The judiciary in Cook County is as hardworking and fair a group as any around the country. Contrary to the Tribune’s editorial “Justice up, justice down” and the American Tort Reform Foundation study it cites, Cook County’s judiciary is anything but a “hellhole.” In fact, ATRF’s conclusion about the Cook County judiciary came as a shock to many defense lawyers who represent individual and corporate defendants. I have practiced law for more than 25 years and always found the judiciary in Cook County to be fair. Attorneys are trained to build cases around sound evidence. From that perspective, ATRF’s conclusion commits a mortal sin–presenting a closing without a solid basis in fact. ATRF’s opinion of Cook County’s judiciary is unsupported by any compelling evidence and is simply an unjust public tar and feathering. Criticism of how Illinois elects its judges is fair; ATRF’s conclusion about Cook County’s judiciary was not. Unwarranted public attacks of this nature accomplish nothing of substance and threaten the independence of the judiciary. We may not always like a judge’s decision and may disagree with the rationale applied, but we must respect and protect every judge’s right to make those decisions. Our system of justice is based upon an independent judiciary that will crumble if either side–the plaintiff’s bar or corporate America–gains too much influence.
More troubling is ATRF’s failure to address the real problem in Illinois. What defendants seek are fair procedures and a level playing field. The admission of “junk science” in the courtroom, permitting only plaintiffs’ lawyers to speak to certain categories of witnesses and requiring deep-pocketed defendants who are minimally at fault to pay an entire verdict rather than the percentage determined by a jury are a few of the problems that plague our system and prompt groups like ATRF to criticize trial judges charged with applying those rules.
