COOK COUNTY: THE LAWSUIT TAX CAPITAL OF THE U.S.

Transcription

1 COOK COUNTY: THE LAWSUIT TAX CAPITAL OF THE U.S. An examination of lawsuit-related expenses paid by Cook County government, and a report on the public services and jobs lost to lawsuits against Cook County A Study Conducted By Illinois Lawsuit Abuse Watch

2 Contents Executive Summary... 3 Methodology... 7 About I-LAW... 8 Cook County: A Culture of Lawsuit Abuse... 9 Cook County: The County That Pays Cook County: The Consequences and Costs of the Culture of Lawsuit Abuse Cook County: Recommendations for Reform Endnotes

3 Executive Summary Cook County is home to some of the nation s top restaurants, shops and architecture, but in recent years, Cook County has also become home to the highest sales tax rate in the country. 1 This sky-high, double-digit tax rate of 10.25% impacts everyone in the county: residents pay more for everything they buy, while businesses close or lay off employees as shoppers take their business outside the County. 2 But one reason the County s sales tax is so high is because Cook County is also home to the nation s highest lawsuit tax. A recent report by the Harris Company ranked Cook County the second-worst jurisdiction in America for legal fairness 3, and another recent study ranked Cook County the third-worst judicial hellhole in the country. 4 It is no surprise, then, that Cook County courts are widely viewed as a place to strike it rich from playing the lawsuit lottery. Personal injury lawyers from across the country flock to Cook County hoping to enrich themselves, often with cases that may have little merit and are designed to secure a quick and profitable settlement from a defendant rather than to redress a wrong. Cook County National Rankings: Second-worst for legal fairness i Third-Worst judicial hellhole ii Fourth-worst for tort costs and tort law iii Worst litigation climate in the nation iv SOURCE: i Harris Interactive, 2008 U.S. Chamber of Commerce State Liability Systems Ranking Study (April 15, 2008); ii American Tort Reform Association, 2008 Judicial Hellholes Report (20080; iii Pacific Research Institute, 2008 Tort Liability Index (March 12, 2008); and iv American Justice Partnership Foundation, 2008 Boardroom Guide to State Litigation Climates (Directorship: June 2008). In recent years, one of the most targeted defendants has been Cook County government, which has spent tens of millions of taxpayers dollars defending against and settling scores of lawsuits tens of millions of dollars that would better spent on much-needed services, such as law enforcement, health care, parks and road repairs. As importantly, those tens of millions in legal costs paid by the County to fight frivolous lawsuits is draining money out of the County s budget, compelling County leaders to keep the sales tax high in part to offset tax 3

4 revenues lost to lawsuit abuse. In reality, everyone in Cook County is actually paying a hidden lawsuit tax because County government is such a strong magnet for lawsuits. This study attempts to quantify that lawsuit tax and measure its widespread impact on County residents. Illinois Lawsuit Abuse Watch (I-LAW) examined the amount of money Cook County government spends on litigation expenses, including settlements and verdicts, and found these staggering results: In 2008, Cook County paid a whopping $69 million in litigation-related expenses. 5 The total amount of litigation-related expenses paid by Cook County has gone up each of the past three years. 6 For the sake of comparison, Cook County s litigation costs were higher than those of Los Angeles County, even though L.A. County has more than twice the population of Cook County. 7 Los Angeles County often ranks high on the list of the nation s worst judicial hellholes, and yet residents there spend less than half as much per capita on lawsuit-related tax expenses than do Cook County residents. Further evidence of Cook County s comparatively high lawsuit tax can be found locally: In 1994, Cook County held 44% of the state s population and 46% of the state s litigation. 8 In 2007, Cook County s share of the state population held relatively steady at 41% but the County s share of litigation in the state had skyrocketed to 65%. 9 Last year, Cook County spent 738 times more money on litigation expenses than DuPage County. 10 DuPage County borders Cook County and is the second-most populous county in the state. 11 In a time of deep recession, when all county and municipal budgets are squeezed, Cook County is spending an unbelievable 738 times more money on litigation expenses than neighboring DuPage County, a competitor for residents and businesses, is spending. DuPage County 4

5 government has disproportionately more money to spend on services that benefit all of its residents, and taxes can be kept lower than in Cook County because lawsuits aren t sucking up tens of millions of taxpayer dollars every year. There is no question that taxes are higher in Cook County than any of the other surrounding counties, said Rita Mullins, former mayor of Palatine. The high taxes are at least in part a reflection of the legal climate in Cook County, and, certainly, the tax situation in Cook County makes it difficult for Cook County-based businesses to compete with businesses in surrounding counties. Why pay more for something in Cook County when you can go just a couple of miles and get the same thing for less? Had the Cook County government s $69 million expenditure on litigation costs in 2008 been available for other, more worthwhile projects, the County could have been able to: Hire 1,540 new police officers; 12 Hire 945 new nurses for Cook County hospitals and health care facilities; 13 Purchase 3,286 Chevrolet Impala full-size police pursuit sedans; 14 Supply 530 portable ultrasound scanning units and accessories; 15 Provide County hospitals with 317 ventilators; 16 Resurface about 200 miles of County roads in Cook County; or 17 Pay for new parks and recreation services equivalent to the entire budget of the Chicago Botanical Garden for two years. 18 Clearly, Cook County government is being targeted by many enterprising personal injury lawyers because of the county s infamously plaintiff-friendly courts, but the elected leadership of Cook County government also shares some of the blame. Cook County could follow the lead of other municipal governments, including the City of Chicago, by sending a clear message to personal injury lawyers and potential plaintiffs merely looking for jackpot justice that lawsuits will be fought aggressively and not quickly settled. Chicago Police 5

6 Superintendent Jody Weis drew headlines recently for his public push to get the city to fight more lawsuits, a stance the city s Law Department has now adopted. 19 Cook County officials, however, have made no plans to follow Chicago s lead, a fact that sends a clear message to potential plaintiffs and aggressive personal injury trial lawyers, who can be expected to continue to target county taxpayers pockets with frivolous lawsuits against the County. Instead of trying to find ways to reduce lawsuits against Cook County, the response of the Cook County Board continues to be to ask taxpayers for more and more money. Given the seemingly continued indifference from Cook County officials, the county s sky-high lawsuit tax is likely to remain so, which can be expected to translate into cutbacks in County services, a continuing double-digit sales tax rate, lower retail sales and accompanying job losses. Taxpayers need to take this issue seriously because it is their money being wasted. This report will provide an in depth examination of the lawsuit abuse climate in Cook County and explore possible remedies to the problem. 6

7 Methodology To produce this report, Illinois Lawsuit Abuse Watch s (I-LAW) examined the Cook County Finance Subcommittee budget reports for fiscal years , which are posted on the Cook County Board website, to determine how much of Cook County taxpayers money is being spent on litigation-related expenses. To provide a context to the extent of Cook County litigation expenses, I-LAW also researched and analyzed litigation costs in neighboring DuPage County, the second-largest county in Illinois, and in Los Angeles County, another large urban county. In addition, to better understand the relationship between litigation costs and the costs of other municipal programs and services, I-LAW examined Cook County budget documents and relied on public statements from elected officials and community leaders in the county. Information sources are footnoted throughout the report. 7

8 About I-LAW Illinois Lawsuit Abuse Watch (I-LAW) is a grassroots, non-partisan watchdog group of concerned citizens, community leaders and small business people interested in a broad range of civil justice issues. I-LAW has more than 10,000 individual supporters throughout Illinois. Formed in 2002 with the goal of seeing balance, fairness and common sense in Illinois civil justice system, I-LAW seeks to shine a bright spotlight on special influences and imbalances in Illinois courtrooms. Illinois has long ranked nationally as one of the worst states in the country for legal fairness, and Cook County courts, in particular, have been criticized as magnets for frivolous lawsuits, many having little or no connection to Cook County. Through a variety of public education programs, I-LAW works to raise awareness about the lawsuit abuse issues in Illinois and urge elected officials to ensure Illinois courts are fair and balanced. I-LAW is concerned that meritless lawsuits in Illinois courts impair the ability of those with legitimate claims to gain access to the state s court system. Anyone interested in learning more about stopping lawsuit abuse in Illinois or becoming a supporter of I-LAW can visit or call ILAW. 8

9 Cook County: A Culture of Lawsuit Abuse In recent years, Cook County has become a favored destination for personal injury lawyers looking to hit the jackpot playing the lawsuit lottery. The litigation climate has become so bad that Cook County has been ranked the second-worst local jurisdiction for legal fairness the last two years, according to a recent report from the respected non-partisan global market research firm Harris Interactive. 20 In addition, Cook County is ranked the third-worst Judicial Hellhole, according to the American Tort Reform Association s annual Judicial Hellhole list. 21 Cook County made its debut on the list in 2005 and has remained a fixture on that list ever since. 22 According to the report, one of the reasons Cook County continues to hold a prominent place on the Judicial Hellholes list is because: Plaintiffs lawyers and their clients often arrive at the Cook County Courthouse from other Illinois counties and other states with a briefcase and a lawsuit in hand. 23 In other words, Cook County has become a magnet for lawsuit abuse. For example: Last August, a woman filed a lawsuit against the Brookfield Zoo claiming dolphins performing in a show deliberately splashed her and forced her to slip and fall during a visit to the zoo one year ago. She is seeking damage awards in excess of $50,000. The fact that dolphins splash around is precisely why people go to see them, but somehow a grown woman wants to hold dolphins responsible for her fall. 24 This lawsuit seems silly on the surface, but the zoo will be forced to spend thousands of dollars defending against this frivolous lawsuit, which will result in a lawsuit tax that will be paid by families taking their kids to future dolphin shows. Many times, the lawsuits filed in Cook County do not even have any connections to the County. 9

10 For example: A Naperville woman filed a lawsuit this summer against an Aurora hospital in connection with a tubal ligation she received after undergoing a caesarian section. She is suing for $2 million. Her home is in Naperville (DuPage County). The hospital is in Aurora (Kane County), and so naturally she filed her lawsuit in Cook County. 25 How does a case like this end up in Cook County? Perhaps it has something to do with Cook County s growing reputation as a plaintiff-friendly court jurisdiction. But it has not always been this way in Cook County: In 1994, Cook County had about 44 percent of the state s population and was home to 46.6 percent of the state s major civil litigation. 26 The last 10 years have seen a major increase in the number of lawsuits filed in Cook County. In 2007, about 41 percent of the state s population lived in Cook County, 27 but about 65 percent of the state s major civil litigation was tied up in Cook County courts. 28 Percentage of Cook County s share of state s population compared to Cook s share of state s litigation in 1994 and 2007 YEAR POPULATION % LAWSUIT % % 46.6% % 63.6% Source: US Census Data and Circuit Courts of Illinois Caseload and Statistical Records 1994 and 2007 Clearly, Cook County has become a favorite destination for lawyers throughout Illinois and the entire country to file their lawsuits and hope to hit the lawsuit lottery. The culture of lawsuit abuse, though, is not just relegated to the private sector. Cook County government as a large government body is very often the target of lawsuits. The total dollar amount spent on litigation by Cook County was more than $69 million in 2008 alone. 29 Instead of addressing the out of control litigation costs, the County Board 10

11 approved a sales tax hike in The sales tax hike increased the sales tax rate in Chicago to percent, the highest of any major municipality in the country. 30 On the heels of the massive sales tax increase, Cook County Board President Todd Stroger attempted to push through a huge $740 million borrowing plan in which $260 million was going to be earmarked for court costs. 31 Essentially, the borrowing plan would have been, in part, another lawsuit tax on Cook County residents. While Stroger eventually had to back away from his borrowing scheme, the fact that it was proposed in the first place shows that the litigation climate in Cook County is out of control. A major increase in the sales tax apparently is not enough money to cover court costs. Clearly, Cook County residents are paying for rampant lawsuit abuse in the county in a multitude of ways. Often times, these costs are not immediately apparent to the taxpayer, but as Rita Mullins, former mayor of Palatine, explains, these costs are definitely real: Money spent on lawsuits is money that could be better spent on fire and police protection, parks and recreation, road improvements and other worthwhile projects. Excessive litigation is costing taxpayers dearly. As a former mayor, I had to deal with lawsuits on a daily basis and so I know the crippling affect lawsuits can have on a community s budget. The answer, though, is not to raise taxes or borrow money. The answer is to be proactive in creating an environment where lawsuits are the last resort not the first response when something goes wrong. It is time for local mayors and Cook County officials to give the issue of lawsuit abuse the attention it deserves. Money spent on lawsuits is money that could be better spent on fire and police protection, parks and recreation, road improvements and other worthwhile projects. Excessive litigation is costing taxpayers dearly. Rita Mullins, former mayor of Palatine 11

12 Cook County: The County that Pays In the year 2000, a fight broke out at the Cook County jail between a group of inmates and prison guards. In the aftermath of the fight, the inmates insisted that the guards attacked them while the guards presented evidence of a sinister conspiracy to lure them into a fight in the hopes of collecting millions from Cook County taxpayers. Eventually, a jury ruled in favor of the guards in 2005 and cleared them of any wrongdoing. 32 The inmates may not have been successful in their efforts to hit the lawsuit lottery, but the fact that they attempted to scheme their way into millions is an indication of just how pervasive Cook County s reputation as a target for lawsuits really is. The trend in Cook County the last three years has been to pay more and more each year for litigation. The chart below shows a clear pattern of increased litigation payouts. Cook County Litigation Cost Trends FY 2006-FY 2008 $62 million $69 million $46 million Source: Cook County Finance Committee Reports FY 2006-FY 2008 By comparing the individual awards and annual totals of Worker s Compensation claims and a category Cook County identifies as Proposed Settlements, one gets a better idea as to where the 12

13 real problems are. The Compensation claims are like occasional wounds to the County economy requiring a few bandages. The Proposed Settlements are more akin to a catastrophic hemorrhaging in the body politic. According to the latest Census data, Cook County has a population of 5,294,664 residents. 33 The next most populous county in Illinois is DuPage County with 930,000 residents. 34 In other words, Cook County has nearly 6 times the population of DuPage County, and yet the nearly $50 million Cook County paid out in settlements and judgments in is about 738 times the $67,000 DuPage County paid for settlements and judgments in the same year. 36 Total settlements and judgments in Cook County and DuPage County from FY FY 2008 FY YEAR COOK COUNTY DUPAGE COUNTY 2006 $26,855,542 $364, $45,527,175 $559, $49,753,893 $67,432 Source: Cook County Finance Committee Reports FY 2006-FY 2008/DuPage County State s Attorney Office Comparing Cook County to a smaller county is one thing, but how do the litigation costs in Cook County compare to larger counties? Los Angeles County in California has a population of 9,862,049 people, nearly twice the population of Cook County 37 and yet Cook County has paid out more in the last four years in lawsuit taxes than L.A. County. During Fiscal Years , L.A. County paid out nearly $157 million in settlements and judgments. 38 By comparison, Cook County paid out more than $190 million in settlements and judgments from

14 L.A. County and Cook County Comparison $200,000,000 $190,409,130 $150,000,000 $100,000,000 $50,000,000 $156,778,368 Total Settlements and judgements in Cook County and L.A. County from FY 2005-FY 2008 $0 Cook L.A. Source: Cook County Finance Committee Reports FY 2006-FY 2008/ The Cook County Board s eagerness to shell out taxpayer dollars in litigation settlements sends a clear message that Cook County is open for the litigation business. Even Cook County employees take full advantage of the County s inattention to the litigation climate at the county level. For example: In December 2006, a correctional officer received $61,378 for being exposed to extreme stress and traumatic incidents over a course of 7 years. 40 In February 2008, a division analyst for the assessor s office was awarded $12,920 after she injured her right hand on a filing cabinet while hurrying to her supervisor. 43 In November 2008, a correctional officer received $5,400 when a co-worker pulled a chair out from under him. 41 In September 2008, a correctional officer received $45,296 for post-traumatic stress and being bitten by an inmate. 44 In May 2007, a clerk at Stroger Hospital was awarded $4,110 after slipping and falling on a banana peel

15 Many of these payouts are almost cartoonish in nature a woman receiving more than $12,000 after hitting her hand on a filing cabinet while hurrying to her supervisor, or more than $4,000 being awarded to an individual who slips on a banana peel are clear indications that the inclination of the Cook County Board is to pay first and maybe ask questions later. Some lawsuit payouts do little more than enrich the lawyers who bring them. In 2003, the Cook County Board agreed to pay a $430,000 judgment as a result of a sexual harassment lawsuit a Cook County Circuit Court employee brought against her supervisor. Despite a federal judge s ruling that the supervisor did not sexually harass the plaintiff, the County Board decided against appealing the jury award. The plaintiff received $182,500 and $16,000 went to cover court costs. The woman s lawyer was awarded the remaining $231,500 of the $430,000 judgment, which was $49,000 more than his client received and more than 50% of the total award. 45 The culture of corruption, incompetence and fiscal irresponsibility has made Cook County a prime target for lawsuits. John Tillman, CEO of the Illinois Policy Institute The culture of corruption, incompetence and fiscal irresponsibility has made Cook County a prime target for lawsuits, stated John Tillman, CEO of the Illinois Policy Institute. Cook County taxpayers need to pay attention to the culture of excessive litigations and lawsuit abuse in Cook County it s a waste of their hard-earned dollars. Whether it is cartoonish lawsuits involving banana peels or large dollar settlements, Cook County has built a reputation as the County That Pays. The longer Cook County officials ignore the county s lawsuit problem, the bigger the problem will become. 15

16 Cook County: The Consequences and Costs of the Culture of Lawsuit Abuse In 2008 alone, Cook County spent more than $69 million 46 on various legal expenses. Had that $69 million been available to spend on other, more worthwhile projects, Cook County could have been able to: Hire 1,540 new police officers; 47 Hire 945 new nurses for Cook County hospitals and health care facilities; 48 Purchase 3,286 Chevrolet Impala full-size police pursuit sedans; 49 Supply 530 portable ultrasound scanning units and accessories; 50 Provide County hospitals with 317 ventilators; 51 Resurface about 200 miles of County roads in Cook County; or 52 Pay for new park services equivalent to the entire budget of the Chicago Botanical Garden for two years. 53 The consequences of lawsuit abuse in Cook County extend beyond just a loss of government funds; they also have a real-world impact on citizens. One of the direct consequences of the litigation problem facing Cook County government is higher taxes. In July 2008, a sales tax increase went into effect, making Chicago home to the highest sales tax rate of any major municipality. 54 The results of the sales tax hike have been disastrous. A survey from the DePaul University s Chaddick Institute for Metropolitan Development and Economic Research Associates Inc. showed a 5.7 percent drop in sales in Cook County communities near the county line. 55 Communities outside of Cook County that were within five miles of the Cook County line only 16

17 experienced a 1.7 percent drop in retail sales. Cook County as a whole experienced a 4.1 percent drop in sales. 56 The sales tax hike has also contributed to higher unemployment. Businesses are losing customers who are being driven across the county border into neighboring counties by Cook s sales tax rate. Not coincidentally, jobs in Cook County are being lost. The current unemployment rate for Cook County, as of the writing of this report, is 11 percent, which is higher than the national, state and regional numbers. 57 The cost of litigation is not the only factor in increasing the sales tax, but it most certainly is a significant factor, as evidenced by Cook County Board President Todd Stroger s failed attempt recently to borrow $740 million 58. About $260 million of that sum was to go to cover the cost of litigation. Critics of Stroger s proposal took issue with the idea of borrowing money to pay for operational expenses such as the cost of litigation. 59 We need to get out of the bad habit of borrowing to pay for day-to-day bills," Commissioner Forrest Claypool stated in media reports. It seems like we should use operating expenses to pay operating costs. 60 In the end, Stroger did not get his $740 million, but the budget issues facing Cook County government are anything but resolved. Instead of finding ways to lower the County s litigation costs, Stroger presented a choice of either putting taxpayers on the hook for millions of dollars or slashing County services. Both choices meant bad news for taxpayers, as out-of-control litigation continues to cost directly contribute to cutbacks in County services, massive tax increases, unemployment, lower retail sales and the likelihood of future tax increases. The culture of lawsuit abuse in Cook County has contributed to our high sales tax rate and greatly increased the overall cost of doing business here. One frivolous lawsuit can instantly destroy a business and eliminate employees jobs that took many years to grow. Steve Stack, President and CEO of SeamCraft 17

18 The culture of lawsuit abuse in Cook County has contributed to our high sales tax rate and greatly increased the overall cost of doing business here, Steve Stack, President and CEO of SeamCraft, a Chicago-based manufacturing company specializing in custom sewn bags, cases, pouches, straps and covers. One frivolous lawsuit can instantly destroy a business and eliminate employees jobs that took many difficult years to grow. This summer, attempts were made to scale back the sales tax increase, but Stroger was successful in blocking these efforts. 61 If there were serious efforts to address the rising cost of litigation against Cook County coupled with other cost controlling initiatives, the county could afford to scale back the sales tax increase and help put some life back into the local economy. Instead, Stroger and his allies seem content with the status quo. 18

19 Cook County: Recommendations for Reform One of the most basic reforms the County Board can implement is to make sure the information about Cook County litigation costs is more accessible for public review. The Los Angeles County Board, by contrast, produces an annual report on the overall cost of litigation including outside legal costs. 62 The report also outlines the steps taken each year to keep those costs to a minimum. Perhaps the most difficult challenge in developing this report was gathering the necessary information to complete it. A visit to the Comptroller s office yielded the advice to go visit the State s Attorney s office. The advice of State s Attorney employees was to seek out President Todd Stroger s office. A visit to Stroger s office led to a formal Freedom of Information Act (FOIA) request for judgments and settlements paid out for Fiscal Years Nearly a month later, and after repeated phone calls seeking information on the status of the FOIA request, a County employee claimed that there was no possible way to find out the information requested in the FOIA request. Finally, a second visit to the Comptroller s office produced a meeting with an employee who revealed a six-step process of finding the information on the Internet. Before the Cook County Board can take steps toward reducing litigation costs, County officials must have an understanding of what those costs are in the first place. Is it any wonder that the litigation costs are out-of-control when analysts working for Stroger claim they cannot even find information about lawsuits filed against the County in a FOIA request I-LAW submitted? Taxpayers should not have to go through a six-step process on the Internet just to find out how their money is being spent. Another step the County Board could take is to send a message that the County is not going to roll over every time a lawsuit is filed. Just recently, Chicago Police Supt. Jody Weis said the City of the Chicago and the Chicago Police Department are going to take a more aggressive approach in fighting back against some of the more outrageous lawsuits against the city. 63 Here are some of the reasons why the city is fighting back against lawsuit abuse: 19

20 In just the first six months of 2009, the City of Chicago has paid out nearly $22 million to settle cases against the Police Department and almost half of those settlements were for less than $5,000 while about 85 percent of the payouts were less than $50, During that same time frame, the City paid out $1.65 million in cases that actually went to trial. 65 The Police Department s new strategy is intended to reduce the number of lawsuits filed against the City and to increase morale among officers who are constantly the targets of these lawsuits. Perhaps if the Cook County Board followed the lead of the Chicago Police Department, the number of outrageous lawsuits against the County would drop. But instead County officials are not even talking about the litigation problem. The culture of lawsuit abuse and the unwillingness to challenge it is a byproduct of the culture of political corruption in Cook County. A recent media investigation of 11 contracts awarded by the office of Capital Planning and Development found that all 11 contracts were awarded to individuals with political connections and only three of those contracts actually went to the lowest bidder. 66 If the Cook County Board cannot make the common-sense decision to do a better job of awarding contracts to the lowest bidders, taxpayers cannot be at all surprised to see how little attention is paid to the rising cost of litigation at the county level. Clearly, the County Board cannot eradicate 100 percent of litigation costs, but this is no excuse to ignore the problem altogether. Cook County has spent more in the last four years on settlements and judgments than L.A. County a county twice the size of Cook County. The longer County officials ignore this problem, the worse it will become. Cook County pays lobbyists to represent Cook County interests in Springfield. Why can t County officials direct these lobbyists to join efforts to implement meaningful lawsuit reforms at the state level? If lobbyists were to take a stand for reform, such as a common sense venue reform bill 67 that remains stalled in Springfield, it could a long way toward changing not only the culture of lawsuit abuse in Cook County but the rest of the state as well. 20

21 Unfortunately, Cook County officials are seemingly content with the status quo. With more and more jobs disappearing, taxpayers can no longer afford the status quo. The culture of everincreasing taxes, pervasive political corruption and rampant lawsuit abuse are inexorably linked. Some Cook County elected officials, however, recognize that there is a problem and they are speaking up for reform. State Senator Matt Murphy recognizes the problem: Instead of raising taxes, we need to look at ways of creating an environment for job growth. Improving our legal climate here in Cook County would go a long way toward attracting new jobs and opportunities. I look at this report as an important step in educating the public about the importance of this issue, and an educated and motivated public will hopefully force Cook County commissioners and legislators in Springfield to take actions to change the culture. While certainly a select few in the County government are working for reform, the reality is that the only meaningful way to change the culture is for taxpayers to get involved at the grassroots level and to put reform-minded people in positions of power. If taxpayers continue to ignore the culture of lawsuit abuse and political corruption at the county level, nothing will change. It is the residents of Cook County who ultimately have the power to bring about the necessary reforms. Now that the people of Cook County have the facts, the next step toward reform rests squarely in their hands. 21

22 Endnotes 1 Caitlin Devitt, "Cook County OKs $3.2B Budget With Sales Tax Hike, Health Care Board (The Bond Buyer: March 4, 2008). 2 IBID 3 Harris Interactive, 2008 U.S. Chamber of Commerce State Liability Systems Ranking Study (April 15, 2008). 4 American Tort Reform Association, 2008 Judicial Hellholes Report (2008). 5 Board of Commissioners of Cook County, Report of the Committee on Finance (November 25, 2008). 6 Board of Commissioners of Cook County, Report of the Committee on Finance (November 25, 2008). 7 County of Los Angeles Office of the County Counsel, County Counsel Annual Litigation Cost Report - Fiscal Year 2007/8 (October 1, 2008). 8 Illinois Civil Justice League, Litigation Imbalance: The Need for Venue Reform in Illinois (November 2008). 9 State of Illinois Supreme Court, Caseload and Statistical Records Circuit Courts of Illinois (2007). 10 DuPage County Office of States Attorney, FOIA request (2009). 11 DuPage County Population information opulation. 12 Cook County Sheriff, Employment Opportunities ( 2009). 13 Indeed, RN Salaries in Chicago, IL ( 2009). 14 Board of Commissioners of Cook County, Report of the Committee on Finance (March 6, 2008). 15 Board of Commissioners of Cook County, Report of the Committee on Finance (May 20, 2008). 16 Board of Commissioners of Cook County, Report of the Committee on Finance (March 18, 2008). 17 Illinois Department of Transportation, Fiscal Year 2009 Estimated Costs (2009). 18 Board of Forest Preserve District Commissioners, Executive Budget Recommendation for Fiscal Year 2009 (2009). 19 Frank Main and Stefano Esposito, Chicago Police Superintendent Wants to Fight Meritless Lawsuits Against Cops (Chicago Sun-Times: August 29, 2009). 22

23 20 Harris Interactive, 2008 U.S. Chamber of Commerce State Liability Systems Ranking Study (April 15, 2008). 21 American Tort Reform Association, 2008 Judicial Hellholes Report (2008). 22 American Tort Reform Association, Judicial Hellholes Report ( ). 23 American Tort Reform Association, 2008 Judicial Hellholes Report (2008). 24 Lauren R. Harrison, Brookfield Zoo Dolphin Lawsuit: Woman Sues over Fall She Blames on Wet Floor (Chicago Tribune: August 20, 2009). 25 Marian Wang, Naperville Woman Sues OB-GYN for Unauthorized Sterilization (Chicago Now: August 7, 2009). 26 Illinois Civil Justice League, Litigation Imbalance: The Need for Venue Reform in Illinois (November 2008). 27 State of Illinois Supreme Court, Caseload and Statistical Records Circuit Courts of Illinois (2007). 28 Cook County Population information ulation and Illinois Population information 29 Board of Commissioners of Cook County, Report of the Committee on Finance (November 25, 2008). 30 Caitlin Devitt, "Cook County OKs $3.2B Budget With Sales Tax Hike, Health Care Board (The Bond Buyer: March 4, 2008). 31 Rob Olmstead, Stroger Authorized to Borrow Billions (The Daily Herald: 2008). 32 "Jury backs jail guards, rejects beating claims Emotional Cook County sheriff lauds verdict, vindication.(news)." Daily Herald (Arlington Heights, IL). Paddock Publications Retrieved October 26, 2009 from HighBeam Research: 33 Cook County Population information ulation 34 DuPage County Population information opulation. 35 Board of Commissioners of Cook County, Report of the Committee on Finance (November 25, 2008). 36 DuPage County Office of States Attorney, FOIA request (2009). 37 L.A. County Population information 23

24 38 County of Los Angeles Office of the County Counsel, County Counsel Annual Litigation Cost Report - Fiscal Year 2007/8 (October 1, 2008). 39 Board of Commissioners of Cook County, Report of the Committee on Finance ( ). 40 Board of Commissioners of Cook County, Report of the Committee on Finance (December 6, 2006). 41 Board of Commissioners of Cook County, Report of the Committee on Finance (November 5, 2008). 42 Board of Commissioners of Cook County, Report of the Committee on Finance (May 15, 2007). 43 Board of Commissioners of Cook County, Report of the Committee on Finance (May 15, 2007). 44 Board of Commissioners of Cook County, Report of the Committee on Finance (September 3, 2008). 45 "Lawsuit against county gives lawyer more than his client.(news)." Daily Herald (Arlington Heights, IL). Paddock Publications Retrieved October 26, 2009 from HighBeam Research: 46 Board of Commissioners of Cook County, Report of the Committee on Finance (November 25, 2008). 47 Cook County Sheriff, Employment Opportunities ( 2009). 48 Indeed, RN Salaries in Chicago, IL ( 2009). 49 Board of Commissioners of Cook County, Report of the Committee on Finance (March 6, 2008). 50 Board of Commissioners of Cook County, Report of the Committee on Finance (May 20, 2008). 51 Board of Commissioners of Cook County, Report of the Committee on Finance (March 18, 2008). 52 Illinois Department of Transportation, Fiscal Year 2009 Estimated Costs (2009). 53 Board of Forest Preserve District Commissioners, Executive Budget Recommendation for Fiscal Year 2009 (2009). 54 Caitlin Devitt, "Cook County OKs $3.2B Budget With Sales Tax Hike, Health Care Board (The Bond Buyer: March 4, 2008). 55 "Midwest Bond-Watch.(Midwest)." The Bond Buyer. SourceMedia, Inc Retrieved October 26, 2009 from HighBeam Research: 56 IBID 57 Economagic.com, Unemployment Rate: Cook County, IL (2009). 58 Stroger borrowing plan Rob Olmstead, Stroger Authorized to Borrow Billions (The Daily Herald: 2008). 59 IBID 24

25 60 "Cook County Weighs Cuts for '09 Instead of Borrowing Plan.(The Regions)." The Bond Buyer. SourceMedia, Inc Retrieved October 26, 2009 from HighBeam Research: 61 Derrick Blakely, County Board Again Fails to Roll Back Tax Hike (CBS2 Chicago: September 1, 2009). 62 County of Los Angeles Office of the County Counsel, Litigation Cost Manager s Annual Report on Cost Reduction Measures for 2006/7 (June 23, 2006). 63 Frank Main and Stefano Esposito, Chicago Police Superintendent Wants to Fight Meritless Lawsuits Against Cops (Chicago Sun-Times: August 29, 2009). 64 IBID 65 IBID 66 Rob Olmstead, In Cook County, Lowest Bidder Seldom Wins the Contract (Daily Herald: July 7, 2009). 67 SB &SessionID=76 25