Vested Interest - January 1998 Issue

The President’s Thoughts

December’s landmark decision should cause us to concur with Francis P. Church, editor of the The New York Sun in 1887, who said, "Yes, Virginia, there is a Santa Claus." And true to form, Santa checked his list and then checked it twice, but then he let the Supreme Court tell us who was naughty or nice.

The Supreme Court’s Best decision, pun intended, was a monumental victory for consumers and victims and a well deserved lump of coal for those who sought to profit at their expense. Nice - 1, Naughty - 0, as it should be!

We commend the Supreme Court for their vehement defense of our State’s constitution. Their 98 page decision signifies the in depth analysis given to the issues presented. The majority masterfully sets forth the constitutional restraints upon over-reaching legislation. Well Done!

Kudos are also in order for the members of this organization and especially those on the constitutional challenge committee. What seemed to be an insurmountable goal has come to complete fruition. Together we accomplished a tremendous task and proved that might does not always make right!

Despite the fact that the Court’s decision was bi-partisan, one of the longest in its history, premised upon sound alternative bases, and clearly mandated by our Constitution, opponents immediately declared it a travesty. And, just for good measure they attacked lawyers, victims, judges, the political process and even our Constitution. They definitely need some cheese with that whine!

Possibly this posturing pack of predators should ponder whether their polar position against so many persons and principles portends permanent problems with their patently partisan propositions. Sorry for the excessive alliteration — I’m just a little P.O.ed.

We are all too aware that the Tort Deformers care little for the legal and moral restraints on their objectives. Their philosophy has become abundantly clear. With the assistance of big business, they intend to buy a political majority who hasn’t the slightest interest in representing their constituents. And, if their efforts are thwarted by judicial interpretations, then they will seek to buy the judiciary. It is a nefarious assault confidently premised upon the notion that money and misinformation can define justice and defy the public good. This is pure oligarchy and has no place in a democracy.

Regrettably society has progressed to a point where few have the time to discern the truth. Further, what most impacts the public’s perception of truth is a media which propagandizes the rhetoric of big business. This combination fosters an electorate fraught with apathy and ignorance. It is in such an environment that malevolent special interests prosper. It is a serious problem which is further compounded by simultaneous anti-consumer campaigns at both the State and federal levels. This tactical maneuver seeks to create a political version of divide and conquer or Custer at Little Big Horn.

In an effort to put us in front of the issues, the U.S. Chamber of Commerce, backed by big business, has specifically declared war on the trial lawyers. In the words of Chamber spokesman, Thomas Donohue, they intend "going toe-to-toe." The Chamber’s plan, endorsed by Newt Gingrich, will include an expansive ad campaign designed to pollute the jury pool and get the public behind state and federal no-fault plans, loser pays, and a host of other tort "reforms." This campaign will even focus on challenging our contributions to state judicial races. It’s the old adage: "when you’re weak on the law, attack the lawyer!"

Our struggle to combat evil is by nature perpetual. However, the very fact that we are on the side of justice gives us a distinct advantage. Whereas our adversaries personify deception, avarice and inequality — we need only sponsor the truth. As long as there are individuals and organizations willing to fight for the truth, it will ultimately prevail and remain the guardian of our fundamental rights, including the civil justice system.

Of course, if a Dickens-like spectral figure would pay a visit to the proponents of Tort Reform and show them wheelchairs which may bear their names — it couldn’t hurt.

Laird M. Ozmon, President
Illinois Trial Lawyers Association