News & Updates

This special edition of Selection Snapshots provides an overview of the challenges to judicial retention, court-related ballot measures, supreme court elections, public financing of judicial campaigns, and judicial campaign oversight committees.

In response to the weak job market, Boston College of Law has created a new position — faculty director of experiential learning. The director will be responsible for underscoring and enhancing BC Law’s emphasis on real-world experience for law students. The school hopes this new position will help ensure their graduates are prepared "for every aspect of the practice of law in our global community.”

On Bill Moyer's show, Sally Pederson and Joy Corning, co-founders of a bipartisan coalition called Justice Not Politics, discuss the risks to the judicial system when "justices are at the mercy of partisan passions and money in politics." Justice Not Politics successfully campaigned against conservative groups in Iowa that were working to oust a justice involved in a 2009 unanimous decision recognizing a constitutional right to same-sex marriage.

The Educating Tomorrow’s Lawyers Initiative at IAALS is pleased to announce the addition of a new, innovative course to its growing list of course portfolios. International Business Negotiations is taught by Jay Gary Finkelstein and Daniel D. Bradlow at the American University Washington College of Law. The course is a semester-long simulated negotiation of an international business transaction offered to upper level JD and LL.M. students.

Because the exhausting and emotional impact of divorce extends often extends into the work environment, the Huffington Post suggests businesses should actively take a part to improve how courts handle divorce and custody issues. The Huffington Post relies on IAALS Executive Director Rebecca Love Kourlis' article, "It's Just Good Business: The Case for Supporting Reform in Divorce Court," in which she states that if the family court system "can be improved -- such that they cost less money, take less time, and are less adversarial and inflamed -- not only will employees benefit, but so will their employers.

LawWeek Colorado recently interviewed Executive Director Rebecca Love Kourlis about IAALS' efforts to build public confidence and trust for judges and the court system. Referencing a recent publication of the Quality Judges Initiative, "Cornerstones of State Judicial Selection," Kourlis asserts that constituents expect judges to be honest, fair, and faithful to the rule of law and for courts to be impartial, accountable, and transparent. To achieve these principles, Kourlis says that citizens need to think critically about whether the current judicial retention system is delivering what they want out of judges and the courts.

While the last decade has seen a sort of "nationalization" of state high court races, coverage of election night results remains below that of congressional races. In 2010, the National Center for State Courts (NCSC) attempted, thanks to advancements in reporting from the various secretaries of state as well as social media, to offer up election night coverage via Twitter (@StateCourts) and with a website dedicated to compiling the results. Coverage will be back again in 2012.

A Nationwide study reports that many married couples are opting for long-term separation because they cannot afford to divorce - especially if there are children involved. The study found that couples who remain separated are more disadvantaged than those who end up divorcing. In addition, those who separated without divorcing also tended to have more children than those who divorced.

Addressing efforts to oust Justice David Wiggins from his seat on Iowa's high court because of an unpopular decision, the O’Connor Advisory Committee Chair, Justice Ruth V. McGregor, has written an op-ed about how special interest groups are "asking Iowa’s voters to disregard the fundamental principles of a state justice system that has served Iowa well."

An ad sponsored by the Washington, D.C.-based Judicial Crisis Network criticizes a supreme court candidate for volunteering to provide free legal representation to individuals suspected of terrorism. Spending on the ad is expected to top $1 million.

Professor David Thomson from The University of Denver Sturm College of Law has provided a thorough breakdown of the first annual Educating Tomorrow's Lawyers Conference on his blog, Law School 2.0. Professor Thomson, one of ETL's first Fellows, was recently honored with the University of Denver's Distinguished Teaching Award, which recognizes excellence in teaching and its significant impact on students.

The ACLU of Indiana filed a constitutional challenge to the process for electing superior court judges in Marion County. Under a system that may be unique, voters in each of the major party primaries cast ballots for half of the judicial seats to be filled. This ensures partisan balance on the bench, but it also makes the general election a mere formality.

Four justices who served with former chief justice Roy Moore are among 10 current and former justices of both parties who have endorsed his opponent in Moore’s bid to be chief justice again. He was removed from the court in 2003 for ignoring a federal court order to remove a Ten Commandments display from the state judicial building.

Data collected by the judicial selection commission indicates that interest in applying for a state court judgeship has declined over the years. The most striking example of this is that, while 24 attorneys applied for a supreme court vacancy in 2003, only seven did so in 2011 and only nine applied in 2012.

In 2004, challenger Will T. Scott defeated incumbent justice Janet Stumbo. In 2012, Stumbo is challenging Justice Scott to regain the seat. The judicial campaign conduct committee has labeled ads by both candidates misleading, with at least one ad appearing to be designed to appeal to racial prejudice.

Responding to the Oklahoma Civil Justice Council’s rating of justices standing for retention based on their decisions in civil liability cases, a group known as “Yes for Fair and Impartial Judges” mounted an educational campaign to encourage voters to consider the justices’ integrity, fairness, and impartiality.

In a promised follow-up to his prior blog post on IAALS’ Third Civil Justice Reform Summit, Professor Jordan Singer of New England Law│Boston discusses the new set of civil rules in Utah, which were implemented a year ago today.

What began two years ago, with a group's successful ousting of three Iowa Supreme Court Justices who ruled in favor of allowing same-sex marriage, has escalated into a movement to rid state courts of justices who have made undesirable rulings. Instead of pushing to remove justices for misconduct or incompetence, groups are doing so because of disagreements over particular decisions.

Last month's ETL conference, entitled “The Development of Professional Identity in Legal Education,” brought together teams from its consortium schools, its ETL fellows, and many other legal education reform advocates. Some day in the not-too-distant future, prospective law students will seek out law schools and individual professors who have led, and will continue to lead, these important reform efforts – like those affiliated with ETL. We must facilitate the path to that day.

On November 6th, Arizona citizens will be voting on Proposition 115, which aims to modify Arizona's merit selection system by giving the governor more power over the judicial nomination process. Justice Ruth V. McGregor and Judge James A. Soto warn against this ballot proposition, stating that it will "undermine the present merit-selection system for selecting judges and let politicians control the judicial selection process."