My name is Jon Parsley, I am a lawyer from Guymon and I am the president of the Oklahoma Bar Association. Today I am here to address the numerous bills and resolutions that have been introduced during this legislative session that deal with the legal system and the organized bar. 

The Constitution provides that the tree of liberty has three distinct and separate branches -- executive, legislative and judicial.  The Legislature is attempting to prune the judicial branch with a saw whose teeth have been sharpened with untruths and partisan politics.

The members of the Oklahoma Bar Association are duty bound by their oaths to protect and defend the Constitution.  Our duty requires that we speak out when the anchor of our democracy is threatened.

Today the Oklahoma Bar Association announces its opposition to legislation that proposes to interfere with the selection of fair and impartial judges.  It opposes legislation that would hamper the rights of ordinary citizens to have their day in court. It further opposes having the Legislature determine the amount of damages that can be awarded in every case; replacing the constitutional right of citizens to have their cases determined by a jury of their peers.

Lastly, the association opposes price fixing of attorney fees.  We believe in free enterprise and trust the market place...not the Legislature interfering with the constitutional right to contract.

For the past several years there have been "tort reform" bills in the Legislature.  When the Oklahoma Bar Association asked for proof of frivolous lawsuits none was produced.  When the Oklahoma Bar Association was threatened with legislation intended to cripple the association because of alleged lobbying on abortion, we asked for proof and none was produced.  We know too well that that unfounded accusations in the public forum can have reckless consequences if left unchecked.  Some of the supporters of this legislation know Oklahoma does NOT have a tort crisis. 

A 2008 U.S. Chamber of Commerce study found that the legal climate for business in Oklahoma is far superior to that in Texas, which recently enacted tort reform.  Oklahoma ranks 17th; Texas ranks 41st.  A survey of Oklahoma trial judges, conducted by the Oklahoma Senate Judiciary Committee in 2006, found that 90% of judges believed there was no litigation crisis requiring legislative changes.

That same study also found there was no severe problem with frivolous lawsuits.  We already have safeguards in place to prevent frivolous lawsuits - the statutes provide for severe penalties for people who would bring such a suit.  The evidence is simply not there to support the need for tort reform.  Like they say where I’m from, “This dog won’t hunt.” 

If there was proof of an epidemic of frivolous lawsuits, the Oklahoma Bar Association would not be waiting for legislative action -- we would be taking action much quicker than the Legislature.  The Oklahoma Bar Association has a strong history of legal reforms.  In the 1960s it was the lawyers of this state that championed our current judicial selection process to stamp out judicial corruption. 

The positions I have announced today came from the recommendations of a task force created by the Oklahoma Bar Association Board of Governors to review pending legislation.  That task force is made up of a diverse group of lawyers who represent businesses, corporations, insurance companies, and individuals.  I asked the Senate leadership to supply names of persons to be on the task force and promised to appoint them.  None were produced. 

Here today, I call upon the Legislature to produce the facts - not myths or urban legends - but proof of the necessity of the measures that have been introduced.  The Oklahoma Bar Association stands ready to work toward real solutions for real problems, but will not stand idly by while the rights of Oklahoma citizens are taken away based on unsubstantiated political rhetoric.

The high drama of lawyer bashing is great sport for some.  It is time it ends and the real needs of real people take the center stage. 

Elected officials and attorneys alike take an oath to protect and defend the constitution. It is time we stop the drama. It is time we put the facts on the table and rise above partisan politics for the sake of liberty and justice for all.