Vested Interest - June 2005 Issue

The President’s Thoughts

This year we will realize our true potential to be a powerful force in shaping public opinion and preserving the rights of the people of Illinois to have a full right to trial by jury.

As the Legislature reached the final weeks of this spring's session, we learned that a decision had been made by the Democratic House and Senate leadership that passage of a medical malpractice bill which included caps on damages would protect several downstate Democratic legislators in the 2006 election cycle, enhancing the likelihood that the Democrats would retain their legislative majorities.

The feelings of anger and betrayal are to be expected. But as any trial lawyer would do if there was a setback during a trial, the Executive Committee has already begun what must be a rational and objective process of assessing this paradigm shift in some of our political relationships. One thing we must not do is to succumb to a "throw out the baby with the bath water" mentality. We will formulate ITLA's plan for the short and long-term and will communicate that plan to the board and the membership at-large. Your ideas and suggestions are important, and you are encouraged to send them to me.

The Legislature, misled by insurers and self-serving special interest groups, has passed SB 475, yet another law which takes away the right to seek full justice in the courts. This time, the rights affected are "only" those of people injured by medical malpractice. Be clear though that this is only one chapter in a long-term struggle involving the rights of all.

Standing up to the pressure which caused others to fold, 46 Democratic representatives and 22 Democratic senators voted "no." You should thank each and every one of them. The roll calls are on our website. The legislative Black Caucus and legislative Hispanic Caucus held a press conference voicing their strong opposition to the bill.

And there are other positives. One was the lobbying effort by our members, including many who do not handle malpractice cases, taking time away from your busy practices and traveling to Springfield, some of you on multiple occasions. Each of you are acknowledged on page 5 of this issue. If I missed anyone, I apologize and will acknowledge you next month. The members of the Cook County Bar Association, who partnered with us in opposing this legislation, also deserve recognition. They are also listed on page 5. And the clients of some of our members who traveled to Springfield should be acknowledged as well. One of those was Molly Akers, who while still under medical treatment, traveled to Springfield to appear at a press conference with Margaret Blackshere, the President of the Illinois AFL-CIO, fortuitously had a meeting with a large group of legislators, and lent her name and picture to ads we ran in Springfield.

We were joined in opposing SB 475 by the AFL-CIO, SEIU, the Illinois NAACP, the Illinois Alliance for Retired Americans, the Center for Justice & Democracy, and Citizen Action/Illinois. I even had the honor of having Margaret Blackshere by my side testifying in opposition to SB 475 at the last House hearing in May.

Kevin Conway and I both testified at a number of legislative hearings, as did past Presidents Larry Rogers, Sr., and Robert A. Clifford. I specially thank Lorna Propes, who volunteered often to lobby with her fantastic Power Point show, and Gera-Lind Kolarik, the videographer who set up a booth in the Capitol during the last week of May, running continuous Day-In-The-Life videos showing those injured by medical malpractice. Finally, I thank all the hard-working ITLA staff in Springfield for everything they did throughout the last several months.

The passage of SB 475 in the legislature should serve as a reminder to all of us that if we don’t stand up and speak up in every available forum, the precious constitutional rights of the people of this State will be lost and the courtrooms we sometimes take for granted will only be memories.

SB 475 has not yet been signed by the Governor, and, as we fought to prevent passage of SB 475, we should all urge the Governor to veto the bill. Call and write him, and write the print media.

We can and must take back the court of public opinion, and we can and must protect the courts from effectively being closed by illegitimate and unfounded attacks. I promise to lead you in this fight. I am confident that we will succeed if we put the same effort into this fight that we do in representing our clients in the courtrooms. This fight will probably last a long time, and I eventually will pass the baton to Judy Cates, your first female President, to lead it.

Each and every one of you ought to be involved in this fight. I look forward to standing by your side.

Keith A. Hebeisen, President
Illinois Trial Lawyers Association