By Travis Akin
The judiciary is an often overlooked and seldom understood branch of government. It is a branch of government, though, that has significant influence over our daily lives. Judges make decisions every day that affect our health care, community safety, and our economy.
Sadly most people ignore the judicial branch of government. Judicial races often do not enjoy the same level of interest as other races, but certainly the outcomes of these races have as much if not more impact on our daily lives.
Nothing brings this point home better than the recent decision by the Illinois Supreme Court to strike down the state’s medical malpractice reform law.
In a 4-2 decision in the Abigaile Lebron v. Gottlieb Memorial Hospital case, the Illinois Supreme Court struck down the state’s medical malpractice reform law, ruling that the caps provisions in the law violated the separation of powers clause in the Illinois Constitution. One of the justices voting to strike down the law was Justice Thomas Kilbride, who represents this area and a wide swath of central Illinois on the court.
The comprehensive medical malpractice reform law was approved by a supermajority of the Illinois General Assembly in 2005. It included medical, insurance and legal reforms. By all accounts the law was working and had stopped the exodus of doctors who could no longer afford to practice in Illinois due to a flood of frivolous lawsuits and skyrocketing insurance rates.
By stepping in to overturn this common sense reform law, Justice Kilbride has potentially reopened the floodgates, causing Illinoisans to worry if their doctors will be there when they need them. Milliman Inc., a Seattle-based consulting and actuarial firm, is projecting medical malpractice insurers will see an 18 percent jump in costs. The firm also suggests there will be an increase in the number of medical malpractice lawsuits filed and an increase in the cost of these lawsuits.
Justice Kilbride’s ruling has sparked considerable controversy, including even within the Supreme Court. In his dissent to this ruling, Justice Lloyd Karmeier strongly criticized Justice Kilbride, writing: “Our job is to do justice under the law, not to make the law. Formulating statutory solutions to social problems is the prerogative of the legislature.”
A potential healthcare crisis is looming because Justice Kilbride and three of his fellow justices gave a huge gift to the personal injury lawyers. Thanks to their judicial activism, we could soon see another mass exodus of doctors from Illinois.
This outrageous decision to overturn the will of the people and a supermajority of their electedrepresentatives proves that judicial elections do matter. Judges wield extraordinary and largely unchallenged power. A judge has the power to on the one hand provide protection for those who have been harmed and on the other hand dispose of frivolous lawsuits that clog our courts.
Good judges strive to wield this power wisely, which is why we as citizens need to pay attention to the individuals we elect to serve on the bench. The foundation of a properly functioning system of justice begins with the outcome of these judicial elections.
This week, I am traveling across the state with a billboard truck in a grassroots effort to inform Illinois residents about the importance of judicial elections. In addition, Illinois is being featured on the Project Lawsuit Abuse website. Check out http://www.projectlawsuitabuse.com/ to find out more information.
Judicial elections are often decided by 100 votes or less, and thus, every vote really does count in these important elections. Judicial races usually appear at the very end of the ballot – a ballot that will likely be very long this year. But as Justice Kilbride’s ruling to overturn the bipartisan reform law showed, too much is at stake this year to skip these important retention questions.
Travis Akin is Executive Director of Illinois Lawsuit Abuse Watch.
