What Ever Happened to Debate, Compromise?

State legislators entered the chambers in Springfield in March with a mission: to put trial lawyers out of business. In this blind pursuit, they have run many injured consumers out of the courtroom. Republicans, who now control both chambers of the General Assembly and the governor's office, were elected amid speeches of cooperation. The willingness to compromise soon vanished.

Many legislators in Springfield were hoodwinked into passing drastic "tort deform" measures, as the new law is a "wish list" of manufacturing, insurance and medical special-interest groups.

It actually began in December 1993 with the creation of the Illinois Civil Justice League-a consortium led and controlled by powerful special-interest groups, most notably the Illinois Manufacturing Association and the Illinois Medical Society, bonded by two common goals: to avoid responsibility and to increase their members' bottom lines.

They decided the simplest way to do this was to elect friends of these special-interest groups-legislators who would vote for any legislation advanced by those special interests, regardless of the issue, regardless of fairness, regardless of consequences.

For months, the organization met in Chicago and Springfield with leaders of the Illinois State Medical Society, the Illinois Manufacturers Association, the Illinois Chamber of Commerce and other groups. Together, they poured money into the coffers of Republican candidates, perhaps hoping their generosity would not go unnoticed.

For example, the Illinois State Medical Society's political action committee alone funneled $1.9 million into legislative campaigns. It has been reported that Illinois House Speaker Lee Daniels received $65,000 from the doctors alone.

When 13 Democratic seats in the Illinois House were lost to the Republicans in the November election, the Civil Justice League lost no time in inviting corporate representatives to add to the wish list.

Daniels promised "fast-track" treatment for the legislation. Yet, he ignored the fact that such massive changes should see meaningful and deliberate committee hearings with input from consumer groups, labor and others so dramatically affected. He ignored the fact that the bill deserved scrutiny from the press. He ignored the fact that even defense lawyers' organizations- who secretly despise the bill for its unfairness and problems created for the legal system and society as a whole-were never contacted for their input.

House Bill 20 was originally introduced as a "shell bill" - all but a sentence long. Later, at 11 p.m. Feb. 14, a 67-page "Amendment to HB 20" was introduced. The next morning, the amendment was given to representatives of consumer groups and trial lawyers for their input minutes before the House Executive Committee.

That hearing lasted just a few hours. No amendments were accepted. On the evening of Feb. 16, on the House floor, a "debate" of several hours ensued, but the deal was done. By that morning, proponents obtained the key votes of five Republicans sympathetic to consumers.

The final vote: 63-52. No Democrat voted in favor of the bill. No Republican voted against it. Most comments from elected officials indicated either an ignorance of the effect of the new law or a total misrepresentation of its provisions.

Even now, many of them privately say they think the new law is unconstitutional and hope that the Illinois Supreme Court agrees, saving them the repercussions when their constituents discover what they have really done.

At the time the House passed the bill, the Senate was in recess. When the Senate returned March 1, a hearing took place in the Senate Judiciary Committee on HB 20.

In committee, 24 amendments were proposed by The Chicago Bar Association and Illinois State Bar Association through various prominent Democratic and Republican senators. Included were amendments to ensure that the legislation would do what it promised: improve the economy, reduce insurance costs and reduce the costs of health care, among other claimed goals. All amendments were rejected in committee, and the bill moved to the Senate floor.

Two days later, after another quick floor debate, the Senate voted, mostly along party lines, to pass the bill.

On March 9, Gov. Jim Edgar signed the bill in the face of consumer groups' protests charging bought votes.

A taxpayers' lawsuit filed that same day challenged the constitutionality of the law and was dismissed May 17 for lack of standing by a Cook County Circuit Court judge.