News & Updates

On August 20 and 21, the multidisciplinary Honoring Families Initiative (HFI) Advisory Committee convened in Denver. The meeting agenda included in-depth discussion of preliminary data collected over the last several months as part of the HFI Cases Without Counsel (CWC) project.

New Mexico Supreme Court Justice Patricio M. Serna will retire August 31, 2012. He has served on the Court since 1996 and was elected by his colleagues to serve a two-year term as Chief Justice, from 2001 through 2002. Justice Serna has served on IAALS' Board of Advisors since our beginning in 2006.

Around a third of American households live just above the poverty line, facing financial struggles yet ineligible for many social services such as free legal aid. Initiatives like the Above the Line Network aim to improve access to affordable legal assistance for these underserved communities.

Our collective view of litigation is a bit like the old New Yorker map, which shows New York City magnified, and then skips most of the rest of the country, landing on the west coast. Thomas Clarke, Vice President of Research & Technology for the National Center for State Courts (NCSC), recently made that comparison, and he is right.

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.

In a recent Wyoming Lawyer article, former Judicial Nominating Commissioner Jeremy Michaels shared his observations from his tenure on the Commission and addressed some of the myths that might keep attorneys from pursuing Wyoming judgeships. Michaels served a four-year term with two other attorneys and three lay people. The Chief Justice serves as Chairperson in case there is a tie. 

The Delaware Court of Chancery has amended its Rules regarding discovery, effective January 1, 2013, to "account for modern discovery demands" and to bring the Court’s rules in line with "current practice." The Court has also expanded its Guidelines To Help Practitioners In The Court of Chancery to include guidelines regarding discovery.

In a move prompting widespread criticism, the American Bar Association's 2010 law school questionnaire will not require schools to report the percentage of graduates in part-time jobs or in jobs that do not require a license. Click here to read the…