Sept. 6, 2007

Texas' antiquated courts

Houston Chronicle

Texas' courts are not well structured at present to effectively handle the
most complex litigation demands of the 21st century.

This is a serious problem that gets little discussion, and the Chronicle's
Aug. 29 editorial, "End run," arguing against moving forcefully to address
it, was misguided.

Texas' antiquated court system handles some of the most complex cases in the
world involving highly specialized scientific, business and technical
issues.

In these complex litigations, Texas should provide the parties involved the
opportunity to have their trial presided over by a judge with the
professional background and skills that particularly fit their case and the
appropriate resources to do the job.

Texans for Lawsuit Reform Foundation released a report earlier this year
that laid out a framework for handling the most complex and time-consuming
cases that come before our courts.

Importantly, our proposal also includes providing resources - clerks and
computer capability - to the judges who try complex cases.

The idea of a specialized system to handle complex lawsuits is far from
radical. Many states, including Texas, have long had specialized courts that
handle only probate, family law, small claims or criminal cases. Judicial
specialization is the best way to ensure that our courts dispense justice
evenly. Modernizing our state courts is essential to making sure Texas
maintains its place in the global marketplace. Our court structure has been
built in a hodgepodge fashion over the past century, and the handling of
complex cases is one part of the comprehensive reform we recommend. Texans
and the Chronicle should support modernization now.

LEO LINBECK

president, Texans for Lawsuit Reform Foundation, Houston

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Source : Houston Chronicle

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