News & Updates

The senate voted unanimously to replace the existing judicial disciplinary body—the court on the judiciary—with a new entity known as the board of judicial conduct. The state bar and the supreme court would no longer have a role in selecting members of the disciplinary body, and greater transparency in its work would be required.

As I’ve learned from many years practicing and advocating for innovative design changes in legal education, teaching online does not and should not involve doing what professors have always done—lecturing, leading discussions, and delivering exams—just through internet-enabled platforms. Instead, law professors should implement design principles to their courses for delivery in any modality: classroom, online, or blended.

The call for cooperation in legal disputes is on its way to being enshrined within the Federal Rules of Civil Procedure in a more meaningful way. Several years ago, the Sedona Conference®’s Cooperation Proclamation called for greater cooperation between litigants in dealing with discovery matters. The idea calls for attorneys not to compromise their duty to be zealous advocates, but to strive for balance with their other duty as an officer of the court.

Governor Corbett attracted criticism with his first judicial appointment since taking office, choosing his close friend and chief of staff without consulting court officials and lawmakers as is the custom. The appointment requires senate confirmation.

This comment was submitted to the State Bar of California in support of the proposed Paraprofessional Program, which would authorize paraprofessionals to provide legal advice in areas such as family, consumer debt, landlord/tenant, employment/income, and collateral criminal cases, as well as represent parties in court (excluding jury trials).

Discovery in litigation can be complicated and expensive, and electronic discovery is no exception. The preservation and production of electronically stored information presents ample opportunities for complication and expense. To provide education for judges tackling these issues, IAALS and the National Judicial College will co-host a webcast on February 18, 2015, at no cost for state court judges.

Last Tuesday’s Supreme Court argument was the latest chapter in the Court’s struggle to balance electoral candidates’ right to solicit campaign donations against the appearance or actual threat of corruption that arises when litigants or attorneys donate to a judge’s election campaign and later appear before that same judge in court. What all the Justices seemed to agree about—that electing state court judges poses great risk to the legitimacy of the states’ judiciaries—remains beyond their power to remedy.

Citing the “Rule of Necessity” and the fact that he did not witness one of the events that gave rise to the case, Justice Patrick Crooks declined to recuse himself from the discipline case involving Justice David Prosser. Prosser and Justice Patience Roggensack have recused themselves, and Prosser requested that his other colleagues do so as well.

In October, IAALS continued the Redesigning Legal Speaker Series with a panel diving into into the innovative and creative changes judges have applied to make courts more accessible.

The West Virginia legislature has passed, and the governor has signed, a bill that makes elections for the state's judges nonpartisan. Despite the new legislation, it is not possible to remove all traces of partisanship from judicial races. An additional consequence of the new law is that it effectively ends straight-ticket voting for judges.

In What America Can Learn From Germany’s Justice System, James Maxeiner urges us to compare America’s civil justice system to its German counterpart for examples of how the civil justice system can be improved. Maxeiner highlights five ways in which…

The demand for affordable and accessible legal services is resoundingly clear. As allied legal professional programs gain momentum, they are undeniably reshaping the legal profession—even in the face of resistance from some attorneys.

Early results from Minnesota’s Expedited Litigation Track (ELT) pilot program suggest a reduction in the delays generally caused by either the discovery process or the filing of continuances. The ELT provides a more expedited process for select civil cases (such as personal injury and consumer credit) in two counties in Minnesota, with the goals of a corresponding reduction in the cost of litigation and increased access to the courts.

The Iowa State Bar Association has released its biennial survey of practicing attorneys on judges and justices up for retention this November.  The survey showed high approval ratings for all Iowa judges and justices, and the Bar Association plans to “urge voters this fall to retain all judges.”

Oregon has introduced a licensing system for legal professionals known as Licensed Paralegals to tackle the access to justice crisis. The Committee of Paralegal Assessors will review applications to ensure they meet the regulatory requirements for admission to the Oregon State Bar. 

In a recent amicus brief to the Alaska Supreme Court, the American Bar Association (ABA) argues that the Alaskan Constitution requires appointment of counsel to an indigent parent in a child custody case when a private lawyer represents the other party.

The commission on judicial performance released evaluation reports for 90 judges standing for retention in November. Only one judge—a county court judge in El Paso County—received a “do not retain” recommendation.

IAALS has released a new report with results and recommendations on how legal regulation innovation can address the continued and urgent legal services gap faced by the majority of Americans today.

So often when parents begin the process of separation and divorce they feel vulnerable and uncertain about how to proceed. Their greatest fear is the potential of harm to their children. The Center for Out of Court Divorce – Denver (COCD or Center) offers parents a proven way forward that is designed to reduce conflict, save time and money, and support the long term well-being of the family.

Instead of launching his own campaign to fight back against the effort to remove him, Iowa Supreme Court Justice David Wiggins affirmed his belief that politicizing the courts leads to outcome-motivated judges who hold themselves accountable to donors and critics instead of the law. Similarly, while Florida State Supreme Court Justice Peggy Quince has launched a campaign to stay on the bench, doing so makes her “uncomfortable.”