Vested Interest - June 1998 Issue

The President’s Thoughts

As I am about to be sworn in as the 45th President of the Illinois Trial Lawyers Association, I think about those who have preceded me in this office, my legal career and our Association’s past and future. It is interesting to note that two years out of law school after clerking for Justice Thomas Kluczynski of the Illinois Supreme Court, I was introduced to and began to work for one of the outstanding trial attorneys at that time, James A. Dooley. I later found out that he some 20 years earlier had been the first President of the Illinois Trial Lawyers Association.

James Dooley later became a Justice of the Illinois Supreme Court replacing Justice Kluczynski. From these intelligent, compassionate individuals, I learned, at the beginning of my career, a lot about, and respect for, the judiciary, the practice of law generally and what a trial attorney can contribute to society. I think all of us have received and should be thankful for positive influences that come our way during our professional career.

Unfortunately, Justice Dooley passed away a couple of years later, cutting short his tenure on the bench. But he dramatically changed the "Plaintiff’s practice", both as an attorney and a justice through landmark decisions. Likewise, over the years, ITLA has been responsible for some very progressive legislation and, directly or through its members, for some very positive court decisions affecting consumer rights, victims rights, and job safety.

Over the last year as President-Elect, I have had the opportunity to view first hand the efforts of our soon-to-be Immediate Past President, Laird Ozmon. He has demonstrated the energy, commitment and follow-through that the office requires. In reviewing his accomplishments and what took place during his watch, I think we can say as has been sung many times, "It was a very good year."

During the last year, the landmark Best v. Taylor Machine Works, et al., was decided, finding House Bill 20 unconstitutional in toto, and abrogating its terrible effect on victims generally, and women, children and the poor in particular. In Kunkel v. Walton, the Supreme Court also found that the mandatory medical authorizations violated constitutional rights, including the right to privacy. Finally, the Supreme Court in Atkins v. Deere & Company, et al., determined that the repeal of the Structural Work Act was not retroactive and breathed new life into hundreds of Structural Work Act cases pre-dating the repeal.

Also, during the year, we got our website - www.ILTLA.com - up and running. We will be expanding it in the coming year so that information on legislation, court decisions and other matters affecting our practices can be immediately available. The membership in the Association remains strong with over 100 new members as a result of the Membership Committee efforts. The seminars throughout the year were very well received and attended.

Legislatively, through ITLA’s efforts and the efforts of a number of other groups, House Bill 1151 providing an exception to the governmental tort immunity for wilful and wanton conduct passed the House and Senate with very impressive numbers in both chambers. It now awaits the decision of the Governor. HMO reform, while not passed, was addressed and the issues refined.

Politically, we had a successful primary with many strong candidates emerging. But that is onlythe first part of the battle. To be able to affirmatively pass legislation in the area of construction safety, medical liens, prejudgment interest and other important areas, the majority in the House and Senate, and the Governor, must be victim and consumer oriented.

The Governor elected in November will play an important part in re-districting. And, of course, re-districting will have a major influence on the composition of the House and Senate for the next decade. A very necessary part of being President is to encourage support, financial and otherwise, for the right candidates. I thank you in advance for your help in this area. In recent years, I think all of us have begun to realize that the fight is an ongoing one - one we all have to face each year, and unfortunately, one which for some groups and individuals has become too personalized.

As I am about to take office, I am enthusiastic and look forward to the many challenges that lie ahead. I am truly honored to serve as your President.

Martin J. Healy, Jr., President
Illinois Trial Lawyers Association