Valley slips off Judicial Hellhole List

An area that has long been known as a trial lawyer's paradise has improved its judicial status among a group that monitors the fairness of the civil justice system, according to a report issued by the agency.

For the second time in the past seven years, the Rio Grande Valley is not on the Judicial Hellhole List. This year, it is on the Watch List, officials with the American Tort Reform Foundation said.

The Judicial Hellhole report names some of the nation's "most unfair civil court jurisdictions." The ATRF has been issuing its annual report since 2002, according to its Web site.

"It (the rating) bounces up and down a little bit depending on what's going on in any given year, whether there are several gigantic verdicts or whether there was a verdict where a juror was getting money from the plaintiff," said Darrin McKinney, ATRF's director of communications.

McKinney added that the classification also depends on what is occurring in other parts of the country.

Since 2002, the Valley or portions of it have made the Judicial Hellhole List, according to the ATRF. The only other year it wasn't on the list was 2005.

"I think it's great that the Valley is not on that list," said Bill Summers, president and founder of Citizens Against Lawsuit Abuse of the Rio Grande Valley. "I think we ought to be proud."

Summers founded CALA in 1989 in an attempt to curb frivolous lawsuits. Its mission was to ensure the courts were fair to all.

Summers attributes the improved rating to state legislation passed several years ago that put a cap on civil lawsuit judgments. For several years, the Valley had a reputation of having juries that favor plaintiffs.

Summers said he's not against individuals who are rightfully wronged filing appropriate lawsuits. However, he said when lawyers turn to greed or judges make a wrong decision, those things need to be addressed.

"We don't ever want to keep anybody from doing that (seeking justice)," Summers said.

West Texas trial lawyer Tony Buzbee was quoted in the Judicial Hellhole report as saying, "... (The) venue probably adds about 75 percent to the value of the case. ... When you're in Starr County, traditionally, you need to just show that the guy was working, and he was hurt. And that's the hurdle."

According to ATRF, Buzbee made the comment while referring to filing lawsuits in Starr County.

McKinney said although trial lawyers are familiar with the annual report, taxpayers should pay attention to it as well because whatever happens in the civil justice system ultimately affects them.

"It is ultimately up to taxpayers and voters, who can convince policy makers to make things better," McKinney said.

2008/2009 Judicial Hellholes :

• West Virginia
• South Florida
• Cook County, Ill.
• Atlantic County, N.J.
• Montgomery & Macon counties, Ala.
• Los Angeles County, Calif.
• Clark County, Nev.

2008/2009 Watch List

• Rio Grande Valley & Gulf Coast of Texas
• Madison County, Ill.
• Baltimore, Md.
• St. Louis (the City of), and St. Louis & Jackson counties, Mo.

(Source:American Tort Reform Foundation)