Expert Opinion

On the whole, 2020 was a quiet time for state judicial elections, at least in comparison to recent years. Fewer sitting judges were directly targeted for removal, and most of the efforts to oust judges failed at the ballot box. But even quiet years have standout moments, and the recent election cycle brought several noteworthy developments.

Throughout the COVID-19 pandemic, we have learned to operate almost wholly online—something that many thought was impossible. However, while this move has brought with it a number of positive effects, it has also exposed a digital divide that must be addressed in order for there to be equity in our justice system.

It’s time that the delivery of legal services reflected the reality of innovation and progress we see in every other field—medical, financial, engineering, and everything in between—giving everyone greater access to legal services.

In a groundbreaking report, IAALS, in partnership with Professor Deborah Merritt at The Ohio State University Moritz College of Law, has defined the minimum competence that new lawyers need to be qualified to practice law—and provides recommendations for how legal licensing processes like the bar exam must change to be more fair to bar applicants and to better protect the public.

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 around the country are focused on staying open to ensure access to justice is available; however, with so many doing so much, we need to ensure cross-pollination of these varied ideas by sharing knowledge and combining our collective intellectual capacity across the various silos within our system.

Many states, including California, are exploring regulatory reform as a means through which to drive innovation in the legal services sector and increase access to justice. The public is rarely involved in these discussions, however, and the critical consumer perspective is missing.

The legal profession is fraught with systemic barriers to entry that form ripple effects on the road to becoming a lawyer. The pathway is much like narrow pipeline—entry is limited and every segment is springing leaks, disproportionately affecting people of color along the way—creating a profession that is among the least diverse in the country.

Dedicated judges, attorneys, and court administrators have the power to establish justice in our modern time. By gathering the input of those who use the court system, who rely on it to decide some of the most important issues in our lives—like divorce and child custody—we help ensure that the courts function in a way that serves all of us.

Judges must be held accountable for conduct that violates their codes of conduct and governing laws. A recent Reuters report on judicial misconduct, while not quite comprehensive, is an important reminder that we need to know more about this topic that is arguably central to public trust and confidence and—more importantly—justice and the rule of law.