News & Updates

Judge Kevin Burke, a Minnesota trial judge and member of the IAALS Board of Advisors, seconded Ohio Chief Justice Maureen O'Connor's call for selection reform in her state. According to Judge Burke, selection reform in Ohio is needed for three reasons: judicial elections may negatively impact public perceptions of judges and courts, not enough voters participate in judicial elections, and more can be done to educate judicial voters.

Paul Lippe, the CEO of Legal OnRamp, weighs in on the ongoing conversation about legal education reform: But I see the issue differently. It is not that law school is incomplete in training lawyers—which by any definition it must be—but that it lacks engagement.

This week IAALS is cohosting the first in a series of webinars with NCSC focused on providing practical information and guidance on implementing civil justice reform. The webinars are part of our three-year Civil Justice Initiative implementation project focused on providing support for on-the-ground reform.

This summer, the Brooklyn Family Court Child Support Study hopes to improve the quality of legal assistance to self-represented litigants in child custody proceedings. Observers will track whether magistrates explain to self-represented litigants the reason for the hearings, explain the courtroom proceedings, and/or exhibit irritation with the litigants. Then, the observers will follow up with the litigants in a brief interview to discern whether the litigants found the proceeding to be fair and whether they understood what took place in the courtroom.

Diversity may be a factor in filling the vacancy. Indiana is one of only three states with no women justices, and only one justice of color currently serves on the court.

This month IAALS is co-hosting the third in a series of webinars with the National Center for State Courts focused on providing practical information and guidance on implementing civil justice reform, titled, "Civil Justice Reform: Making Motions Practice More Effective and Efficient." The webinars are part of our three-year Civil Justice Initiative implementation project focused on providing support for on-the-ground reform through education, expert assistance, regional action planning summits, demonstration projects, and a variety of tools.

In 2012, North Carolina was the only state with contested judicial elections in which voters were provided with performance evaluations of the judicial candidates—both sitting judges and challengers—on their ballot. It is fairly common for bar associations to offer ratings of sitting judges standing for retention or reelection, but this was the first instance of which IAALS is aware where a bar association also evaluated judicial challengers. Since 2012, the NCBA has also offered a voluntary, confidential evaluation program for new judges.

I predict that legal education in general and law schools in particular will continue to be under the microscope in 2012. Some of the criticism is appropriate, and Educating Tomorrow’s Lawyers is one of the efforts designed to address that legitimate criticism. Some of it, however, is both projection and scapegoating. 

Between 2016 and 2018, 11 states were awarded grants under the Justice for All Initiative. Now they've completed their strategic planning processes and are ready to begin the implementation phase, with common themes among plans being use of technology, strong governanance, and internal and external communications. 

As the public comment period continues on the proposed amendments to the Federal Rules of Civil Procedure, the Senate Judiciary Committee joined in the discussion this week by holding a hearing on the proposals. The hearing provided another opportunity for comment on the proposed rules and their potential impact. There was a consistent message from the hearing that empirical research plays an important role in our analysis of these issues.

The three candidates competing to be the Republican candidate for chief justice of the supreme court raised nearly $150,000 in January for the March primary campaign.

Artificial intelligence is no longer just the stuff of science fiction, as more and more entities globally—courts included—are exploring how AI can be utilized to improve processes and help customers solve problems more efficiently. The introduction of AI into courtrooms is exciting, yet it also raises numerous concerns and questions from the legal community.

IAALS Executive Director Rebecca Love Kourlis paid a pre-holiday, virtual visit to LXBN TV to talk about the effects of partisan elections of judges across the country. Kourlis weighed in on the same concerns that U.S. Supreme Court Justice Sonia Sotomayor recently voiced regarding the influence that partisan elections can have on judges’ decisions.

Nevada Senator William J. Raggio died on February 23. Senator Raggio was a 2010 IAALS Transparent Courthouse® Award recipient, along with his fellow Nevadan former Assembly Speaker Barbara E. Buckley. IAALS chose Senator Raggio because of his extraordinary efforts to promote a judicial selection system in Nevada that would assure impartiality and accountability.

New Mexico is one of the latest states to look to regulatory innovation to increase access to legal services. On January 24, the state supreme court approved a number of recommendations, including enlisting nonlawyer court navigators to assist self-represented litigants in navigating the system. 

Chief Judge Johnathan Lippman of the New York Court of Appeals has announced a new program designed to allow third-year law students to sit for the bar exam in February, so long as they devote their final semester to pro bono work. Ideally, the program will give indigent clients more access to legal representation, while also helping students gain the practical legal experience needed upon graduation from law school.

The judicial nominating commission created last April by Governor Perdue held hearings in three cities to hear from the public about the qualities and characteristics judges should possess. The commission screens and recommends applicants for positions on the supreme court, court of appeals, and superior court.

IAALS has announced that Scott Bales, its Executive Director, will step down effective July 31, 2020. Sam Walker has been appointed by the IAALS Executive Committee to serve as Interim Executive Director while IAALS conducts a nationwide search for the position.

Inter-branch tensions in Oklahoma have escalated in recent days over the state supreme court's handling of a death penalty appeal. A member of Oklahoma's house of representatives filed articles of impeachment against five supreme court justices who voted to stay the execution of two death row inmates. Tension was already brewing between the legislature and the high court over a 2013 decision that struck down a comprehensive lawsuit reform measure.

Governor Haslam indicated that he would support moving to a federal selection system for the state’s appellate judges, after a senate committee approved such a proposal. Earlier this year Haslam joined with Lieutenant Governor Ramsey and House Speaker Harwell to sponsor a bill that would constitutionalize the current merit selection and retention plan. A third measure calling for contested elections of judges is also under consideration.