General Litigation Newsletters

Expedited State Appellate Procedures

Most state appellate courts experience gridlock in processing appeals. The courts are having difficulty keeping pace with the increasing volume of appealed cases. As a result, there are significant delays in finalizing an appeal. In some cases, it can take more than two years between entry of the final judgment in the trial court and a final decision in the appellate court. The courts have been pursuing efficiency promoting methods. This article discusses procedures that are being adopted by state appellate courts to reduce the backlog of cases and speed up the appeal process.

Extrajudicial Speech and Judicial Ethics

There are standards of conduct for judges that assure judicial ethics. The goal of the standards is to assure judges' impartiality and avoid improprieties. There are codes of judicial conduct for both state and federal judges. In general, the code of judicial conduct requires a judge to uphold the integrity and independence of the judiciary, avoid the impropriety or the appearance of impropriety in any activities, and perform his/her duties impartially and diligently. Judges are also required to conduct extrajudicial activities in a way that reduces the risk of conflict with judicial duties.

Guidance for a Defendant in Small Claims Court

Small claims courts resolve disputes involving smaller dollar amounts than regular trial courts. For example, small claims courts in Wisconsin decide contract disputes, property damage actions, personal injury suits, evictions, the return of earnest money, and repossessions of property when the amount claimed is $5000 or less.

Judges' Membership in Discriminatory Organizations

Every state has a code of judicial conduct that sets ethical guidelines for judges. All states have judicial conduct commissions with the power to investigate, prosecute, and decide cases of judicial misconduct. There is also a code of conduct for federal judges. The code of judicial conduct requires a judge to avoid not only impropriety but also the appearance of impropriety. The code of judicial conduct also covers judicial integrity, independence, diligence and impartiality. Membership in discriminatory organizations is currently a controversial topic.

Unbundled Legal Services

In October 2000, a national conference was held on unbundled legal services. A website, www.unbundledlaw.org, was created by the Maryland Legal Assistance Network as a result of the conference. Unbundled legal services, also called limited scope legal assistance, provide a new model for legal representation for low and moderate income individuals. A client (usually a pro se or self-representing client) hires an attorney to perform a specific task or tasks for the client. The client represents himself/herself in all other aspects of the case.