Shumaker & Associates

General Litigation

Problem-Solving Courts
Problem-solving courts were developed to handle recurring cases, especially in the areas of domestic violence, drug-related offenses, and crimes involving mentally ill or mentally disabled individuals. Problem-solving courts use a therapeutic justice model, emphasizing treatment of the underlying problem. They seek tangible results for victims, for offenders and for the general public. They coordinate with public agencies and community organizations to offer treatment as an alternative to incarceration. More...
Impeachment and Recall of State Judges
All states have some procedure for removing state judges who are found to have engaged in serious misconduct. Such procedures are set out in the state's constitution or laws. This article discusses the removal of state judges by impeachment and by recall elections. More...
Guardians ad Litem
Guardian ad litem is a Latin term meaning "guardian at law." A guardian ad litem is a person appointed by the court to speak on behalf of a child and to protect the rights of the child during court proceedings. In some states, a guardian ad litem has to be a licensed attorney. In other states, a guardian ad litem does not have to be an attorney but must have special training and/or certification to be eligible to perform the functions of a guardian ad litem. More...
Settlement Conferences in State Appellate Courts
The increased volume of appeals in cases has led to significant delays in finalizing an appeal. This has prompted state appellate courts to re-evaluate their case management procedures and adopt methods that promote speedier resolution of appellate cases. This article focuses on the use of settlement conferences prior to oral argument to reduce the backlog of cases and accelerate the appeal process. The stated goals of settlement conference programs are to encourage the settlement of appeals, simplify the issues, expedite appeals, and reduce costs. More...
Discretionary Review of a State Court Decision
Generally, a litigant can file an appeal of a state trial court's final decision as a matter of right. The appeal is filed with the intermediate appellate court of the state. There is a distinction between mandatory review by the court of appeals and discretionary review by the state's highest court. A litigant is not entitled to a second appeal as of right to the supreme court. More...

Areas of Practice

  • General Civil and Trial Practice in all State and Federal Courts

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