At midway point of session, Missouri Republicans on track with changes to legal system – STLtoday.com
JEFFERSON CITY Before leaving town for a weeklong spring break, Missouri Republicans checked another box on their aggressive pro-business agenda last week when they sent a proposed law to Gov. Eric Greitens establishing new courtroom standards for expert witnesses.
The measure, one piece of a series of long-sought and controversial changes to the states legal system, attempts to make sure an expert witness meets certain criteria to provide testimony at jury trials.
For business groups such as the Missouri Chamber of Commerce and Industry, the proposal now on the governors desk is designed to make the state more friendly to businesses looking to relocate to the Show-Me State.
For far too long, Missouris lax witness standards have allowed junk evidence into our courtrooms, a situation that has contributed to our states status as having one of the worst legal climates in the nation, said Chamber President Daniel Mehan.
The proposal, which was approved in the Senate on Wednesday by a 21-11 vote, would allow judges to weigh whether an experts testimony would be reliable and based on sufficient facts and reliable principles and methods, as well as being reliably applied to the facts of the case.
Thats a higher standard than is currently used, in which judges can admit expert testimony if it is based on facts reasonably relied upon by experts in the field.
Opponents argue the standards will make cases more expensive because of the added time needed by lawyers to find witnesses who will pass judicial muster.
Previous attempts to alter the standard were blocked by former Gov. Jay Nixon, a Democrat who served as attorney general before his eight years as chief executive.
In vetoing the 2016 version, Nixon said the tightened criteria would clog the court system and put an unfair burden on trial judges who make the determinations, forcing them to conduct unnecessary hearings and become quasi-experts on complex subjects.
Supporters counter that its a standard used by 42 other states and in the federal court system.
But with Nixon now working in the private sector and Greitens serving his first months in office, Republicans who control the House and Senate have made a strong push to enact what they describe as business-friendly legislation.
They also have the backing of a political action committee that will be running advertisements on St. Louis television in support of the changes.
Missouri Rising, which is an offshoot of the America Rising super PAC, earlier announced an ad campaign seeking to draw attention to Missouris legal system.
In response, the Missouri Association of Trial Attorneys, which opposes the changes, is backing an organization called Balance the Scales. In a recent email, the group mocked America Rising for using a picture in one of its ads of a Capitol building that is not Missouris.
For Senate President Pro Tem Ron Richard, the goal of changing the laws regarding lawsuits and courtrooms would allow businesses to expand and grow without worrying about legal costs.
In January, we pledged to make Missouri more competitive with our neighbors, said Richard, R-Joplin. Every piece of legislation the Senate has passed so far has been an effort to make the Show-Me State more attractive to investments. We are focused on legislation that will help facilitate economic growth and build stronger communities across the state.
Senate Majority Floor Leader Mike Kehoe, R-Jefferson City, said the states civil court system is outdated and is forcing businesses out of the state.
These reforms create a better business climate, so businesses can hire employees rather than waste money on frivolous lawsuits, Kehoe said.
Opponents say the measures will limit a citizens access to the court and potentially reduce damage amounts for people who are injured or defrauded.
House Minority Leader Gail McCann Beatty, D-Kansas City, said the first half of the Legislatures session has been dominated by special interest legislation favored by wealthy GOP supporters.
A few mega-donors spent millions of dollars to elect Republican lawmakers to do their bidding, and they are getting everything they paid for, McCann Beatty said. Unless you have a fat wallet and a willingness to open it, you have no say in the Missouri Capitol.
In addition to the expert witness proposal, lawmakers also are expected to head into the final months of the legislative session continuing to push for changes that would alter the states employment discrimination law and workers compensation statutes.
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At midway point of session, Missouri Republicans on track with changes to legal system - STLtoday.com