|Author||Subject: Measure 81 - A limit on you, not on Them|
|Mike C|| Posted At 16:44:53 03/28/2000
I found this at http://www.1574.org/page5.html
Background: House Joint Resolution 2 (HJR 2), which put Measure 81 on the May 16, 2000 ballot, was a late session amendment of another bill. It was written and passed both chambers in only six days. Legislators initiated the measure in reaction to a unanimous decision by the Oregon Supreme Court. On Thursday July 15, the Court declared unconstitutional a law adopted by the 1987 Legislature to limit non-economic damage awards decided by juries. The ruling was in the case of John Lakin, a Portland area man who suffered a severe brain injury when a defective nail gun doublefired. While the Legislature reacted to a specific Court ruling, the resulting measure goes far beyond the ruling and grants legislators constitutional authority to change or interfere with every aspect of civil law, including the right to trial by jury.
While Oregon's workers' compensation law already limits the ability of injured workers to obtain fair and just compensation, some of the most seriously injured workers still have a chance to have their cases heard by a jury of ordinary citizens. Measure 81 would give the legislature the power to close that court access.
Two days later, on Saturday, July 17, a committee in the State Senate gutted HJR 2, a measure originally meant to limit nude dancing, and stuffed it with language to allow the legislature to impose limits on juries and civil justice. (Currently 0 replies)
Posted At 16:57:30 03/28/2000
I found this on another page at that site. What doesn't surprice me about our republican legislature is that a committee in the State Senate gutted HJR 2, a measure originally meant to limit nude dancing, and stuffed it with language to allow the legislature to impose limits on juries and civil justice.
BALLOT MEASURE TO PUT POLITICIANS OVER JURIES
Oregonians Access to Justice Threatened
Oregon voters who support open access to our courts must be vigilant next May because of some last minute, late session shenanigans by the 1999 Oregon legislature. One day before adjournment, lawmakers passed House Joint Resolution 2 (HJR 2), which is designed to give lawmakers the power to limit jury decisions.
"This is a blatant attempt to take away people's right to justice as decided by' 12 ordinary citizens," said Linda Eyerman, President-elect of the Oregon Trial Lawyers Association (OTLA). "If this law passes, legislators would have The authority to overturn or overrule nearly any decision made by a jury. This law would limit individuals' access to justice and to the courts." OTLA is an organization of over 900 plaintiff attorneys that regularly promotes juries and jury service, and supports~open access to the courts.
Because the legislature sent HJR 2 directly to the May 2000 ballot, Governor Kitzhaber had no opportunity to veto it. The measure appears to be the Legislature's way to impose its will on the Oregon Supreme Court. The court, in a unanimous decision announced Thursday, July 15, declared unconstitutional a law adopted by the 1987 Legislature to limit non-economic damage awards decided 'by juries. Two days later, on Saturday, July 17, a committee in the State Senate gutted HJR 2, a measure originally meant to limit nude dancing, and stuffed it with language to allow the legislature to impose limits on juries and civil justice. The measure passed the Senate on Thursday, July 22, and passed the House on Friday, July 23, going from concept to ballot measure in less than a week, hardly. a landmark in deliberative government.
The new measure reads, "The Legislative Assembly by law may impose limitations on the damages that may be recovered in civil actions." If voters pass this law, it would practically negate a citizen's right to take a grievance to a jury of 12 ordinary citizens. The legislature, a highly political body, would have the authority to limit any jury decision on compensation for pain and suffering, loss of wages or medical bills. In addition, the pro-big business groups backing the proposal should realize that those limits could extend to business disputes involving contract disputes, foreclosures, copyright infringement or real estate transactions.
"Lawmakers are trying to overturn a unanimous ruling by the Supreme Court," Eyerman pointed out. "Our democracy was founded on separate and equal branches of government. Now the legislative wants to control the judicial."
Re: Measure 81 - A limit on you, not on Them (Currently 0 replies)
Posted At 17:52:50 03/28/2000
Great post Mike C.
We need to remember who Measure 81 will hurt the most, Injured workers.
We have the right to fair compensation after an on the job injury, something
that the current system dosen't provide.
Great job Mike, Keep us Informed Ok
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