News & Updates

The Democratic candidate for chief justice was removed as his party’s nominee for reportedly making “disparaging remarks about homosexuals, his Republican opponent and party leaders.” Following a hearing, a five-member party committee voted unanimously to take this step and reopened the qualifying period for candidates.

Eight U.S. states have adopted informal domestic relations trials to simplify divorce cases, especially for self-represented litigants. These trials streamline procedures, allow direct evidence submission, and enhance fairness, reducing court backlog and improving access to justice.

Lawyers, judges, and litigants alike have all come to the conclusion that the system is too expensive, complex, and time-consuming. If we are serious about having civil justice that is indeed just, speedy, and cost-effective, we have to make changes. Big changes.

According to financial disclosure forms, five of the seven justices serving on the supreme court in 2011 accepted travel or hospitality that was often provided by attorney associations whose members might appear before the court. Some legal scholars question the propriety of such arrangements.

Alternative Business Structures offer a promising, though still evolving, path toward expanding access to legal services in the United States. Early data from Utah and Arizona show encouraging signs, but critical questions remain.

In January, Law Week Colorado covered Denver’s new Center for Out-of-Court Divorce. The Center, based on IAALS’ recommended model for child- and family-centric divorce and separation services, grew out of our pilot project at the University of Denver, known as the Resource Center for Separating and Divorcing Families.

An analysis of voting in a supreme court primary election suggests “deep racial polarization.” In the race between incumbent justice Steve Gonzalez and a challenger who neither raised money nor campaigned, the challenger won 30 of 39 counties and nearly 40 percent of the statewide vote.

In a recent Colorado Public Radio/Colorado Matters story, the Center for Out-of-Court Divorce was featured as a promising alternative to the traditional lengthy, expensive, and often contentious in-court divorce.

For her third appointment to the five-member supreme court, Governor Brewer selected court of appeals judge Ann Scott Timmer, a Republican. Prior to this appointment, thirty-five of the 38 judges she had appointed since taking office in 2009 were Republicans.

“It is no secret that high-conflict litigation, particularly over a protracted period of time, only serves to increase hostility between a couple,” said Josepha Madigan, a member of the Irish Parliament who is advocating for a decrease in the time it takes to get divorced in the country. Current law requires married couples in Ireland to separate for four years before applying for divorce; the change would cut that time in half and allow for application after only two years.

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.

The Self-Represented Litigation Network (SRLN) recently released America’s Civil Courts: Whom Do We Serve? ­­—a geospatial story map designed to help the tens of millions of Americans attempting to navigate the civil legal system without a lawyer…

IAALS has just released a Rule One Initiative research report entitled Measuring Rule 16.1: Colorado’s Simplified Procedure Experiment. In 2004, the Colorado Supreme Court put in place Rule 16.1, a voluntary pretrial process for smaller dollar-volume civil cases, with the hope of providing a more efficient path to resolution. This new reports sets forth the results of an empirical study of Rule 16.1, including its role and impact.

In every state across the nation, judges in family court regularly deal with challenging custody issues as families proceed through the divorce process. And, recent amendments to Alaska’s divorce laws have added another important custody consideration: pets.

The Sedona Conference® has updated its Resources for the Judiciary, a reference manual for judges that is “intended to assemble and promote a variety of proven judicial management tools to help parties develop and execute appropriate, cost-effective, cooperative discovery plans; avoid unnecessary discovery disputes; and resolve discovery disputes that may arise in a fair and expeditious manner.”

IAALS board member Judge Kevin S. Burke wrote a column in favor of funding for legal services for the poor.

This week, Colorado Governor John Hickenlooper signed legislation to reauthorize and restructure the state’s judicial performance evaluation (JPE) program. Colorado was one of the first states in the nation to establish a JPE program to help judges improve their own performance on the bench and inform voters about that performance for judicial retention elections. The 1988 legislation that created Colorado’s program included a provision scheduling the program for repeal in 30 years—on June 30, 2019. Earlier this year, both the General Assembly and the Office of Judicial Performance Evaluation tackled head-on the challenge of drafting new legislation to keep the program in place, and IAALS applauds their efforts.

On the same day that jury selection began in the trial of a supreme court justice charged with illegal campaign practices, a Pennsylvania legislator introduced a measure that would end partisan elections for appellate judges.

The Institute for the Advancement of the American Legal System (IAALS) and its partners in a voter education effort in 2010 called “Know Your Judge” have won a legal challenge filed by Matt Arnold of Clear the Bench Colorado (CTBC).

The 6th Annual Educating Tomorrow’s Lawyers Conference is right around the corner! In addition to our fantastic lineup of program speakers, we are excited to have fifteen Ignite presentations from a broad swath of law schools and legal organizations. As you may know, it has become ETL Conference tradition to kick off the first day of the conference with a series of Ignites. Presenters have 6 minutes, 20 slides, and 18 seconds per slide to share their projects, successes, and ideas.