Iaals Publications

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.

Senators Ron Johnson (R) and Tammy Baldwin (D) have agreed to a restructuring of the commission that has been used in Wisconsin since 1979 to advise senators in recommending potential candidates for federal judge and prosecutor vacancies in the state. They have agreed to share the appointment authority equally, with each appointing three to a six-member commission.

IAALS has just released a research report entitled Family Law in Focus: A Retrospective Study of Colorado's Early Experiments with Proactive Case Processing. This report presents the results from an analysis of data from five pilot programs in four different Colorado courts that implemented proactive case management in family law cases. The data show that by providing active case management, assistance, and education to litigants, the likelihood of speedier case resolution is increased, which is the intent of CRCP 16.2.

IAALS’ new publication, A Roadmap for Review: Guide for Appraisal and Improvement of Caseflow Management in Civil Cases in U.S. District Courts, provides the tools for any interested federal judge to make a quick, initial assessment of the status of his or her civil case docket to measure how it compares to his or her colleagues as well as to courts across the nation. If further analysis and appraisal are deemed appropriate or desirable, this Guide provides the user with the tools to do so and recommendations for better practices.

In its Winter 2013 edition, The Arkansas Lawyer makes the case for a more efficient option for trial by jury in civil cases, and does so by introducing and reprinting an excerpt from A Return to Trials: Implementing Effective Short, Summary, and Expedited Civil Action Programs. The article highlights the diminishing civil jury trial and its impacts on Arkansas and the rest of country, and calls for action to protect this fundamental right.

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.

Recognizing that there is widespread concern that the civil justice system is too complex, costs too much, and takes too long, a new report provides recommendations for designing short, summary, and expedited (“SSE”) programs and calls for implementation of such programs on a national scale. The report, A Return to Trials: Implementing Effective Short, Summary, and Expedited Civil Action Programs, is co-authored by IAALS, ABOTA, and the NCSC.

IAALS, the Institute for the Advancement of the American Legal System at the University of Denver, announces the release of Another Voice: Financial Experts on Reducing Client Costs in Civil Litigation, a new report prepared in collaboration with the American Institute of Certified Public Accountants (AICPA) that evaluates the cost and delays of litigation from a new perspective: that of financial expert witnesses.