Lawyers in paradise: Mississippi has a reputation as a haven for trial lawyers pursuing mega-lawsuits. Businessmen, doctors and insurers are seeking reform, particularly caps on damages

0 Comments | Insight on the News, August 12, 2002 | by Tim Lemke

Still, Kirby tries to place a positive spin on the Legislature's efforts to reform the system. "On really complicated, complex legislation it takes three years," he says. "So I think a lot of progress was made for the first year."

Many reform advocates claim the Legislature's inaction is itself the result of too many trial lawyers serving in key positions. The chairmen of both judiciary committees in the House, Democratic Reps. Edward Blackmon Jr. and Percy W. Watson, are trial lawyers, as is the Senate judiciary-committee chairman, Democrat Bennie L. Turner. Legislative etiquette in Mississippi gives great power to the committee chairmen. Discussion of any bill usually requires their consent, regardless of committee-members' opinions.

"You can bypass the chairman, but no one ever does it," Kirby says. "When you start bypassing one chairman, what's to stop you from bypassing every chairman, and then why do you even need a committee? That just throws away the committee process."

The Legislature has begun special meetings on the issue. A 13-member committee has met three times, but passing legislation is unlikely. And to make matters worse, reform advocates point out, 2003 is an election year. "It's going to be very difficult," Kirby admits. "But I think it will be a main campaign issue and because of that, we may see some form of tort reform passed."

Campaign contributions could play a large role. Last year, Watson received $19,500 of his $28,750 in contributions from trial lawyers. Insurance companies and businesses weren't nearly as active. Kirby, head of the Senate's insurance committee, received just $500 from one insurance company last year.

But even if reform is passed in the next legislative session, it won't be in time to ensure available medical care for the people of Amite and Wilkinson counties, an ominous fact not lost on Rich Field, a surgeon at Field Memorial. "Somebody's got to die from this deal before they wake up. I hate to put it that way, but it's the truth."

TIM LEMKE WRITES FOR Insight's SISTER DAILY, THE WASHINGTON TIMES.