Iaals Publications

IAALS, in conjunction with the ACTL, has released a new report that highlights key civil case management techniques for judges that have the potential to streamline litigation in their courtrooms. Working Smarter, Not Harder: How Excellent Judges Manage Cases documents the recommendations and key practices of nearly 30 state and federal trial court judges, who were identified as being outstanding and efficient case managers.

Appellate judges in 38 states stand for election. But how much do we know about them? Are they fair? Do they write opinions that parties can understand? Are they doing a good job? With only a fraction of states providing such information about appellate judges, very few voters have what they need to make an informed and responsible decision at the ballot box. We at IAALS are working to change that with our newest publication.

This short update on the Colorado Civil Access Pilot Project evaluation provides information on the specifics and timing of the evaluation that IAALS is conducting in Colorado. We hope this information will provide some reassurance to the Colorado legal community on what to expect in the coming year, while also providing some insight into other evaluation processes that are going on around the country.

Many jurisdictions around the country have implemented alternative processes that are designed to provide litigants with speedy and less expensive access to civil trials. These programs generally involve a simplified pretrial process and a shortened trial on an expedited basis. This new resource offers a summary chart of the various programs nationwide and specific details for each.

Over the past few years, IAALS has been tracking the Colorado Civil Access Pilot Project, along with numerous other rules projects across the country. These efforts are aimed at providing greater access to civil justice and at better achieving the goals of a just, speedy, and inexpensive civil justice system. This new publication explores various factors for the successful creation and implementation of new rules and processes, laying the groundwork for future developments.

As many have recognized, electronic discovery has arrived in the state courts. While there are abundant resources available on the topic of e-discovery, for many judges the question is, “Where to begin?” To answer that question, IAALS now offers this new toolkit for state court judges, which pulls together some of the best resources available. Whether you are an expert or a novice with e-discovery issues, this collection of resources will be useful in your cases.

Part of what we do at IAALS is to convene people who have different viewpoints around a particular topic—in hopes that areas of consensus will emerge from the dialogue. We convened one such group last spring, comprised of ideologically and experientially diverse participants, on the subject of judicial selection and the attributes we want in our judges. Focused on a simple question, "What are the most important characteristics or qualities of a judge," there was remarkable unanimity around the room.

Richard Gabriel recently penned an article for CNN following the conclusion of the George Zimmerman trial, in which he referenced several reports that examine potential biases in the justice system. Among them was IAALS’ Leveling the Playing Field: Gender, Ethnicity, and Judicial Performance Evaluation, which explores whether there is evidence that implicit biases enter into evaluations of judges’ performances.

Our recommendations for reviewing written opinions as part of a performance evaluation program for appellate judges are featured in Trends in State Courts 2013, an annual publication of the National Center for State Courts. Drawing upon insights gained from a national conference, an expert task force, and focus groups with appellate judges and attorneys, this recommended model addresses the evaluation teams who conduct the review, the selection of opinions to be reviewed, and the criteria and process for review.

Numbers matter. As we take on some of the biggest challenges facing the civil justice system, our work depends on the number of stakeholders we bring to the table, our ability to facilitate implementation of our recommended models in numerous instances, and, of course, our careful measurement of the outcomes produced. Our 2012 Annual Report commemorates our commitment to Strength in Numbers.