News & Updates

After a year of collaboration and innovation, IAALS Board of Advisors member Andrew Arruda has completed his term as our first entrepreneur-in-residence. We are deeply grateful to Arruda for his tireless work and invaluable expertise over this past year—and for everything he’s done to move our mission forward.

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.”

The Above the Line Network strongly supports the Commission on Indiana’s Legal Future recommendation to advise practitioners on alternative fee structures to address the state's attorney shortage. ATLN has submitted public comments to advise practitioners on alternative fee arrangements.

Rebuilding justice. This is an awesome charge. And it is one that IAALS has embraced since its beginnings in 2006. IAALS was started as an attempt to remake the American legal system. While our system has many virtues, it is inefficient. It is unequal. Fundamentally, it is imperfect. But we are a country of laws, and the legal process is the thread that holds together our enviable conception of democracy. Therefore, the desire for a perfect system of justice is a natural outgrowth of that foundational goal of a more perfect union. But justice is more than systems. Justice is about people. Justice is about hopes and dreams and goals. Justice is about dignity. This is why the idea of rebuilding justice is so awesome, so ambitious, and so necessary.  

Justice Paul J. De Muniz was elected to the Oregon Supreme Court in 2000 and served as the court's Chief Justice and administrative head of the Oregon Judicial Department from January 2006 to May 2012. As we launch IAALS Online, he joins three other former Chief Justices in the conversation about IAALS and its initiatives by discussing the work of our Honoring Families Initiative. "Like with other parts of our court systems, now is the time to ask hard questions about the structure, operation, tradition, and culture of our family courts. We could begin by asking whether our traditional adversarial model actually meets the needs of divorcing and separating families. Is it not time to reengineer our family courts in ways that are less adversarial, that encourage continued parental involvement with their children, and that provide for alternative forums and processes outside the court system for resolving parenting issues in a more consensual manner?"

A recent Wall Street Journal article details how one of America’s foremost jurists has declared war on legal jargon. Judge Richard Posner, who sits on of the Seventh U.S. Circuit Court of Appeals in Chicago, has launched an aggressive assault on legalese.

With less than a month until the November elections, a federal judge struck down the state’s limits on campaign contributions, finding that existing limits prevent candidates from mounting effective campaigns. The case was brought by conservative activists, corporations, and Republican groups.