Former Colorado Supreme Court Justice Rebecca Love Kourlis Speaks About American Legal System to Graduate Students

Rebecca Love Kourlis, who served on the Colorado Supreme Court from 1995 through 2006, spoke about the American legal system to a gathering of graduate students earlier this week.

Justice Kourlis told the students -- many of whom were foreign students now studying at DU -- about her own background, including her early years practicing law in Denver and in western Colorado and of her tenure from 1987 through 1994 as a Colorado State District Court judge. Then she shifted to explaining her current role as executive director for the DU-based Institute for the Advancement of the American Legal System, a national, non-partisan organization dedicated to improving the process and culture of the civil justice system.

For many students Justice Kourlis' remarks provided a new context in which to examine the American legal system. In this regard, she spoke about the work of the Institute as it relates to addressing the challenges for the legal system. In particular, she pointed to three primary reasons the Institute was established:

• As currently organized, the civil justice system is too focused on the needs of judges and not enough on the needs of "the users," that is to say those who appear before judges. "We are not running the justice system as well as we might from the standpoint of the users," she said.
• Confidence in the American legal system is "going the wrong way," she said. "People worry that they cannot afford to get in the system. We felt that was not acceptable; people need confidence they will be treated fairly and their experience in the system is affordable and predictable."
• How judges are selected, trained, and evaluated needs close attention if the integrity of the system is to be maintained she said.

Following those introductory remarks, Justice Kourlis took questions from the diverse group of graduate students (students from eight different countries attended the presentation). Among the questions the students asked related to the practice of attorney advertising in the U.S., the use of contingency fees, and how the jury system works from a judge's perspective. With respect to the last question, Justice Kourlis reflected on her years as a trial court judge when she presided over many jury trials. In particular, Justice Kourlis emphasized that "the jury system is a really important part of our democracy," noting that the jury system allows individual citizens to become more familiar with how the legal system works. Justice Kourlis also spoke of her support for cameras in courtrooms unless the case involves a juvenile.

The one hour meeting was marked by a great deal of curiosity on the students' part as well as Justice Kourlis' interest in how legal systems work in the foreign students' countries. Several students with whom I spoke afterwards voiced their appreciation that Justice Kourlis had made time to speak with them and had done so in a clear and understandable manner. They seemed particularly struck by the fact that an individual of Justice Kourlis' stature was interested in their countries' legal systems.

Justice Kourlis was accompanied by Pam Gagel, the Institute's assistant director and a 1985 graduate of the DU College of Law and an accomplished lawyer in her own right.

From my perspective, it was great to see the program's students listening to and learning from one of America's leading experts in the field of improving the justice system, no small task to be sure but a timely and key one to the foundation of America's legal system.

Institute for the Advancement of the American Legal System: Improving the American Civil Justice System

One of the very tangible benefits of attending the University of Denver Sturm College of Law is the opportunity it provides to benefit and learn from the many varied centers of excellence on campus. One of these centers is The Institute for the Advancement of the American Legal System (IAALS).

A national, non-partisan organization dedicated to improving the process and culture of the civil justice system, the IAALS provides principled leadership, conducts comprehensive and objective research and develops innovative and practical solutions—all focused on serving the individuals and organizations who rely on the system to clarify rights and resolve disputes.

In the words of the IAALS, "The civil justice system in the United States often does not meet the legitimate needs of the American people. The system has become captive to expense, delay and gamesmanship, resulting in growing public dissatisfaction and distrust. Our system must refocus on the needs of those it serves."

The IAALS is directed by former Colorado Supreme Court Justice Rebecca Love Kourlis, who authored more than 200 opinions and dissents during her tenure. Justice Kourlis also spearheaded significant reforms in the court system relating to juries, family law and attorney regulation.

Several days ago I met with Justice Kourlis and asked her to address our incoming class of graduate students (as well as those who began their studies in January). She graciously agreed to meet with us and share her observations about the work of the IAALS as well as comment about her service on Colorado's highest court. The date for our meeting with Justice Kourlis has not been set, but it is likely to be sometime in the September-November timeframe.

Our meeting with Justice Kourlis will expand students' understanding of the American legal system, how it works, and the challenges and opportunities that confront it. The meeting will provide an excellent chance for students to learn from a former jurist who is at the forefront of considering what America's 21st century judicial system will look like.

Before we meet with Justice Kourlis later this year, however, here is a peak at the kinds of specific projects the institute undertakes:

IAALS is currently involved in its most ambitious project to date, the 21st Century Rules Initiative, which seeks to modernize the Federal Rules of Civil Procedure to meet the needs of today’s court users. As part of this initiative, IAALS partnered with the American College of Trial Lawyers (ACTL) Task Force on Discovery to quantify the issues of cost and delay that plague our civil justice system. The two groups conducted a survey of 3,800 members or “Fellows” of the College, which revealed significant cracks in the foundation of our system of justice.

Based on the survey findings, the ACTL Task Force on Discovery and IAALS released the Final Report, which includes a set of 29 proposed Principles focused on four cores areas: pleadings, discovery, experts and judicial management. The two organizations are now drafting a set of Model Rules that will implement the Principles outlined in the Report and that may one day underpin reform of civil rules in both state and federal systems. IAALS will then work with interested jurisdictions to pilot the Rules and measure their effects. Copies of the final report may be downloaded by clicking here.

The work that Justice Kourlis, assistant director Pamela A. Gagel, and their staff undertake is exceptional in tackling key issues related to enhancing the American legal system.  It will indeed be a pleasure to introduce Justice Kourlis to our students.