Bolch Judicial Institute

The Bolch Judicial Institute’s mission is to study and advance rule-of-law principles, judicial independence, and law reform through technology and innovation.

We provide unique educational opportunities for sitting judges in the U.S. and abroad.

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North Carolina's Western District Issues AI Standing Order - Law360 Pulse 07/01/2024

“Bottom line, you don't need a special AI rule,” said Director Paul W. Grimm in this Law360 article on the Western District of North Carolina’s new standing order regarding .

North Carolina's Western District Issues AI Standing Order - Law360 Pulse Attorneys in the U.S. District Court for the Western District of North Carolina will now have a tougher time experimenting with generative artificial intelligence, after the court's judges issued a standing order requiring lawyers to file a certification alongside every brief stating that AI was not...

Judges rebel against the Supreme Court 06/27/2024

In an article for Newsweek, Director Paul W. Grimm urges judges to do their part to help bolster the public’s faith in the judiciary. As public servants, he says, judges of all courts must “recognize that they live in a glass house and that everything they do is subject to personal scrutiny.”

Read the full article: https://loom.ly/mDBvH5s

Judges rebel against the Supreme Court Bucking their traditional reserve, judges from across the spectrum are publicly disagreeing with the Supreme Court justices and decisions.

Photos from Greensboro History Museum's post 06/17/2024
‘Lawyers Are Always Responsible’: 5th Circuit Discards AI Disclosure Rule After Pushback | Law.com 06/13/2024

Director Paul W. Grimm comments on the U.S. Court of Appeals for the Fifth Circuit's decision to discard an AI disclosure rule.

“Existing rules of practice and procedure and lawyer ethical rules already require that lawyers certify that the facts and law cited are ‘real’ and support the arguments made,” he said. “These rules provide ample sanctions if violated, so a special AI rule is not needed.”

Read Avalon Zoppo's special report via Law.com: https://loom.ly/WfxOZxY

‘Lawyers Are Always Responsible’: 5th Circuit Discards AI Disclosure Rule After Pushback | Law.com A number of district court judges across the country have issued orders setting out disclosure requirements after a pair of New York lawyers were sanctioned last year for using fake, ChatGPT-generated case citations.

Taking Center Stage: The Virginia Revival Model Courtroom 06/11/2024

A centralized jury seated under the judge’s bench routinely characterized traditional Virginia courtrooms in the 18th century. Thomas Jefferson was among the champions of this arrangement (called the Virginia Revival Model), which Judge Robert J. Conrad Jr. and Justine Parry Welch wrote about in Judicature.

“For Jefferson, architecture was yet another form of Enlightenment rhetoric. […] Jefferson portrayed through architecture ‘humanity’s right of self-governance.’ What better way to solidify this pillar of American democracy than to incorporate architecturally and visually the jury’s shared authority with the magistrate judges? Virginians embraced this concept, and, one after another, county commissioners implemented Jefferson’s model when building new courthouses,” they wrote.

When the Charles R. Jonas Federal Courthouse in Charlotte, North Carolina was undergoing renovations from 2019-2021, the architects and designers had the opportunity to reimagine a Virginia Revival Model Courtroom in the 21st century.

Read more: https://loom.ly/AwdbCyQ

(Article from 2021)





Taking Center Stage: The Virginia Revival Model Courtroom Courthouses serve as monuments to our legal tradition, so a willingness to reconsider design assumptions is essential to the continuing vitality of jury trials.

06/05/2024

— The video of the 2024 ceremony honoring the late U.S. Supreme Court Justice Sandra Day O’Connor is on YouTube. The ceremony featured remarks from United States Chief Justice John G. Roberts, Jr. (29:58) and Justice O’Connor’s son, Scott O’Connor (18:15).

“Sandra Day O’Connor expanded the public image of what it meant to look like a judge,” Chief Justice Roberts said during his presentation. “She sounded the alarm about the growing lack of appreciation of what it means to be a citizen. She launched iCivics to do something about that.”

📺 WATCH: https://loom.ly/SQa3Plc

In Conversation About the U.S. Holocaust Memorial Museum’s New Mass Atrocity Prevention Training | Judicature 05/31/2024

Those who visit the permanent exhibit at the United States Holocaust Memorial Museum in Washington, D.C., will undoubtedly be moved by the depictions of genocide and mass violence that occurred during the Holocaust from 1933 to 1945. But, in addition to preserving the memory of the historical events of the Holocaust, the Museum is dedicated to preventing future mass atrocities.

As part of this effort, the Museum continues to develop educational resources that examine how the Holocaust became possible and conducts research on how to prevent genocide and other mass atrocities before they occur. The Museum recently launched “Lessons in Leadership: Criminal Justice Approaches for Preventing Mass Atrocities,” a free online course created with the Department of State’s Bureau of International Narcotics and Law Enforcement Affairs.

For the latest edition of , Tatiana Varanko, a class of 2024 Duke Law School graduate and fellow for the Bolch Judicial Institute of Duke Law, interviewed Ann O’Rourke, Manager for the Museum’s Initiative on the Holocaust and Professional Leadership, about the course and how it can be used to deliver trainings around the world.

Read the full interview in the May 2024 online-only edition of Judicature International: https://loom.ly/S7wqaIU

In Conversation About the U.S. Holocaust Memorial Museum’s New Mass Atrocity Prevention Training | Judicature The new online course “Lessons in Leadership: Criminal Justice Approaches for Preventing Mass Atrocities” emphasizes accountbility and ethical decision-making.

The Moral Order of Perry Mason's Universe 05/29/2024

Among the top 10 most-read Judicature articles last week was Jacqui Shine’s 2021 essay “The Moral Order of Perry Mason’s Universe.”

Since its 1957 premiere on CBS, Perry Mason has inspired many generations of courtroom procedural dramas and, Shine writes, “is in the DNA of nearly every legal show produced since its debut.”

But perhaps the show’s most enduring influence is in establishing the trope of the defense attorney as the arbiter of moral justice. Shine writes:

“On countless crime dramas, defense attorneys are contemptible unless they serve the wrongly accused; take on the noble but impossible role of the public defender; or take no satisfaction in their success. The attorney who ‘gets a client off on a technicality’ is lucky or devious: Procedure only obstructs justice. The attorneys of the late-’90s/early 2000s drama The Practice, for instance, are tortured by ambivalence, their sense of justice proportional to the likeability of their client.

In TV land, defense attorneys who aren’t in it to protect the innocent can’t succeed, even when they win.”

Read the full essay for free online at judicature.duke.edu: https://judicature.duke.edu/articles/the-moral-order-of-perry-masons-universe/





The Moral Order of Perry Mason's Universe Perry Mason is in the DNA of nearly every legal show produced since its debut. The enduring popularity of the show's tropes, however, masks a more complicated legacy.

Conversations of a Lifetime: The Power Sentencing Colloquys 05/21/2024

The post-sentencing conversation between the judge and the defendant is a critical moment for the court to explain, encourage, and inspire, writes U.S. District Judge Robin L. Rosenberg of the Southern District of Florida.

“The exchange between a judge and defendant is central to the court’s role as adjudicator and as one human being sitting in judgment of another,” she writes. “While other aspects of the criminal justice system may at times seem mechanical, sentencing hearings are, at their core, deeply personal interactions. They present an opportunity to inject humanity into the process.”

Read the full article from Judicature Vol. 103 No. 2 (2019): https://loom.ly/LR8N13w

Conversations of a Lifetime: The Power Sentencing Colloquys The post-sentencing conversation between judge and defendant is a critical moment for the court to explain, encourage, and inspire.

How a U.S. Government Shutdown Impacts Courts & Access to Justice | Bolch Judicial Institute of Duke Law 05/16/2024

U.S. Congress must pass a budget by October 1 every year, otherwise the federal government faces a possible shutdown. This can seriously impact federal courts, as they can only operate for approximately two weeks following a shutdown.

Victoria Rea (Duke Law School LLM ’24) writes about this phenomenon for the Bolch Judicial Institute’s “Civil Dialogue” blog, where she offers a unique international perspective on government shutdowns.

“As a lawyer from New Zealand studying law in the United States, I believe the economic, political, and social ramifications from a government shutdown should be weighed against Congress’ unfettered power to approve appropriations,” she writes.

“Should the trend of shutdowns continue, perhaps the U.S. could consider implementing an override option similar to that of other jurisdictions — where the executive or the judiciary could implement temporary measures to sustain the operation of government.”

https://loom.ly/ln80m1Y

How a U.S. Government Shutdown Impacts Courts & Access to Justice | Bolch Judicial Institute of Duke Law Polarization in the U.S. Congress and heated debate over legislation that funds government operations has increasingly led to threats of a “government shutdown.” While this was narrowly avoided near the end of 2023 with a continuation measure, the threat persists. The situation is exacerbated by...

Invaluable Knowledge: How Trial Judge Experience Shapes Intermediate Appellate Review | Judicature 05/08/2024

In his latest article for Judicature, Douglas M. Fasciale, associate justice of the New Jersey Supreme Court, opens with the following hypothetical:

Imagine that you (a former civil trial judge) and your colleague (a former tax court judge) are on an appellate panel assigned to adjudicate two appeals. One is an appeal from an order entered by a tax court judge dismissing a complaint. The other is an appeal from a judgment entered following a jury trial in a car accident case. All other things being equal, can you envision deferring to your colleague or being particularly solicitous of her views given her prior experience as a tax court judge? Wouldn’t you want the same consideration in the car accident appeal?

Through a personal case study based on his 35 years of experience, Justice Fasciale unpacks this hypothetical. He outlines 8 specific benefits of prior trial court experience to the appellate judge, and recommends 5 ways that appellate judges can maintain a trial court perspective that is “current and useful.”

More broadly, Justice Fasciale concludes, “The institutional prior judicial experience of each intermediate appellate judge diversifies and strengthens the appellate court and its administration of justice.”

Read the full article in Judicature Vol. 107 No. 3 (2024): https://loom.ly/j8dwtuc





Invaluable Knowledge: How Trial Judge Experience Shapes Intermediate Appellate Review | Judicature Imagine that you (a former civil trial judge) and your colleague (a former tax court judge) are on an appellate panel assigned to adjudicate two appeals. One is an appeal from an order entered by a tax court judge dismissing a complaint.1 The other is an appeal from a judgment entered following a ju...

Five Questions on the International Court of Justice for Judge-Elect Sarah Cleveland 04/29/2024

In February, Columbia Law School Professor Sarah H. Cleveland became the 6th woman — and the 2nd U.S. woman — to serve on the International Court of Justice (ICJ). In this interview, she answers five important questions about the ICJ.

🔗 https://loom.ly/R5TAsv8

Five Questions on the International Court of Justice for Judge-Elect Sarah Cleveland The Columbia Law professor will become one of 15 members of the United Nations’ main judicial body, which adjudicates cases between nations on disputes that increasingly involve human rights issues.

A View from the Bench - Episode 5 - Evidentiary Rules with (Ret.) Judge Paul Grimm 04/26/2024

On episode 5 of “A View from the Bench” podcast, our director Paul W. Grimm, a former federal judge, joins the podcast's hosts George Hazel and Gregg Costa, themselves former federal judges, to discuss evidentiary rules.

“I would try to teach the ‘Batman belt’ approach to the rules of evidence,” Grimm says on the podcast. “You know, Batman has that belt with all those pouches, and whenever [something] happens he reaches into a pouch and pulls something out. I would teach people that each chapter of the rules of evidence is like a pouch.”

Listen ➡️ https://loom.ly/GNt58iY

A View from the Bench - Episode 5 - Evidentiary Rules with (Ret.) Judge Paul Grimm Washington, D.C. partner George Hazel and Houston partner Gregg Costa, both former judges, are joined by the Hon. Paul Grimm, a former trial lawyer and judge in the U.S. District Court in Maryland who left the bench in 2022.

04/25/2024

From the April 2024 e-edition of Judicature International:

In the cover article for the new print edition of Judicature Vol. 107 No. 3 (2024), philosopher and rule-of-law scholar Gerald J. Postema cuts through the buzzword phrase “the rule of law” to illuminate its true meaning. In an easy-to-read style, he offers a nuanced definition of the “normatively demanding and institutionally realized ideal.”

“The organizing aim of the rule of law is to temper power, to constitute, channel, and discipline the exercise of power,” Postema writes. “Law is its chosen means of doing so. The rule-of-law ideal is not satisfied by the mere existence of laws or their vigorous ex*****on in a political community.”

In addition to offering a complete definition, Postema discusses the ever-present threats to the rule of law. His essay is especially important when democracy is under threat, where the concept can be subverted by political actors as a means to extend — rather than temper — their power.

We invite you to subscribe here to receive this and future editions of Judicature International by email: https://loom.ly/q4rhsm0

In Conversation with Chief Justice Stephen Gageler 04/18/2024

Justice Stephen Gageler likens his role as Chief Justice of the Australia High Court to caring for an ancient porcelain sculpture. His true ambition, he says, is “metaphorically to pass [it] intact onto my successor in office.”

(from Judicature International, March 2024)

https://loom.ly/iNhjSVE

In Conversation with Chief Justice Stephen Gageler Chief Justice Gageler speaks about his role and potential solutions to a few of the complex — and often global — problems facing the Australian judiciary.

Chief Justice Extols Legacy of Sandra Day O’Connor (Gift Article) 04/05/2024

The New York Times: “For her work in civics education, [Justice Sandra Day O’Connor] was recognized on Thursday with the Bolch Prize for the Rule of Law, an award that has often been given to honor judges, including former Justice Anthony M. Kennedy, for lifetime achievements. The award was accepted by her son Scott O’Connor.”

Chief Justice Extols Legacy of Sandra Day O’Connor (Gift Article) In remarks at an award ceremony, Chief Justice John G. Roberts Jr. described his colleague as a trailblazing and civic-minded presence on the Supreme Court.

Photos from Duke Law School's post 04/05/2024
04/05/2024

Please join us for this event (virtual and in-person) on April 23, 2024, at 12:15pm PT! More info and registration details are below.

Join us in-person or virtually for “Reshaping American Life: Today’s Supreme Court in Historical Context and Its Potential Impact on our Future” presented by the ABA Litigation Section, Berkeley Judicial Institute, and Bolch Judicial Institute, on Tuesday, April 23 at UC Berkeley School of Law. Register today: ambar.org/cajs

03/04/2024

As a reminder, the application for the Judicial Studies LLM graduating class of 2027 (entering in 2025) is now open!

The application is available at this link: https://duke.is/r/52sx
---------------
Duke Law School's Master of Judicial Studies Program brings a small class of state, federal, and international judges to Duke University for four weeks over two summers to study judicial decision-making and advanced and emerging topics in the law, and to develop their own scholarship.

Courses are highly interactive and taught by scholars from the Duke Law faculty as well as from institutions around the country. The program provides full tuition scholarships to all accepted students.

Learn more about the program here: https://loom.ly/rt64R_Q

What Do Judges Need to Know About Generation Z? 03/01/2024

Judge Kimberly Carlton Bonner, a former Florida trial court judge, writes that judges may need to be watchful for the “Googling Juror” when it comes to .

“For a generation raised on information, Gen Z may see the relinquishment of their phones and an instruction to rely only on what they see and hear in court as tantamount to a strong-arm robbery,” she writes.

“We know there are significant gaps in jurors’ willingness and/or abilities to follow instructions. For a juror of the digital age, this becomes even more concerning, since it seems cognitive changes to their brains cause digital-age jurors to rely on the internet as a sort of ‘memory partner.’”

Read the full article “What Do Judges Need to Know About Generation Z?” in Judicature Vol. 106 No. 3 (2023): https://loom.ly/FHxbV64




What Do Judges Need to Know About Generation Z? In court, as in life, judges will be better able to communicate with Gen Z by understanding their motivations and differences from older generations.

How Technology is Changing Justice in China 02/20/2024

In many courthouses in , machines offer predictions of the chances of success in civil suits and warn about the dangers of — not just the financial cost, but also the relational, emotional costs.

(from Judicatature International, June 2022)

How Technology is Changing Justice in China In the following Q&A, scholars discuss a recent study indicating that technology in Chinese courts in courtrooms will reshape the face of justice.

02/15/2024

The application for the Judicial Studies LLM graduating class of 2027 (entering in 2025) is now open!

The application is available at this link: https://duke.is/r/52sx
---------------
Duke Law School's Master of Judicial Studies Program brings a small class of state, federal, and international judges to Duke University for four weeks over two summers to study judicial decision-making and advanced and emerging topics in the law, and to develop their own scholarship.

Courses are highly interactive and taught by scholars from the Duke Law faculty as well as from institutions around the country. The program provides full tuition scholarships to all accepted students.

Learn more about the program here: https://loom.ly/rt64R_Q

02/15/2024

🏆 — Retired Justice Robert Benham of the Supreme Court of Georgia received Georgia Tech’s Ivan Allen Jr. Prize for Social Courage on Feb. 8.

A lifelong resident of Georgia, Benham was appointed to the Supreme Court of Georgia by Gov. Joe Frank Harris in December 1989. He was the first African American appointed to the Supreme Court of Georgia in its more than 140 years. In 1990, he won statewide election to a full term on the Supreme Court. He served as chief justice from 1995 to 2001 and remained on the court until his retirement in 2020.

"Justice Benham's long career of public service was defined by a commitment to safeguarding civil liberties and an unflinching belief in serving communities and doing the right thing," said Ángel Cabrera, president of Georgia Tech. "He was a key figure in the integration of his hometown and a breaker of barriers. Achieving those ‘firsts’ meant he was shunned, ostracized, and threatened, but he still showed great social courage and leadership, even when the risks were high."

Read full press release: https://loom.ly/FC6mk_4

Girl Scouts: Creating the Next Generation of American Leaders 02/14/2024

While you enjoy your favorite cookie this , take a few minutes to learn about the Girl Scouts’ long history of developing civic-minded leaders.

Duke Law School 3L Celia Janes, herself a former Girl Scout, blogged about a few of these initiatives, including a "Justice Patch" created by U.S. Bankruptcy Judge Sandra R. Klein.

“Girl Scouts will always be known for selling delicious cookies, but in my opinion, they should be equally known for their activism and their work to prepare young women to become more involved in American democracy,” Janes writes.

https://loom.ly/f9gHfS8

Girl Scouts: Creating the Next Generation of American Leaders As part of a broader civic engagement effort, Girls Scouts teaches girls about civics and democracy through badges and patches.

Ukraine’s Supreme Court: Upholding Justice Amid War 02/13/2024

In an interview published in the Feb. 2024 edition of Judicature International, Justice Olena Kibenko, a member of Ukraine’s Supreme Court, describes the court’s proactive communication policy.

In addition to a page with more than 65,000 followers (link: Верховний Суд), the Supreme Court maintains accounts on Instagram, Twitter (X), Telegram, and a YouTube channel.

“We try to communicate very actively, because we try to explain our legal decisions in plain language for people to understand and know about our decisions and apply it in their lives,” she said.

Read the full interview here: https://loom.ly/M70WTHs

Ukraine’s Supreme Court: Upholding Justice Amid War Justice Kibenko discussed the challenges of operating a court during wartime while upholding the highest standards of judicial independence and the rule of law

02/13/2024

We are excited to help spread the word about an upcoming webinar “Judicial Diversity: Why It Matters and How to Achieve It” hosted by the American Judicature Society on February 23, 2024, at 12pm HST / 5pm EST.

The session will feature:

• Mark E. Recktenwald, Chief Justice, Supreme Court of Hawaii
• Sabrina S. Mckenna, Associate Justice, Supreme Court of Hawaii
• Mary L. Smith, President, American Bar Association
• Vincent Eng, Partner, The VENG Group
• Jill A. Otake, Judge, US District Court for the District of Hawaii (Moderator)

Learn more and register on the American Judicature Society's website: https://loom.ly/oOSY7MM

Common Themes in 2023 State of the State Judiciary Addresses 02/13/2024

SIDEBAR: Tips for Addressing Court Staff Shortages

In “Judicature” Vol. 107 No. 3 (2023), fellows of the National Center for State Courts Institute for Court Management offered these 5 recommendations for ways that courts can better recruit younger employees.

1️⃣ Offer options for remote work

2️⃣ Create educational growth opportunities through skills courses or training

3️⃣ Create a unified professional purpose and mission that employees relate to

4️⃣ Incentivize workers with opportunities for increased pay based on performance

5️⃣ Use social media, school career fairs, third-party websites, and online advertisements to share career opportunities with broader audiences

ADDITIONAL LINKS
• Read the full “Judicature” article: https://loom.ly/IpMzMVA
• Read more about NCSC's Institute for Court Management report: https://loom.ly/nGHylGM

--------------------





Common Themes in 2023 State of the State Judiciary Addresses A review of the 22 speeches delivered as of August 1, 2023, found several recurring themes across the "State of the Judiciary" addresses.

02/08/2024

The Feb. 2024 edition of Judicature International is here, featuring an interview with Justice Olena Kibenko (Олена Кібенко) of Ukraine's Supreme Court.

In the interview, Justice Kibenko discusses the challenges of operating a court during wartime and the need to uphold the highest standards of judicial independence and the rule of law. She also expresses thanks to American judges who have visited and assisted the courts in Ukraine and to the U.S. and EU countries that have continued to provide aid.

“We feel such support,” she says. “It’s very important that we understand that we are not alone in such a situation.”



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