LEGISLATURE IN SESSION

Dear NONE,

Senior partner, David Marsh, was at the Alabama State House in Montgomery last week for opening day of the 2004 regular legislative session.  As President of the Alabama Trial Lawyers Association, Marsh says he's keeping a close eye on "all bills dealing with civil justice issues".

There's a bill pending in the House Judiciary Committee to reduce the size of the Alabama Supreme Court from nine to seven members.  While the bill has some support as a cost-saving measure, Marsh questions whether eliminating two seats will have any real effect when the overall judicial budget is more than $100 million.  But Marsh's real concern with the bill is the "negative impact losing two seats would have on minority participation on the Court".

Another bill that bears watching is one pending in the Senate Business and Labor Committee that immunizes wholesalers, retailers and distributors of tobacco products from any kind of civil liability.  Marsh blasted the bill as "a forum-shopping bill" and plans on fighting it.

But Marsh urges the whole bar to support a substitute bill called "Civil Suit Fees Increased".  It would increase filing fees and create some new filing fees in civil cases.  Marsh calls this a "good piece of legislation that will keep the courthouse doors open, keep jury trials going and give judges the staff and clerks they so desperately need".  Its hoped the new fees will make up a $25 million shortfall in the court system's budget.  The bill that has been introduced, however, needs major work as the proposed fee increases are too high.