after it was established in late 2009.

In discussing his plan to challenge a supreme court-ordered formula for state education funding, Governor Christie pledged to nominate two new supreme court justices this spring who would not “grossly” overstep their powers. The court ruled in May 2011 that Christie’s cuts to education funding were unconstitutional.

In April 2019, the California State Auditor filed her report on an investigation into the Commission on Judicial Performance, the state's judicial conduct body. There is growing interest nationally in judicial misconduct and the entities in each state (and federally) that investigate complaints, and in 2018, IAALS prepared its own Recommendations for Judicial Discipline Systems.

Florida has a commission-based judicial appointment process wherein the governor appoints all members of the nominating commissions, with some of the governor's appointees come from candidate lists submitted by the Florida Bar. According to a new report, Governor Rick Scott often rejects the bar lists and requests additional names, unlike his predecessors Charlie Crist and Jeb Bush, who always accepted the bar's recommendations. And, the pace of these rejections is expected to rise.

The 2011 Law School Survey of Student Engagement reported that 83 percent of students rated their law school experience as "good" or "excellent." Forty percent "felt their legal education had contributed 'only some or very little to their acquisition…

Online dispute resolution platforms have existed for over two decades and have carved out an important and expanding role in the legal landscape. The 2019 International ODR Forum was held last month in Virginia, during which IAALS team members participated in discussions about the future of ODR.

We previously shared Judge Paul W. Grimm’s standard Discovery Order, which we recommend to state and federal court judges alike as a model and inspiration to manage the pretrial discovery process. Judge Grimm has made some revisions to his Order, including expanding the definition of proportionality and making reference to the possible use of Technology Assisted Review as a means to keep costs down. Download his new Order here.

A judge under indictment for soliciting a bribe from a judicial applicant (among other charges) resigned from the bench to avoid disciplinary proceedings regarding offensive comments he made about gay people.

In a recent op-ed, Joanne Slotnik, former executive director of the Utah Judicial Performance Evaluation Commission, touts the state’s successful judicial selection system, which includes robust performance evaluation for judges and retention elections by the public.

HB 3380 would establish a judicial performance evaluation program for Oklahoma’s appellate and trial judges, and is remarkably similar to processes that already operate successfully in seven states where judges appear on the ballot, as they do in Oklahoma. The contemplated JPE program in Oklahoma is objective, broad-based, and apolitical, and an improvement on existing processes.

Former chief justice Roy Moore won a three-way Republican primary race for the chief justice spot and will run against the Democratic nominee in November. Moore was removed from the supreme court in 2003 for defying a federal court order to remove a Ten Commandments display from the state judicial building.

My recent experience with the civil justice system—even pre-COVID-19—has been frustrating, to say the least. Through it all, though, my journey through the system has given me a more personal perspective on the importance of our work at IAALS and helping the real users of our system—like me—have better and more efficient access to justice.

Celebrity couple Gwyneth Paltrow and Chris Martin recently announced their intent to separate, and asked for privacy during their period of “conscious uncoupling.” The term has been embraced by some as a productive shift in the way couples conceptualize divorce. Conscious uncoupling refers to a process whereby couples take an intrinsic focus as to the reasons for their divorce, rather than externalizing blame and rancor toward their partner.

A state bar task force is considering a variety of judicial election reforms, including creating a response committee to identify false statements made in judicial campaigns, providing a voter guide with information about judicial candidates, and encouraging candidates to sign a “fair campaign” pledge.

On the heels of the third and final phase of the three-year project, this week the Family Justice Initiative is launching new web pages and an online report to support state courts’ efforts to develop and implement plans to improve justice for families.

Ending months of speculation, Governor Chris Christie re-nominated Chief Justice Stuart Rabner to the New Jersey Supreme Court. The move was part of a political compromise with senate leadership, which agreed in exchange to support the nomination of a Christie ally to the supreme court. The deal between Governor Christie, a Republican, and Democrats in the senate will fill one of two seats on a court that has had two vacancies since early 2012.