Case Management

Courts currently face a backlog of civil cases that have been placed on hold since mid-March, as well as a predicted wave of case filings stemming from the pandemic. Courts need a framework to adapt to their new reality—and they already have that framework and tools to make meaningful and mandatory changes.

Courts across the country have made giant strides in the use of technology in the wake of COVID-19. The Conference of Chief Justices and Conference of State Court Administrators are urging state court officials to continue this momentum, and they have recommended six principles related to courts’ use of technology going forward.

On the heels of the third and final phase of the three-year project, this week the Family Justice Initiative is launching new web pages and an online report to support state courts’ efforts to develop and implement plans to improve justice for families.

​Last month, the National Center for State Courts released their 2020 Trends in State Courts, which includes discussion of the Family Justice Initiative and its Principles for Family Justice Reform. The principles emphasize problem solving and cooperation between parties—especially when children are involved.

For the second year in a row, Ohio is on track to make significant amendments to its Rules of Civil Procedure and to pilot a second civil justice case management reform project. These amendments align with national recommendations for reform and reflect similar reforms made in Idaho, Maine, Missouri, and Texas.

This month, The Pew Charitable Trusts released a new report that looks at trends in debt collection lawsuits in the United States and suggests steps that courts can take to modernize our state civil justice system and ensure access to justice. The economic impacts of the pandemic make these recommendations all the more critical and timely.

Last year, IAALS surveyed members of the American Board of Trial Advocates about their trust and confidence in the legal system and factors that influence their perspectives. A substantial majority of respondents reported high levels of confidence in both the state and federal court systems, but others gave us reasons for their declining confidence.

IAALS has launched a new project to help courts more quickly resolve the anticipated wave of business interruption insurance cases stemming from COVID-19-related closures and losses. The project will develop pattern discovery protocols specific to these cases, in an effort to reduce conflict and cost and to help both businesses and insurers alike reach a quick resolution.

Earlier this year, the National Center for State Courts published a set of recommendations for the redesign of the Marion Superior Court in Indianapolis, Indiana. Many of the suggestions stem from the Family Justice Initiative—supported by IAALS and the NCSC—and its Principles for Family Justice Reform.

IAALS and the NCSC have finalized a three-year project with the release of their new report highlighting the experiences of four states—Idaho, Maine, Missouri, and Texas—as they worked to implement change in their courts. The recommendations can provide critical support to courts facing unprecedented need for change during the COVID-19 pandemic.