The power of Joe
Tuesday, Dec 16, 2014 - Posted by Rich Miller
* During the last week of veto session, famed trial lawyer Joe Power (the guy who did more to bring down George Ryan than almost anyone else) showed up in Springfield to testify in favor of a bill that he said was his idea. Power’s bill would cut the number of jurors in civil trials by half and raise their pay. The legislation was said to be cost-neutral and flew out of both chambers over GOP objections.
But it’s not cost neutral…
It would triple the amount Cook County spends on jury pay, from the $3.1 million budgeted in 2015 to $9.5 million. Lake County taxpayers would have to come up with another $500,000. Will County would have to find $300,000.
* And the Tribune expects something else is at work here…
Smaller juries require smaller jury pools, so fewer citizens get those pesky summonses. Six-member juries can be seated more quickly, and their deliberations are shorter. They reach consensus more easily and deadlock less often. They’re more efficient, in other words. But there’s a trade-off.
Larger juries are more diverse, which means they’re more likely to reflect the views of the broader community. The quality of their deliberations is higher — they have better collective recall of the testimony, and the debate is more rigorous. With more voices, it’s less likely that a single juror will dominate the discussion and more likely that a dissenting juror will have an ally.
Most tellingly, larger groups have a moderating effect on the size of jury awards. […]
Given the choice, plaintiffs’ attorneys usually opt for six jurors; attorneys who defend against those lawsuits want 12.
There are times when major legislation needs to be passed in a hurry. This was not one of those times. The Democrats did this as a favor to the trial lawyers because they knew Bruce Rauner wouldn’t back the idea.
* Related…
* Madison County, Illinois named one of the nation’s five worst “judicial hellholes”
- Nikkyname - Tuesday, Dec 16, 14 @ 10:05 am:
A huge win for trial lawyers in Illinois. Bad for citizens.
- Nonplussed - Tuesday, Dec 16, 14 @ 10:10 am:
Also, six-juror cases cost less to file; Plaintiff’s lawyers are fronting the $ in contingency cases. They let the Defendant’s lawyer, usually the insurance company’s lawyer, pay for 12 jurors when they file their answer to the complaint.
Most plaintiff’s cases are not the kind Joe Power handles; they are not worth a lot of money.
- VM - Tuesday, Dec 16, 14 @ 10:14 am:
Putting aside the issue of the preference of plaintiff’s trial lawyers for smaller juries (a legitimate issue), I am not bothered by the extra cost. Jurors take a day off work and are compensated just over $17 in Cook County. It’s long past time to raise that amount. Since the extra cost is for the jurors, it’s worth it.
Again, the issue of who benefits from smaller juries is a legitimate one. It’s separate, though, from the costs.
- Mason born - Tuesday, Dec 16, 14 @ 10:23 am:
Served on a jury about 6 months ago for civil case. Raising Jury pay makes sense one of the ladies on the jury had a home business the $17 didn’t come close to making ends meet for her.
The 6 person jury thing is a travesty. Would have redone the whole verdict most likely. (of course depends on the 6)
- matt jones - Tuesday, Dec 16, 14 @ 10:25 am:
one of the concerns i raised at the time was the impact on criminal juries. you aren’t going to reduce criminal juries to 6 and the increased juror costs, which are more than half of all jury trials, is all increased. the trial attorneys denied this would impact the criminal courts at all. they were wrong then and now.
- Ahoy! - Tuesday, Dec 16, 14 @ 10:25 am:
The sad thing is I’m not even shocked, this seems pretty par for the course with the current leadership in the house and senate. Is it scuzzy? Absolutely.
Besides, haven’t they ever seen 12 angry men? If there were only 6 Henry Fonda doesn’t save the poor kids life.
- Soccermom - Tuesday, Dec 16, 14 @ 10:31 am:
Yeah — Soccerchild just got excused from jury duty because she works retail, and she wouldn’t have been able to pay her student loans if she’d had to miss a week of work and been compensated only $17 a day.
- Nonplussed - Tuesday, Dec 16, 14 @ 10:32 am:
Ahoy! I assume ur making a point, but this only applies to civil cases. Henry Fonda will still get to save the kids life..
- walker - Tuesday, Dec 16, 14 @ 10:33 am:
Not about verdicts. About monetary awards.
“Tort reform” in reverse.
- The anti-Trib - Tuesday, Dec 16, 14 @ 10:34 am:
6 person juries is nothing new. In our municipal courts throughout the state, we have had 6 person jury trials in civil cases for decades. And for many years the federal courts throughout the country has limited civil jury trials to 6 jurors without complaint.
- Wordslinger - Tuesday, Dec 16, 14 @ 10:37 am:
So the Tribbies want the system set up to lead to smaller judgements in all cases for those found to be at fault in civil cases.
So it’s a good thing to reduce the cost of negligence, recklessness and fraud? Good for whom?
Was the settlement Power got for the Willis family too big? What should it have been?
Maybe the Tribbies are jealous that Power was the one that turned over the rock on bribes for licenses. — something they should have been doing.
- Team Sleep - Tuesday, Dec 16, 14 @ 10:38 am:
I am not trying to be snarky or overly-partisan with this statement, but if anyone thinks the trial lawyers do not have significant influence in our state please check out the 5th Supreme Court district.
- The anti-Trib - Tuesday, Dec 16, 14 @ 10:40 am:
And Joe Power DID do more on george Ryan than anyone else. Even when threatening calls where being made to his work and home warning him to back off. It never would have ended uop where it did without him.
- charles in charge - Tuesday, Dec 16, 14 @ 10:44 am:
Every Democrat who voted to rule the Republicans’ request for a fiscal note on this bill to be “inapplicable” should be ashamed. Their stated reason for doing so was that “fiscal notes don’t apply to the fiscal impact on local governments.” That is a bald-faced lie: the statute on fiscal notes specifically provides that, “in the case of bills having a potential fiscal impact on units of local government, the fiscal note shall be prepared by the Department of Commerce and Economic Opportunity.” (25 ILCS 50/2) Also, Matt Jones is absolutely correct in his comment above that this bill applies to criminal juries as well; if the trial lawyers disagree, they are either being dishonest or haven’t read their own legislation.
- Gooner - Tuesday, Dec 16, 14 @ 10:47 am:
This is everything wrong with Illinois Democrats.
They’ve had the Governor’s office and control of the IL House and Senate since what — 2003?
Do we get serious reform of the criminal code? Do we get reduced penalties for non-violent drug offenses? Outside of marriage equality, is there any single issue over those 10 years where voters can say “Democrats promised this and they delivered?”
No. They had control all those years, they ignore Democratic values but we end with a gift to the plaintiffs’ bar.
Our state economy continues to lag, and they once again make Illinois less friendly to business.
It is not often that I find myself appalled by what happens in Springfield, but this is one of those times.
Verdicts will go up. Power and Corboy and Kevin Conway and Telly Nakos and all those PI guys got a wonderful gift. They are going to make a fortune off this, while business is going to see CGL rates go up.
Keep it up guys. We haven’t hit bottom yet, but you’ve still got about a month.
- walker - Tuesday, Dec 16, 14 @ 10:50 am:
Did MJM et al just create some low-hanging fruit for Rauner to pluck and include in his “package” that could include a minimum wage increase?
- out of touch - Tuesday, Dec 16, 14 @ 10:50 am:
Just looked up some of the juror pay in IL counties. $10-$17 per day is absurd. If a trial went on for weeks, that could bankrupt some folks. Some other states require employers to pay their employees for jury duty. And if 6 member civil juries works for the feds and other states, what makes IL so different? Trib is wearing its super-sparkly tinfoil hat for the holidays.
- Kasparov - Tuesday, Dec 16, 14 @ 10:51 am:
Madison County is the “Benghazi” talking point of Chamber of Commerce-types for years. One simply cannot have a rational, informed conversation with such a person.
That aside, you are commingling your accounts here:
a.) The Federal 6-person jury system is the less expensive option. (The Federal system is supported by most national business groups, who know corporations file—by far—the most lawsuits in every court system.)
b.) Raising the reimbursment rate for jurors is a distinct issue, which has equally meritorious alternative points of view.
Personally, time away from work or home to perform jury duty is enough of a challenge that it should not cost me out-of-pocket for parking, child care and transportation costs if at all possible. Will County administrators may disagree and consider jury duty my small service to the country and the 7th Amendment. Valid points on both sides.
.
- Gooner - Tuesday, Dec 16, 14 @ 10:53 am:
For those asking about Muni cases –
Yes you have six person juries in some Muni cases, but that is primarily for cases where damages are capped, (for example property damage cases for auto cases).
For PI cases filed in Muni, defendants continue to require 12. Really, the only issue is whether you go 12 and not less than 10, or whether you pick two alternates. I’ve seen both.
Remember, Muni sets the guidelines for value at the time of filing, but it does not cap the jury verdict. Most defense guys are not going to take the risk of six.
- Keyser Soze - Tuesday, Dec 16, 14 @ 11:26 am:
Smaller juries equal more victories for trial lawyers. Consider the odds of a “hold out”, 1 in 6, or 1 in 12?
- Ahoy! - Tuesday, Dec 16, 14 @ 11:26 am:
Nonplussed,
Yes it was snark, I was not really that concerned about a fictional case and fictional characters from 50 years ago.
- Stones - Tuesday, Dec 16, 14 @ 11:39 am:
A poor idea that was ramrodded through the legislature. This was never discussed with the counties and I have no idea who proclaimed this legislation “cost neutral”.
- Put the Fun in unfunded - Tuesday, Dec 16, 14 @ 12:09 pm:
I would think federal juries are drawn from a much larger pool, because each federal court covers dozens of counties?
- Yellow Dog Democrat - Tuesday, Dec 16, 14 @ 12:59 pm:
Republicans and the Tribune are for smaller government accept when they are against it.
This is nothing new.
Remember the whole separate system of medical malpractice tribunals?
- Knee Jerk - Tuesday, Dec 16, 14 @ 1:08 pm:
Kasparov @ 10:51 am is right: these organizations beat this “judicial hellhole” drum every year for the sake of fundraising, and every year the media dutifully reports it. Their national “report” is a rehashed annual pledge drive, not objectively analyzed data.
- Cook County Commoner - Tuesday, Dec 16, 14 @ 1:21 pm:
The six juror federal cases rarely see the bread and butter PI and wrongful death cases which feed the PI bar.
A six person state court jury is simpler to sway based on emotionalism than a twelve in an injury/death case. Also, the jury consultants used on the bell ringer cases can more easily manage the analysis on six jurors. The chance of wild card jurors who will listen to the jury instructions and follow them will decreases significantly in a six person jury.
So long as government is a marketplace, the highest bidder wins. The defense bar, typically representing insurance carriers, threw in the towel in Illinois insofar as the court system goes. They get their candy via rates and the Illinois Insurance Code.
Good deal for the lawyers. Good deal for the carriers. Bad deal for the insureds, but who cares.
- paddyrollingstone - Tuesday, Dec 16, 14 @ 1:23 pm:
Six member juries for civil matters seem to work out just fine in Federal court.
- VM - Tuesday, Dec 16, 14 @ 1:52 pm:
@Gooner: I think you’re missing a lot of what has been accomplished in Illinois in the last few years.
Medical Cannabis. Medicaid managed care. Expansion of Medicaid. Concealed carry. Fracking. Abolishing legislative scholarships. Same day and online voter registration. Secure Choice savings for retirement for lower wage workers. Victims’ rights constitutional amendment. Voters’ rights constitutional amendment.
Agree or disagree, there’s a bit more that happened than just same sex marriage.
- Gooner - Tuesday, Dec 16, 14 @ 1:56 pm:
Come on VM.
Medical cannabis? That’s your idea of success? From a veto-proof majority?
We are still locking up non-violent drug offenders at tremendous rates, but a few people with an extremely limited list of conditions can get a drug is a big win?
VM, you’ve unintentionally proven my point.
- VM - Tuesday, Dec 16, 14 @ 2:00 pm:
OK, put aside medical cannabis.
Medicaid managed care, expansion of Medicaid, concealed carry, abolishing legislative scholarships, same day and online voter registrations, Secure Choice savings for retirement, victims’ rights constitutional amendment, voters’ rights constitutional amendment. All in the last three years.
I should add workers’ comp reform. And this is just off the top of my head.
A complaint that the Democrats have done nothing with their majority is quite simply wrong. Maybe they did not do what you want them to do, but you can’t say they did nothing.
- Gooner - Tuesday, Dec 16, 14 @ 2:08 pm:
VM,
You keep digging.
Worker’s comp reform? It was nearly non-existent and remains the single reason that business avoids Illinois. Our rates remain far higher than in most states and it is killing us.
Conceal carry? That happened because Todd Vandermyde kept kicking everybody around. They had no choice.
The others on your list? Seriously, the Democrats have had total control (at least on paper) since 2003 and that’s what they’ve done?
When you are bragging about abolishing a completely corrupt legislative scholarship program, you know your record has serious problems. That should have been on day one — “So before we start introducing real bills, let’s get rid of that legislative scholarship program. Is that cool for everybody? OK, great. Now let’s look at the substantive agenda.”
Democrats in the House and Senate should be ashamed of having so much power and doing so little.
- Formerly Known As... - Tuesday, Dec 16, 14 @ 3:04 pm:
== There are times when major legislation needs to be passed in a hurry. This was not one of those times. ==
Very well said.
- Cheswick - Tuesday, Dec 16, 14 @ 3:12 pm:
Six person juries are not travesties. We already have them available in Illinois for small claims and law magistrate.