PRESIDENT'S MESSAGE

By RANDALL O. SORRELS Abraham, Watkins, Nichols, Sorrels, Matthews & Friend

A New Legacy of Justice

This spring we will have the opportunity to witness a historic event. The new Harris County Civil Court-house will be unveiled and opened for business. The current primary location housing the civil courts in Houston was built in 1911 and, in all likelihood, this new building will be the last major civil justice building built in our lifetime.
The opening of the new courthouse provides a unique opportunity to remind the citizens of our community that access to the justice system is vital to maintaining a democracy free of chaos, turmoil, and rebellion. However, there are three concerns that affect our fellow citizens’ rights to justice that need to be addressed: funding of our judicial branch; legislative “door slamming;” and access to the legal system for those who cannot financially afford it.

Judicial Funding
The fiscal issues facing our third (and supposedly equal) branch of government are fairly easy to identify. Simply put, the government is not adequately funding the needs of our judicial branch. Case in point - judicial salaries. Although the Texas legislature seemingly addressed judicial compensation in a recent special session, many judges here in Harris County may actually end up with less money in the bank at the end of the day because of some very specific language which prohibits our county commissioners from fully addressing the salary and insurance differences created by the new legislation. The details of the legislative subtleties are too complex for this page, but suffice it to say the judges of Harris County are not “high-fiving” each other over the “pay raise.” Attracting and retaining a qualified and competent judiciary involves paying adequate salaries. Our government officials should recognize this immediately and take action to close the gaping compensation divide that exists between the public and private sector.
As to other judicial branch funding issues, the best evidence that the Texas legislature is not doing enough to support our judicial branch of government is the fact the budget for the entire statewide judicial system represents only 0.6 percent of the statewide budget. Texas can, and needs, to do more.
The federal courts are no better – and, in fact, may be worse. In fiscal years 2004 and 2005 there were across-the-board budget cuts resulting in a reduction of 1,500 judicial branch employees. In Chief Justice Roberts’ 2005 year-end report, he noted that the real pay of federal judges has declined since 1969 by almost 24 percent, while the real pay of the average American worker during that time increased by over 15 percent. As Chief Justice Roberts notes, “In order to preserve the independence of our courts, we must ensure that the judiciary is provided the tools to do its job.” Indeed, for the courthouse to be open for all in its fullest sense, we must have a well-balanced, adequately funded judicial branch to administer justice.

Who Can Participate in Our Justice System?
The second area we must not overlook is that of the legislature’s efforts to “regulate” entry into the courthouse. It is no secret I am the first plaintiffs’ lawyer in 30 years to be president of the HBA, so it should be no surprise I might want to share with you my personal dissatisfaction with recent legislative efforts to diminish the rights of Texans who seek redress for wrongs we commonly call torts.
The medical negligence “reforms” provide the most straightforward example of how the newest, most user-friendly courthouse in the country will not be accessible to many of those who are victims of a medical error or other torts. My law firm continues to receive a substantial number of calls from patients who have legitimate complaints about the quality of health care that they have received. For many legitimate victims, the 2003 changes make it economically unfeasible to pursue their cases. It is a fact the number of filings of medical negligence cases are down significantly since September 1, 2003. However, there has not been a corresponding reduction in the number of medical mistakes that occur. We, as trustees of the justice system, must be attentive and circumspect when the legislature seeks to limit access to the courthouse doors by whatever means.

Access for the Poor
Finally, the price to enter the new civil justice center cannot be so high that those with lesser financial means are excluded from obtaining judicial relief. There are numerous studies indicating that up to 75 percent of the legal needs of lower income Americans are not being met. While I am not sure of the exact percentage of those who have legal needs that continue to go unmet, I am aware the well of pro bono cases at the Houston Volunteer Lawyers Program never seems to run dry.
There are many things that each of us could do to help address the access to justice issues that face the working poor, but I am not sure that detailing those things in this column will inspire anyone to action. If it is in your heart to help people in need to find a legal solution to their problems, or you have a legitimate business reason to help others who cannot afford a lawyer of your quality at this stage in their life, call David Mandell, Executive Director at the Houston Volunteer Lawyers Program at 713/ 228-0735. He will provide you with all of the information that you will need to truly make a difference in someone’s life.

Conclusion
Our Harris County Com-missioners have put in place a plan that will establish one of the best courthouse complexes in the country. The March opening of the Civil Justice Center, pictured on the cover of this magazine, will complete another piece of that plan. However, accessible justice does not become automatic with the construction and opening of a new courthouse. Justice must be administered by real people and has to be available to all people. We, as lawyers, can help serve as spokespersons for those who cannot. I urge you to become educated on the issues discussed here and become an advocate to help ensure justice is administered for the life of this new courthouse and beyond.

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