Columns are not written in perpetuity

After four years of writing this column, along with my colleagues Ken Garten and Bob Buckley, I have decided the time is right for me to set the pen down and step away for a while. Ken and Bob have graciously agreed to pick up the slack and I look forward, with you, to reading their articles in the coming editions.

As I head for the exit I do want to impress upon you the importance of the upcoming state elections, the results of which may significantly impact your rights to redress private wrongs in our civil justice system. 

There is a clear and present threat to our civil justice system as we know it today poised by political conservatives who are hell bent on passing legislation that allows them, fueled by their special interest dollars (usually big business, the Chamber of Commerce, and insurance just to name a few) to press their thumbs on the scales of justice in their favor and at your expense. 

At the top of Republican gubernatorial candidate Ken Hulshof’s campaign platform is a promise of further tort reform and changes to the current judicial selection process (or do away with it all together) in favor injecting partisan politics into judicial appointments. 

There are a few more subtle attacks within the platform. One is to suspend meaningful judicial pay raises in the hopes of forcing our jurists to leave the bench allowing the majority party and/or the sitting governor to fill the vacancies. The other is to limit the amount of money a person can recover for his serious injuries or the death of a family member, and limit a client’s right to contract with his attorney for representation on a contingent fee basis effectively denying those without substantial resources access to our courts and justice.

If you have read my articles in the past, I’ve made no secret of my passion to protect the civil justice system from partisan political bullying and to guard against the appointment of judges with lawyers who are the most politically connected. I am equally passionate about preserving our 7th Amendment right to trial by jury in civil cases free from arbitrary shackles which limit a jury’s duty to award full relief to a citizen seeking compensation for being personally wronged.  

Most everyone agrees maintenance of the integrity and impartiality of our courts is paramount to the effective administration of justice and respect for the law. It is a judge’s job to make difficult and sometimes unpopular decisions, free from political pressure borne by a partisan political appointment. A judge must be able to “call it as he or she sees it” and not feel the burden of satisfying some popular or prevailing political belief. Both Governor Blunt and candidate Hulshof are not in synch with this concept at all.

Further, you may remember how the Republican majority touted the 2005 tort reform legislation as the savior of healthcare for Missouri citizens by shielding doctors from lawsuits and high malpractice premiums. Well, the reality is now there are fewer medical malpractice lawsuits because the damage caps imposed upon juries by tort reform make it economically impossible for many otherwise meritorious suits to be filed. The result is many deserving patients who are victims of malpractice have no meaningful remedy just as the proponents of tort reform planned.

Yet, reliable statistics confirm the frequency and serious nature of medical misadventures are virtually the same or on the rise as compared to pre-tort reform. Further, malpractice premiums have not declined and in most cases have continued to increase just as our medical insurance and associated costs have done.

So, do you really think you will be better off with more and broader tort reform which in theory could limit your right to complete damages when you are seriously injured by a drunk driver or a trucking company whose driver falls asleep at the wheel because he is over his mandatory driving hours? Ask injured folks in states like Kansas if they think $250,000 is adequate for their pain, suffering and loss of enjoyment of life as they ponder their next move in a wheel chair. 

Chief Justice William Rehnquist reflected on the importance of the civil jury trial:

“The founders of our nation considered the right of trial by jury in civil cases an important bulwark against tyranny and corruption, a safeguard too precious to be left to the whim of the sovereign. Juries represent the layman’s common sense and thus keep the administration of law in accord with the wishes and feelings of the community.”

The relentless and unprecedented attacks by the Republican platform upon the judiciary and civil juries flies directly in the face of what is right and just for you and your families. Remember this when you go to the polls in November.

In closing, I offer my sincere thanks to Dale Brendel and the Examiner for allowing me the privilege of writing this column the last 4 years. I am truly honored to have had this opportunity and hope you have gained some insight into the workings of the law in your daily lives.