In a recent op-ed, Illinois Senate Republican Leader Dan McConchie cites a survey commissioned by the U.S. Chamber of Commerce to perpetuate unfounded claims against Illinois’ civil justice system (“New Illinois law perpetuates frivolous courts,” Aug. 25, 2021). He further claims the creation of a new judicial district is not based on the reality of demographic change but some sinister motive to help plaintiff’s lawyers.
A review of readily available statistics for the Illinois civil justice system completely refutes McConchie’s assertions and shows the opinions of the surveyed corporate counsel to be unsupported by the evidence. Perhaps the actual reason no empirical data is cited by either the survey or the senator is much like a famous quote attributed to Illinois’ own Carl Sandburg: “If the law and the facts are against you, pound the table and yell like hell.”
The truth is that the number of Illinois civil lawsuits has dropped by 42% since 2010. Cook County filings declined 50% 2010-19. In downstate Madison County, a frequent target of critics, since 2013 there’s been a 51% reduction in civil lawsuits, while asbestos claims alone are down 22%. Additionally, the “lawsuit pandemic” due to COVID-19, predicted by so many, including McConchie, has proven to be overblown, false rhetoric from the anti-justice lobby.
The reason St. Clair County deserves its own judicial circuit has everything to do with demographic changes and nothing to do with asbestos cases or any other personal injury litigation. St. Clair has experienced population growth at a far greater rate than other counties in their judicial circuit. When this occurs, judicial circuits need to be re-drawn to accommodate those changes. Without action, the smaller-populated counties in the circuit lose influence and importance to the far more highly populated counties. For example, two counites represented by McConchie, Lake and McHenry, were split into their own judicial circuits in 2006. This move was necessitated by population growth which made it impractical, inefficient and inequitable to have both counties within the 19th Judicial Circuit. The move was not met with histrionics or false claims of ill motive, but was viewed as necessary and prudent.
It is also impossible to reconcile McConchie’s contention that Illinois is anti-business with regular stories in Crain’s touting corporate relocations to the Chicago area, in conjunction with booming residential construction downtown. For the eighth consecutive year, Site Selection magazine ranked Chicago as “Top Metro” for corporate investment in the United States. Both Madison and St. Clair counties, areas decried by McConchie, have enjoyed multi-decade population and economic growth.
Illinois proves that a state can support businesses and protect its residents when they have been the victims of corporate negligence or malfeasance. McConchie has never advocated for limitations on the access of corporate or business interests to the courts. He should afford individual citizens the same.
J. MATTHEW DUDLEY
President, Illinois Trial Lawyers Association