News & Updates

The U.S. Senate voted 52 to 48 to change its rules regarding use of the filibuster to block votes on nominees to the lower federal courts and executive branch positions. The immediate impact of this development will be to allow votes on three nominees to the U.S. Court of Appeals for the D.C. Circuit whose appointments Republicans have blocked. Writing for CNN.com, IAALS Board of Advisors member Russell Wheeler suggested that the three will be confirmed "but at a cost."

A divided supreme court altered its rules to allow chief justices to serve successive two-year terms, and up to eight years, and to be selected on criteria in addition to seniority. The revisions are based on the recommendations of a judicial branch study group.

On February 13, the Arizona Task Force on the Delivery of Legal Services filed a petition with the Arizona Supreme Court to eliminate Ethical Rule 5.4. Instead, the petition requests that the court adopt a framework for regulating what’s known as an alternative business structure.

The last of three hearings on the proposed amendments to the Federal Rules of Civil Procedure is being held today in Dallas, Texas, and our Executive Director, Rebecca Love Kourlis, is among those testifying. IAALS has submitted a Joint Comment with the ACTL Task Force on Discovery and Civil Justice, as well as a Report coming out of our Forum for Understanding and Comment on the Federal Rule Amendments.

Voters challenged a June 2012 ballot referendum calling for supreme court justices to be elected by district rather than statewide. The attorney for those challenging the measure asserts that the measure adds a requirement that supreme court justices live in the district from which they are elected and that legislators cannot alter such requirements by referendum.

While the pandemic's disruption increases the need for systemic improvements, it also offers a distinct opportunity to achieve them. As we respond to COVID-19, we should learn from the new efforts underway and work to make long-term, fundamental changes. Let’s seize this opportunity to make the changes we need to provide justice we can believe in.

IAALS Executive Director Rebecca Love Kourlis was interviewed recently on Divorce Source Radio, a resource for individuals and families going through divorce. According to Kourlis, the challenge for IAALS and others is to explore how we can “create a system that would nurture people through it to the extent possible . . . while still achieving the separation of legal rights and responsibilities that are associated with divorce.”

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.

September 17 marks Constitution Day, commemorating the signing of the U.S. Constitution in 1787. Today, IAALS looks back on a series of perspectives we published in 2016—authored by leaders across our government, judiciary, and legal profession—which are grounded in a belief that an independent judiciary is crucial to both the rule of law and the functioning of our democratic republic.

As the burgeoning campaign in opposition to the retention of the three Tennessee justices continues, those justices are responding with their own campaign. They recently gave an interview to a local news outlet in which they discussed the threat that the retention challenge poses to judicial independence. The Tennessee and Nashville bar associations have both entered the fray as well.

The supreme court adopted new rules that bar individual judges from taking budget requests and suggestions for revisions to the law directly to legislators without first getting appropriate approval. These rules are in response to judges’ role in lobbying lawmakers for a $50 million courthouse that has been labeled “Taj Majal.”

IAALS has named Professor David Yellen as its new chief executive officer, taking over leadership of the organization on June 1, 2021. "IAALS has a powerful, influential voice in efforts to improve the justice system and it gets results,” said Yellen. "I am delighted to join this outstanding team and to contribute to this urgently important work."

Professor and ETL Fellow John Lande of the University of Missouri School of Law has helped bring together a new collection of resources for law school professors who teach Alternative Dispute Resolution or who use ADR simulations in their classes. The website is intended to be a place where professors can learn about multi-stage simulations while sharing their own ideas and experiences using them.

A key feature of the Educating Tomorrow’s Lawyers initiative is the Consortium of 23 law schools committed to innovation in the spirit of the Carnegie Report. What are these schools like compared to law schools as a whole? This post will take up this question, looking at three issues: 1. What are the ETL consortium schools like as to the types of institution they represent, their tier in school rankings, and where are they located? 2. What kinds of innovation are they engaged in, particularly in the area of curriculum? 3. How do they look on these measures when compared to other schools?

In May, the Colorado Judicial Branch announced that a pilot program allowing documents in family court cases to be filed online will expand. Many courts in the last year have implemented or bolstered their e-filing systems in order to keep the legal system moving amidst courthouse closures during the COVID-19 pandemic.

IAALS would like to congratulate Malia Reddick, Consultant to our Quality Judges Initiative, on being named recipient of the National Association of Women Judges’ Award of Appreciation. Malia has been very involved with the NAWJ’s Informed Voters—Fair Judges Project over the years, and is being recognized for her many contributions and overall efforts to advance this important nonpartisan civics education.

This week The Metropolitan Corporate Counsel shared its interview with the President of Lawyers for Civil Justice, Wayne B. Mason, who spoke to the need for broad-based rule reform “to help achieve the consistency, uniformity, and predictability that is necessary to reduce the costs and burdens of modern litigation.”  

Last month, a bill was introduced in the Colorado Senate that would make text-message reminders to criminal and juvenile defendants required by law. More and more, courts are embracing technology as a way of keeping people navigating the justice system up to date.

With the new year comes reflections on the past, and predictions for the future. This is equally true in the world of e-discovery, and there are many commentators around the country who are taking this opportunity to reflect on the highlights of 2014 and make predictions for 2015. As for our predictions? We know changing the way the civil justice system operates is a function of changing Rules, case flow management procedures, and culture.

The state election commission voted to postpone consideration of whether the “rescue funds” provision of the public financing pilot program for supreme court candidates survived a 2011 U.S. Supreme Court decision that struck down a similar provision in Arizona’s program, reasoning that the provision has not yet come into play in this year’s races.