News & Updates

The April 2012 edition of Selection Snapshots is now available.

In an interview with Paul Lippe on Legal OnRamp, Dean Martin Katz, Educating Tomorrow’s Lawyers executive committee member, discusses experiential learning, the Carnegie Report, and Educating Tomorrow’s Lawyers.

Competing proposals for judicial recusal were offered by the chief justice and a supreme court candidate. One plan would allow the other justices to determine when a colleague should recuse, while the other would leave the decision to an independent person or group. The full court must approve a rules change.

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.

Commentators speculated that this year’s judicial races could break past records for campaign spending. In 2010, with two seats on the ballot, $11 million was spent on TV ads alone, most of which were negative in tone and were funded by outside groups not required to file campaign finance reports.

The three supreme court justices up for retention in November are, reluctantly, campaigning to keep their seats. An effort known as Restore Justice 2012 has been launched to defeat them, citing “activist” decisions in cases involving health care, school vouchers, and corporate liability.

The March 2012 edition of Selection Snapshots is now available.

In December 2011, Rebecca Love Kourlis testified in a hearing on "The Costs and Burdens of Civil Discovery" before the Subcommittee on the Constitution of the House Judiciary Committee. A full video of the hearing is available on the Committee's website.

Professor David Thomson gave a talk on outcomes reform in legal education on March 29, 2012, at a conference sponsored by the Center for Excellence in Law Teaching at Albany Law School. He shared some of his thoughts on the topic and his presentation…

In an en banc ruling, the U.S. Court of Appeals for the Eighth Circuit restored provisions of the state code of judicial conduct that bar judges and judicial candidates from personally soliciting or accepting contributions from groups of fewer than 20 people, and from endorsing other political candidates.

We are pleased to share our 2011 Annual Report, which highlights our work during the past year and also peeks forward into 2012. We are honored to call you a friend, and hope that our work continues to merit that relationship. Truly, the work of…

Chosen by a vote of his fellow justices, Matthew Durrant was sworn in as chief justice. Durrant replaces Christine Durham, who stepped down after ten years as chief but remains on the court.

Governor Daniels selected attorney Mark Massa to replace the retiring Randall Shepard on the supreme court. The state judicial nominating commission will choose one of the five sitting justices to replace Shepard as chief justice. Indiana is one of three states with no women justices on the highest court.

Having raised $1.2 million and received Mayor Emanuel’s endorsement, Mary Jane Theis defeated her opponents in the Democratic primary by a 2-1 margin. Theis was appointed to fill a supreme court vacancy in 2010 and will face the Republican candidate in November to keep her seat.

On March 14, Senate leaders agreed to move forward with confirmation votes for 14 judicial nominees who had earned unanimous approval from the Senate Judiciary Committee.  The deal avoided the need for procedural votes to force confirmation votes through the Senate floor.  On March 15, the Senate overwhelming voted to confirm two federal district court judges.

Dean Chemerinsky’s most recent law review article on meaningful law school reform discusses clinical/experiential learning, the need for giving feedback to students, and the realities of budget limitations. “Legal education has changed remarkably little in over a century," he notes. “Change is long overdue.”

For the first time in history, the senate judiciary committee rejected a supreme court nominee. Governor Christie attributed the 7-6 vote not to confirm his nominee to an attempt by Democrats to appease unions after voting last year to revamp public employee health insurance and pension benefits.

The house judiciary committee approved by a 9-6 vote a measure that would constitutionalize the Tennessee Plan for selecting judges.

A district court judge struck down a ballot referendum scheduled for the June primary that called for the election of supreme court justices by district rather than statewide. According to the judge, the measure would alter the constitutional qualifications for service on the supreme court.

In anticipation of confirmation hearings for Governor Christie’s two supreme court appointees, public employees unions expressed concern to the senate about the governor’s partisan approach to judicial appointments. They allege that the governor selected a Republican “posing as an independent” in order to observe the tradition of party balance on the supreme court.