Cook County Judge Responds to Tribune's Attack on Justice
In response to a Chicago Tribune editorial regarding Cook County being a judicial hellhole, Judge William D. Maddux, Presiding Judge, Law Division, Circuit Court of Cook County, sent the following letter (below and attached) to the Tribune. The Tribune NEVER PRINTED the letter.
RESPONSE TO CHICAGO TRIBUNE EDITORIAL
DECEMBER 15, 2005
Responsive to your editorial of December 13, 2005, wherein the American Tort Reform Association (ATRA) criticized Cook County, Illinois, calling it a "judicial hellhole" for its "growing reputation as a plaintiff-friendly venue and a known hostility toward corporate defendants," we offer to you facts and statistics germane to those allegations. The ATRA attempts to support its charges by citing to fewer than a handful of cases where the courts denied the transfer of cases out of Cook County, Illinois based on the doctrine of forum non conveniens. This phrase means inconvenient forum. The statistics from the Clerk of the Circuit Court of Cook County show these
claims are false and baseless, but before we get to them, certain aspects of the report need to be addressed.
There are basic concepts established under the Code of Civil Procedure
(rules enacted by the Illinois Legislature) of which the reader should first be aware. A court must first have jurisdiction of a party. In other words, a party must be appropriately sued in Illinois. Thereafter, the issue arises as to where in Illinois is the most convenient forum, or county, for the lawsuit. A defendant who has been sued has the right to bring a motion to change the forum, because they believe there is a more convenient forum than the one chosen by the plaintiff.
The higher courts have directed the trial courts to administer a balancing test of specific private and public interest factors to determine an appropriate forum. The private factors are those practical considerations that make a trial easy, expeditious and inexpensive, including: the convenience of the parties, the ease of access to sources of testimonial, documentary and real evidence, and more. Public factors considered are the administrative difficulties caused when litigation is handled in congested forums, the unfairness of imposing jury duty upon residents of a county with no connection to the litigation, and the interest in having local controversies decided locally.
The ATRA report cites cases where transfers were denied and the denial was reversed by the appellate court. All of these cases were decided after the Illinois Supreme Court decided Dawdy v. Union Pacific Railroad Company. Prior to the Dawdy decision, the higher courts directed lower courts to give deference to a plaintiff's choice of forum in the balancing process. The significant change made by the court in Dawdy was in the analysis process. The Supreme Court determined that when a plaintiff files a lawsuit in a forum where the injury did not occur, the plaintiff's choice of forum is given less deference in the balancing process. In situations such as these, it is reasonable to assume that the plaintiff engaged in "forum shopping" to
suit his individual interests, rather than suing in a proper forum. This new emphatic directive by the Illinois Supreme Court was the reason the four cases were decided as they were in 2004.
The "leadership" at the circuit court level are not at liberty to decide issues based upon their whim when the higher courts have provided guidance on an issue. Furthermore, they are certainly not "embarrassed" for following the law. In deciding to transfer a case, the higher courts state a circuit court must base its considerations upon fundamental fairness, sensible and effective judicial administration.
Now, turning to the statistics, the readers can decide whether there is a trend to deny transfers out of Cook County.
YEAR # MOTIONS TO TRANSFER* GRANTED DENIED
2000 182 97 (53%) 85 (47%)
2001 429 214 (50%) 215 (50%)
2002 529 230 (44%) 299 (56%)
2003 550 272 (49%) 278 (51%)
2004 494 315 (64%) 179 (36%)
2005 thru 555 348 (63%) 207 (37%)
December 13, 2005
TOTAL 2739 1476 (54%) 1263 (46%)
It seems apparent to an objective observer no trend toward denying transfers exists- rather the reverse is true. Note- more transfers were granted in 2004 and 2005, which is consistent with the changes made in the law by the Illinois Supreme Court.
* It should also be noted that forum motions are made in only 3% of the cases. In the above, 92,120 cases were filed and only 2,739 motions to transfer were made. To put this in the simplest terms, of every 100 cases filed, 3 motions to transfer are presented, and under the current climate two of those three are granted.
Now let's take a look at the jury verdicts.
YEAR VERDICTS FOR PLAINTIFF VERDICTS FOR DEFENDANT
2000 52 (34%) 100 (66%)
2001 113 (43%) 147 (57%)
2002 129 (39%) 200 (61%)
2003 233 (45%) 282 (55%)
2004 220 (49%) 232 (51%)
2005 261 (50%) 262 (50%)
(thru December 14, 2005)
AVERAGE 1223 (55%) 1008 (45%)
Rather than evidence of being increasingly plaintiff-friendly, the
statistics show an increase in equality. It should further be noted that verdicts for plaintiffs do not necessarily reflect relief to the extent desired by plaintiffs. These figures we have not analyzed.
The Circuit Court of Cook County remains receptive to positive suggestions for improvements in the administration of justice. Constructive criticism is helpful when supported by facts justifying the criticism. We welcome any suggestions for improvements in the administration of justice.
By William D. Maddux
Presiding Judge, Law Division
Circuit Court of Cook County