News & Updates

You may have noticed a new voice in our Honoring Families blog posts. Natalie Knowlton has been with IAALS since 2006 and joined the staff full time in 2008, working first as a Research Analyst across initiatives and then as Manager of the Quality Judges Initiative. Now, she will make significant contributions to our Honoring Families Initiative as its Director.

This month we are welcoming a new contributor to our ranks. Katherine Kirk will replace Cindy Pham, who served as our first student contributor and helped us get IAALS Online off the ground. Like Pham, Kirk will highlight news and articles related to IAALS' four initiative areas. Kirk is a 3L at the University of Denver Sturm College of Law.

Less than a week after the supreme court struck down a civil justice reform measure known as the Comprehensive Lawsuit Reform Act of 2009, some state legislators called for a study of term limits for appellate judges. According to House Speaker T.W. Shannon, it is lawmakers' duty to monitor the government's balance of power, but other legislators described the study as retaliation for the recent decision and other unpopular rulings.

The Tennessee legislature opted not to renew the state’s judicial nominating commission, and it is set to expire on June 30. Three appellate judges announced last week that they will not stand for retention in August 2014, with the expectation that the commission could screen applicants and nominate candidates to fill their vacancies before it ceases to exist in a few weeks. At least one legislator is concerned about setting the judicial selection process in motion more than a year before the vacancies occur.

A one-day divorce program that launched this spring in the Sacramento Superior Court is streamlining the process for self-represented litigants who have filed a dissolution of marriage case before the Court and are ready for a final judgment. According to the court, law students are playing “a vital role” in the success of the program, meeting with litigants and gathering intake data; the program is also benefiting from the assistance of volunteer attorneys who serve as Judges Pro Tem.

The Judicial Conference Standing Committee on Rules of Practice and Procedure this week approved a package of amendments to the Federal Rules of Civil Procedure for publication and public comment. The proposed amendments to Rules 1, 4, 16, 26, 30, 31, 33, 34, 36, and 37 form a “package” of proposed rule changes that represent the culmination of several years of work on the part of the Civil Rules Advisory Committee.

In our recent publication in the Kansas Law Review, “The American Civil Justice System: From Recommendations to Reform in the 21st Century,” we explore the national momentum that has arisen around reducing the costs and delays associated with civil litigation. In this article we explore the history of recent efforts, and we note the important empirical research over the last five years that has laid the groundwork for understanding what is working, and what is not, in the civil justice system.

Following its 2009 decision in Varnum v. Brien overturning the state ban on same-sex marriage, the Iowa Supreme Court recently held that the state must allow same-sex couples to have both their names listed on the birth certificate of their newborn child. Justice David Wiggins reasoned that same-sex couples “enjoy the same benefits and burdens of parenthood” as heterosexual parents and, therefore, are entitled to the fundamental right of parenthood at the moment of birth.

According to U.S. News, separating spouses should plan for the future education of their children together and, in the process, pay special attention to funds saved prior to the divorce settlement and the shape that funding such accounts will take into the future. The article highlights several options for doing so and emphasizes that both during and after a divorce, communication between parents is paramount.

David Trickett is the founder of The Jefferson Circle, which focuses on the re-connection of people with purpose at the individual, organizational, and societal levels. He works to ensure that good ideas and aspirations can be lived out, and brings his expertise to the Educating Tomorrow's Lawyers Advisory Committee. In his Voices from the Field interview, Trickett discusses the formation of professional identity in law students and the capacity to better serve clients.

Colorado Magistrate Judge Simon Mole recently penned a blog post in which he comments on IAALS’ study and analysis of data from Colorado pilot programs that instituted proactive case processing in family law cases. Magistrate Judge Mole suggests that the study deserves more than just academic interest, especially “at a time when the ATJ community looks to simplify civil procedure for self-represented litigants.”

In a recent article by Judge Kevin Burke, a member of the IAALS Board of Advisors, and Babak Armajani, they discuss several key areas in which courts are failing to meet the needs of the public, and a few states that are taking steps in the right direction. In states where careful consideration of problems and measurement of remedies is taking place, positive and dramatic changes can begin to take hold in the culture and operations of our courts.

This September, IAALS and the National Judicial College will host an educational summit exclusively tailored for state court judges on all facets of the discovery of electronically stored information (ESI)—from preservation to production to eventual use at trial. The Summit will feature nationally renowned speakers and will provide both a core of basic training for judges on e-discovery and in-depth and interactive discussions on the more complex issues facing judges in state courts across the nation.

In remarks at last week’s annual conference of the state bar association, Justice Barry Albin encouraged members of the legal profession and the public to defend New Jersey’s courts against attacks by the other two branches based on dissatisfaction with court decisions. He went on to suggest that the governor and the legislature have injected politics into the judicial appointment process.

The Minnesota Supreme Court continues to implement rule changes stemming from the recommendations of its Civil Justice Reform Task Force. On May 7, 2013, the Court adopted an Order authorizing the creation of a Pilot Expedited Civil Litigation Track "to promote efficiency in the processing of certain civil cases," reduce costs, and provide a quick and reduced-cost process for obtaining a jury trial when civil actions cannot be resolved by judicial decision or by settlement.

On March 7, 2013, Chief Justice Jean Hoefer Toal entered an Administrative Order recognizing the successful ad hoc use of a Fast Track jury trial process in South Carolina and implementing the voluntary process statewide. The Court also adopted Rules and Procedures for the Fast Track jury trial process, which apply in the absence of agreement of counsel otherwise.

Bob Emery is one of the preeminent national experts on issues related to children and divorce. In this video excerpt, he captures the essence of the problem: almost all of the systems that relate to divorce and separation are geared around the parents, lawyers, or judges. Very few systems are geared to the needs of the children. At the Resource Center for Separating and Divorcing Families, which will debut on campus at the University of Denver this fall, there is a specific role for the voice of the child.

It has been an eventful week judicial selection-wise in the Kansas legislature. On Monday, the chairman of the senate judiciary committee announced the details of a compromise selection reform proposal for the state’s appellate judges, which the Kansas Bar Association's board of governors rejected on Tuesday. And on Wednesday, the house judiciary committee chair introduced three new proposals aimed at the appellate court.

As a former Chief Justice of the New Hampshire Supreme Court and a current member of the IAALS Board of Advisors, I commend Governor Maggie Hassan for her wisdom in establishing the Judicial Selection Commission to advise her in filling vacancies on our state’s courts. Such a commission ensures that political considerations take a back seat to qualifications, experience, and judicial potential in selecting judges.

In a recent speech to the Ohio State Bar Association, Chief Justice Maureen O’Connor identified eight areas in which the state’s process for electing judges might be improved. Among the reforms that O’Connor put on the table were the creation of a nominating commission to advise the governor in filling judicial vacancies between elections. O’Connor encourages public discussion of the reform proposals through a new website.