Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, September 29, 1995 TAG: 9509290048
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: DAN CASEY STAFF WRITER
DATELINE: LENGTH: Medium
At a news conference, the Roanoke County Republican also showed a videotape of his Democratic opponent, Roanoke Vice Mayor John Edwards, telling a crowd at a Greater Raleigh Court Civic League debate two weeks ago that legal reforms are unnecessary.
Edwards later fired back that Bell himself is guilty of increasing legal costs. The vice mayor noted that Bell last year voted for raising the filing fee for small-claims court cases from $18 to $30 - a 67 percent increase levied on thousands of small businesses and individuals across the state each year.
The broadsides show that the campaign for the Senate seat representing Roanoke and Roanoke County is growing more contentious, with only five weeks left before the election.
Bell said that the 18 million lawsuits filed each year in the United States wind up costing $132 billion - and that less than half that amount winds up in litigants' pockets.
However, statistics compiled by the Williamsburg-based National Center for State Courts indicate that the number of lawsuits filed in Virginia courts in recent years actually peaked in 1991 and has declined since then.
A total of 118,250 civil cases were filed in Virginia in 1991, according to the center. That number dropped to 116,600 in 1992 and 115,005 in 1993, the most recent statistics available.
As an issue, legal reform doesn't appear to have a high profile in General Assembly races in Virginia this year. The GOP-controlled Congress, however, is considering some federal legal reforms, including a controversial "loser pays" system that would require losing litigants to pay attorney fees for victorious ones.
Bell isn't proposing a "loser pays" system. He said he believes it might shut some poorer defendants with legitimate claims out of the courts.
The aim of his proposals is to "lower what actually flows back to the plaintiff and the lawyer" and discourage frivolous lawsuits, Bell said.
Bell proposed that the state:
Limit punitive damages to $250,000 or twice the amount awarded to a plaintiff for lost wages and medical expenses, whichever is greater. Punitive damages awarded above the cap would be transferred to the state Literary Fund, which is set aside to pay for school construction.
However, since 1988, Virginia has limited punitive damages to $350,000 - one of the lowest caps in the nation.
Bell admitted he was unaware of any cap on punitive damages when he announced the proposal.
"He doesn't know what he's talking about," Edwards countered. "That's the problem with this."
Select judges by merit, rather than through partisan politics. General Assembly Democrats, who have held the majority in the legislature for more than 100 years, now make the selections in closed sessions.
"These back-room judicial deals put partisanship over competence and fairness," Bell said.
"There are no back-room deals," Edwards said in response. "It's an open process, and the General Assembly is the one that elects the judges. I don't know of any case at all where partisanship over competence and fairness has led to the appointment of a judge.
"If Mr. Bell knows of one, I'd like for him to name that judge. I believe we have judges in the Roanoke Valley of great integrity, great competence and great fairness.
Give immunity from civil lawsuits to individuals who volunteer their time or resources to help others, except in cases of gross negligence. Bell said Little League coaches shouldn't have to fear being sued by the parents of a player injured by a pop fly or foul ball.
Then, Bell played the debate videotape:
"... I think we have a good legal system here in Virginia. I think what we need to do is make sure that everybody has a good lawyer when they go to court," Edwards said in response to a question from the audience.
Edwards responded by branding Bell's proposals "irresponsible" and said they were made for "purely political purposes."
Edwards said Bell's vote to increase the filing fees for General District Court cases affects small businesses, landlords and others.
Bell said the filing fees are unrelated to huge damage awards, which he blamed for the bulk of skyrocketing legal costs.
Keywords:
POLITICS
by CNB