News & Updates

Randall Shepard, currently the longest-serving state chief justice, announced his intention to retire as of March 2012. The judicial nominating commission will screen applicants to fill the supreme court vacancy and send three names to Governor Daniels. The commission will also select the next chief justice.

We have been very fortunate to have Mark Nadeau on our Board of Advisors. Mark’s depth of thought, intellect, and candor—and his deep generosity—have been valuable assets at IAALS, and we count him among our blessings.

Indiana's superior courts are created by statute, and as such, the method of selecting judges is determined by statute as well and varies from county to county. In two counties, superior court judges are chosen through a commission-based appointment process, while in all other counties these judges are chosen in partisan or nonpartisan elections. Both of these selection processes are currently the subject of controversy.

At the 2012 AALS Annual Meeting, former New York Law School Dean Richard Matasar urged a group of legal educators to prepare to change: "We know there are storm clouds on the horizon," Matasar said, as he ruminated about the poor job prospects facing…

Innovations in the delivery of legal services can also be laboratories for testing innovations in legal education. Many innovations in education spring from the IAALS out-of-court divorce model and had an effect on the law students who participated in the on-campus center that provided the services.

Drawing attention to the costs of high-end divorce, Justice Matthew Cooper of the New York Supreme Court recently refused to go along with longstanding legal precedent that assigns responsibility for attorneys’ fees in divorce cases to the party with the most assets. Justice Cooper made his ruling in the three-year divorce case of hedge fund manager George Sykes, which has accumulated approximately $1 million in legal fees to-date.

A proposal to amend the constitution to establish merit selection and retention for appellate judges and justices met with support and opposition from both Republicans and Democrats in the legislature. The proposal would make constitutional a selection system that is currently statutory.

IAALS’ Court Compass project is all about incorporating user-centric design into courts’ reform process to engage and empower litigants in creating solutions and to help improve their trust and confidence in the legal system. The results of IAALS’ model workshops were just released in a new report, titled Redesigning Divorce: User-Driven Design for a Better Process.

This spring, IAALS and the Sturm College of Law will host a three-part speaker series, bringing together perspectives from the legal profession, academia, and state supreme courts. How people access legal services not only profoundly affects justice, but also has important implications for those who study, teach, or practice law. Join us in this stimulating series of talks about changes that can help us move towards the goal of justice for all.

In his Voices from the Field interview, Bill Walters, Partner at Heizer Paul and former president of the Colorado Bar Association, suggests that law schools need to expose students to the various career options they have following law school, which extend far beyond the traditional big firm practice of law.

The senate rejected a proposal supported by Governor Brownback that would have eliminated the judicial nominating commission's role in screening applicants for the state's court of appeals and given the senate a role in confirming appointments to this court.

The Advisory Committee on Civil Rules met virtually on April 1 and covered a number of different updates and discussion topics, including proposed amendments to Rule 30(b)(6). And, instead of the usual legislative update, Judge Bates provided an update on recent pandemic-related events related to the Committee. 

In a classic example of "two heads are better than one," a group of stakeholders and legislators has come together to accomplish a substantial compromise on parental responsibility legislation and the family court process in Minnesota. The group took what were two sets of polarized opinions and came to a compromise that encompasses changes to parenting time, custody issues, and other family court processes in the state.

One of the most fundamental skills an attorney can learn is how to properly counsel a client. Client counseling begins from the first meeting and flows through every step of the case. Sometimes it even continues after the case is over. In order to effectively counsel your client when emotion is involved, a lawyer has to be able to let her client express emotion but still gather facts and present the client with legal options to guide the case.

The California Board of Trustees is meeting today to consider the charter and composition of the Closing the Justice Gap Working Group. We at IAALS applaud the board for creating the working group and committing to move forward with important and innovative legal services solutions, but we strongly encourage them to significantly diversify its membership.

The Cook County Circuit Court in Illinois recently revised its rule in domestic relations mediation. The goal of the revision was to give the courts more flexibility in handling each case as effectively as possible and to give parties the choice to participate in an alternative dispute resolution process that best suits their needs.

The Republican candidate for attorney general voiced his support for moving to a federal system of selecting judges. Such a proposal passed a house committee in March and is under consideration in the senate judiciary committee.

Courts currently face a backlog of civil cases that have been placed on hold since mid-March, as well as a predicted wave of case filings stemming from the pandemic. Courts need a framework to adapt to their new reality—and they already have that framework and tools to make meaningful and mandatory changes.

IAALS warmly welcomes and honors the founding members of its newly formed Law Firm Council. The LFC was formed in 2013 to provide a group of national firms who are invested intellectually and financially in IAALS’ mission with an opportunity to have a voice in our work. LFC members are an essential resource to IAALS as we seek to identify issues within the American legal system and forge practical solutions to them.

Scott Fruehwald featured Educating Tomorrow’s Lawyers for our Family Law with Skills course, co-taught by Andy Schepard and Herbie DiFonzo.