Vested Interest - October 1998 Issue

The President’s Thoughts

As President, I believe one of my most important responsibilities is to endeavor to preserve a legal framework within which injured victims are given an opportunity to obtain fair compensation. Accordingly, with the fall election approaching, my focus should necessarily be on the General Assembly and Gubernatorial races. This will be my last opportunity before the election to discuss the importance of this election with the entire membership.

While many members are aware of the 1994-97 “tort reform” activity and some were intimately involved with it, reviewing what occurred during those years can be helpful. In the 1994 election, consumer-oriented legislators were no longer the majority in the Illinois House of Representatives and one of the consequences was a change in the Speakership. As the session began, the first bill passed in the House was a repeal of the Structural Work Act, which had been law in this State since 1907. The safety benefits of the Act to the construction worker were obvious. Since the repeal, the number of construction-related deaths in Illinois has increased by 29%. Later in the session, an Amendment to House Bill 20 was introduced which substantially emasculated tort law in Illinois; it overturned numerous well-reasoned decisions of the appeals courts in Illinois. Without any amendment or serious debate, the bill passed both Houses and was signed by the Governor.

For more than two years this legislation was challenged on constitutional grounds, at both the trial and appellate levels. In December, 1997, the Supreme Court in Best v. Taylor Machine Works declared the entire Act unconstitutional based on the invalidity of certain provisions, and the non-severability from the act of other provisions. It is important to remember that in Best the Court specifically stated that many provisions were invalid “solely on the grounds of severability”. Therefore, the Court stated as to these provisions, “the General Assembly is free to reenact whatever provisions it deems desirable or appropriate”. If anti-victim, anti-consumer legislators regain control of the General Assembly, based on the discussions and criticisms in the Best opinion, they have a roadmap on how to more effectively approach changes in tort law.

The fall election is also critical for another reason. The Governor elected in 1998 will have veto power over reapportionment and so can have a significant influence on the make-up of the General Assembly for the next decade. Both candidates for Governor have made clear in public statements their positions on consumer and victims rights. Congressman Glenn Poshard has a clear record of voting for these rights. In Secretary Ryan’s Economic Development Plan, “tort reform” is addressed: “As Governor, he will propose legislation similar to the sweeping overhaul of the system that was approved in 1995, but struck down by the State Supreme Court. ”In the House and Senate races there are a number of critical races in suburban Cook and Lake County as well as in Central and Southern Illinois. I believe that every member of the Illinois Trial Lawyers Association has a responsibility to do everything possible to elect consumer and victim-oriented members of the General Assembly. Those who do not accept the responsibility create a larger burden for the remaining members. With the reality of campaigns today, financial support is obviously critical, but our responsibility does not end there!

What else can be done beyond financial support?

• Know the identity of your Representative and Senator. Know where the targeted races are taking place.*
• From your mailing lists determine whether you have family, friends or clients in targeted districts.*
• Communicate personally with them, through letters and calls, urging support of the candidates by their voting and displaying of signs.

Personal communication is critical in these types of races where television and radio advertising is limited or non-existent. Our Legislative Committee has assigned a member to monitor each targeted district. Remember, House Districts were won and Senate Districts lost in 1996 by hundreds of votes. Our actions are needed now; after November it may be too late. What we do now may determine the leadership of the General Assembly and may ensure that a just legal framework, so vital to the interests of our clients, will remain in place.

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

* For further information and assistance, kindly call our office in Springfield.