"Public Perception and The Law"

Multnomah Lawyer, March 2005

LETTER TO THE EDITOR

Dear Editor:

Thank you for Sylvia Stevens' recent article, "Polishing Our Image," calling us to action to help with the problem of misinformed public perceptions. I write to respectfully suggest that we need to coordinate various bar efforts in this important area, and that the focus of those activities should be on the more fundamental problem of protecting the civil justice system and the right to jury trial.

On the first point, there are many different groups with overlapping public education programs. For just a few examples, the OSB Board recently honored jurors during Juror Appreciation Week; the American Board of Trial Advocates (ABOTA) has as part of its central mission the protection of the right to jury trial; the Oregon Trial Lawyers Association (OTLA) has been active in this area; the Oregon Jury Project has in the past sponsored public service announcements about jury service and the benefits of the jury system. It would be helpful if the various efforts could be coordinated and also directed towards a clearly defined common goal.

On the second point, the common goal should be support and protection of the jury-based civil justice system. Juries, and our civil justice system, have been under relentless attack for years. Critics contend that juries are out of control, when the statistical evidence is to the contrary. According to the popular press, special interests have spent vast sums to undermine the civil justice system. Opponents of juries want to reduce or eliminate their power, shifting decisions away from what is the most democratic institution in our system of government. Instead of polishing the image of our profession, which would be a desirable goal under more favorable circumstances, our profession's immediate responsibility is to educate the public about the importance and benefits of the jury system.

Sincerely,

Don Corson