Letter: Judicial bill important reform
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For the first time in nearly a decade, the state Legislature has enacted reform to improve our judicial system. Senate Bill 308, authored by Sen. Jack Donahue, R-Covington, currently awaits Gov. Bobby Jindal’s signature.
This bill would establish a uniform system for eliminating “junk science” and nonexpert witnesses from the courtroom. It would end confusion, delays and appeals because of unqualified witnesses and unreliable evidence that can lead to unfair verdicts and a distrust of our legal system.
This legislation is similar to laws passed recently in Georgia, Mississippi and Michigan, and is already being called a model for possible legislation in West Virginia.
Any thought that Louisiana’s judicial system needs no improvement has been disproved without a doubt over the past few months. In multiple surveys and studies, our civil justice climate has ranked nearly dead last.
We were ranked 49th in judicial fairness in a U.S. Chamber of Commerce survey of major employers. We were ranked 48th for legal climate by the American Legislative Exchange Council. In addition, 94 percent of Louisiana businesses say that the threat of a lawsuit is a factor in the business decisions their company makes.
Louisiana has focused on other reforms such as ethics and work-force development, but we must not forget to reform our judicial system as well.
Changes such as SB308 make us more competitive with our neighbors, such as Texas and Mississippi, who have enacted strong reforms over the past few years.
Improvements to our justice system can bring jobs and better incomes to Louisianians as our state attracts new businesses and encourages expansion of those already here. Reform will help us stem the tide of outmigration and keep our future here.
SB308 is a small step in a long journey to improve our civil justice system, but often it is the first step that is hardest to take. Kudos to Sen. Jack Donahue and all those who worked so hard to pass this legislation.
The citizens of Louisiana look forward to more reform in the near future.
Fred Shumate, executive director
Louisiana Lawsuit Abuse Watch
Baton Rouge
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"We were ranked 49th in judicial fairness in a U.S. Chamber of Commerce survey of major employers." Of course, chambers of commerce ideally want to bear no liability whatsoever. "94 percent of Louisiana businesses say that the threat of a lawsuit is a factor in the business decisions their company makes." That seems reasonable to me, that a business might be deterred from certain behaviors/activities due to the potential damage it could cause. There are already judicial mechanisms to deal with frivolous suits and plaintiffs lawyers generally are not going to file unwinnable suits. I would be amazed if any business has ever left the state simply because of fear of frivolous lawsuits--I highly doubt it has ever happened. While no one wants to see frivolous suits sap the resources of a defendant, people must realize that this is an overblown issue solely intended to protect businesses from any tort liability whatsoever. Be careful before you give away your right to compensation for injury.
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