Vested Interest - October 2005 Issue

The President’s Thoughts

The day the Governor signed PA 94-677 into law, the Chamber of Commerce and Civil Justice League announced that they considered it to be a "small first step," leaving no doubt that they will stop at nothing to take down the entire civil justice system. Their targets are each and every one of us, and our present and future clients. PA 94-677 will eventually be the subject of a constitutional challenge, as were similar laws in 1975 and 1995.

PA 94-677 was a battle lost, but it was a political battle. We have not "lost the PR war," as that war is far from over. We must be united and organized in fighting back. Our individual and collective calling is to be much more active and to play offense more than we have in the past. We must change the public conversation about the civil justice system and the right to trial by jury by having our viewpoint loudly and consistently heard. New strategies are necessary and are being developed.

We can never expect to compete dollar for dollar with the likes of the Chamber, but we can intelligently invest our collective intellectual and financial resources. We can win this war.

If we don’t vigorously defend and protect the civil justice system, it will be dismantled. We trust that you will continue to support ITLA in its commitment to protect the civil justice system and those who need it the most.

Even though we had all hoped that the Governor would veto SB 475, the day after its signing the Division of Insurance immediately took action under its new insurance regulation powers to announce a public hearing, with the law putting the burden on ISMIE to justify its rates. The first such public hearing in 30 years started on September 27. The Director was the only questioner, and he was well-prepared. The transcript will be available on the ITLA website. The hearing will resume on November 9.

Many of you have asked questions or made suggestions about legislation that "we" can pass. I believe that there are many possibilities and there is work in progress to develop a strong but realistic legislative package for ITLA to present in the spring session.

Although we miss long-time ITLA employee Tracey Tate, who left to spend more time with her family, please warmly welcome new employees Donna Martinez and Kim Fontana.

Finally, many of you know Martin Harnett (or his mother Donna) from their participation in Springfield lobbying against caps on damages. For those of you who do not know him, Martin is a young boy who was seriously and permanently brain-damaged due to negligence in his labor and delivery. He has recently had a serious medical setback. Please have Martin and his family in your thoughts and prayers. It is people like Martin who make us remember what is important in life and how our representation of people like Martin should be applauded rather than condemned.

Keith A. Hebeisen, President
Illinois Trial Lawyers Association