More “Tort Deform” will Ruin Virginia’s Courts and Deny Justice for All
December 30, 2012
Virginia has some of the fastest courts in the United States. Our judges are smart, fair and listen well. The Commonwealth is usually listed in the top position of Forbes annual ranking of states that are “friendly” to corporations, have pro-employer laws, and inexpensive to do business. However, two weeks ago, the Virginia Chamber of Commerce announced that it had assembled a coalition of businesses to fight to change the way that justice is administered in Virginia’s Courts. If you want to read their agenda for yourself, click here.
According to Mason District Delegate Scott Survell, nearly 50% of the Virginia overall Legislative Agenda this session is “tort reform.” It’s not enough that Virginia already has a medical malpractice cap, punitive damage cap, prefiling expert certifications in certain negligence actions, that the word “immunity” appears over 318 times in the Code of Virginia, and we have
been consistently rated among the top states to do business in partly because of our justice system – they want more.
Once again, we are going go see bills on summary judgment, restricting nonsuits, venue, changing Virginia’s laws regarding premises liability, and requiring lawsuits to be filed within 90 days of filing. All of these are special interest solutions in search of problems. Bills have already been filed to give prosecutors a veto of sentencing decisions in juvenile cases, to limit judicial discretion in the sentencing, to impose more mandatory minimum sentences, and to chisel the kind of “Stand Your Ground” laws that have turned fistfights into gun fights into the Code of Virginia. Exactly the kinds of things that the rest of the country and the world have been repealing.
Budget cuts have decimated our judiciary. Northern Virginia’s judges are actively talking about merging dockets and ending the practice of trying cases within one year because we simply don’t have the judges. As an attorney who helps train new Virginia judges, I have seen in other states how, “justice delayed is justice denied.” Lawyers who actually go to court and try cases for individuals know that these measures will not make our system better. None of these measures have anything to do with improving our economy and attracting more jobs to Virginia. To support my friend and Virginia State Delegate Scott Surovell, click here