The Real Cost of Prisons Weblog

December 16, 2004
Miss. off 'judicial hellhole' list

American Tort Reform Association says state on its way to recovery

By Jimmie E. Gates
jgates@clarionledger.com

Mississippi is off the Washington-based American Tort Reform Association's "judicial hellhole" list and touted as a model for the rest of the country in judicial reform.

In the association's third annual survey released Wednesday, nine areas of the country are listed as "judicial hellholes," but none in Mississippi.

That comes a year after five Mississippi counties were listed among the country's 13 worst "judicial hellholes" because of high jury verdicts.
In one section of the 56-page report," the report underscores the choice local judges and policymakers have when identified as a judicial hellhole — fix the problems or sink further into the abyss.

"There is no better example of that than the divergent path taken by last year's top judicial hellhole: Madison County, Illinois, and Mississippi's 22nd judicial circuit," American Tort Reform Association president Sherman Joyce said in the report.

"Madison County, (Ill.) sunk deeper as a judicial hellhole; Mississippi, through the resolve of the executive, judicial and legislative branches has started to turn its judiciary around," Joyce said. "It's too early to give Mississippi a 100 percent bill of health, as many reforms only recently went into effect, but Mississippi is well on its way to judicial and economic recovery."

Mississippi's 22nd Circuit Court District of Jefferson, Copiah and Claiborne counties was listed last year as the No. 3 judicial hellhole in the country for litigation abuse. Holmes County was ranked 12th and Hinds County 13th. They were described as "emerging hellholes."

But in the last two years, the state lawmakers have adopted legislation putting caps on most jury awards. The state Supreme Court also has thrown out numerous large jury awards and adopted rules limiting the joining of plaintiffs in large product liability lawsuits.

"It's outstanding news," Mississippians for Economic Progress executive director Steve Browning. "It validated that if Mississippi improved its legal environment, Mississippi's business climate would improve."

The state's legal climate is significantly better than it was at the beginning of the year, he said.

Mississippians for Economic Progress is a coalition of 40 statewide associations representing small business owners, health- care providers, convenience stores, Realtors, auto dealers and contractors.

But Mississippi Trial Lawyers Association President Buddy Coxwell said the list doesn't validate anything.

"Mississippi never deserved to be on a judicial hellhole list," he said.

Coxwell said there had been only a few large jury verdicts in the state and all were reduced during the appeal's process.

"I'm glad we're off the list," Coxwell said sarcastically.