Vested Interest - February 1998 Issue

The President’s Thoughts

The tradition of ending each old year in festive fashion necessarily contributes to the new one unfolding in a mundane manner. We northerners are further disenfranchised by an unhealthy dose of grey skies over ubiquitous snow and ice. Unless you’re and avid skier or skater, motivation is normally at its lowest. However, with the legislature back in session, political primaries on the horizon, and tort deformers busier than ever, we can ill-afford any degree of hibernation.

Although the Supreme Court may have temporarily detoured the tort deformers, be assured they are back at the drawing board eagerly mutating their approach. For starters, the Civil Justice League has spawned a new goal for the entity entitled JUSTPAC. This is a transparent effort to make good on their promise to contaminate our states judiciary. Its purpose is to contact all judicial candidates and compile data on whether they may have any affiliations or professional experiences which may prove contrary to their interests. Undoubtedly the objective is the creation of an aberrant judiciary which will follow their lead and not the law. It once again demonstrates their continued contempt for any impediment to their success whether it be the Constitution or even the time honored notion of impartial justice. I suppose it’s second nature for those who believe the ends justify the means.

This slash and burn mentality could ultimately prove to be the tort deformers undoing. As their methodologies increasingly demonstrate their clear lack of respect for fundamental rights, it must necessarily expose their indifference to the people. History has taught us that when reformers exceed the legitimate boundaries of their cause, they are ultimately rebuked and their reform efforts rescinded.

Unfortunately, we cannot count on such self-immolation. We must attend to business. First and foremost we must maintain a majority in the legislature. Additionally, we must be more legislatively pro-active and mindful of developing alliances.

To that end we will be supporting legislation which would make HMO’s responsible for the failure to authorize necessary medical treatment. We are hopeful that we will be joined in our support of this bill by interests which have not heretofore been akin to ours. I believe this to be an issue of considerable public interest and one of great concern to the medical community. We will keep you advised. We will also support legislation to address the Burrell decision which allowed liens to exceed 1/3 of a settlement. We will again advocate legislation which seeks to abolish government immunity in cases of willful and wanton conduct.

Of course, we can expect piece-meal legislation excised from former HB 20. However, this time each proposition will be scrutinized and debated before a bi-partisan legislature with the opportunity to input public opinion. In other words, this time it will have to be done properly. That does not bode well for most of their patently partisan provisions.

With all that is coming we should not forget how far we have come. Our accomplishments are due in great measure to our commitment and unity. Those virtues are the essence of our success and should be regularly reinforced. It is for that reason we have scheduled the 1st annual membership appreciation party on February 18th. I strongly encourage every member to attend. It’s an opportunity for this organization to express how much it appreciates the membership’s immeasurable contributions and our opportunity to show our dedication to ITLA. I’ve said before, together we are a formidable force. Let’s get together on the 18th.

Just a reminder that the Las Vegas trial seminar is on March 6 and March 7, 1998. Our speaker is Russ M. Herman, past president of ATLA and a truly dynamic lecturer. I’ve known Russ for many years and can assure you that his program will be enjoyable. Besides, it’s in Las Vegas. Need I say more?

1998 promises to bring much political and legislative intrigue. To this we are no stranger. However, I believe we are stronger than ever and well positioned to fight future iniquity. As long as we maintain our high standard of commitment to this organization, we will hold the line against those who would denigrate our fundamental rights.

By the way, Happy Valentines Day. Let’s not forget to send a valentine to those special people. And, maybe we should include a few tort deformers. After all they’re the ones who could really use a heart!

Laird M. Ozmon, President
Illinois Trial Lawyers Association