The Economic Judicial Report® began in 1995 when a group of practicing attorneys became concerned that the judiciary was becoming dominated by plaintiff’s attorneys, now free to advertise, who benefited financially from backing the selection of judges whose judicial philosophy favored the expansion of liability. Verdicts in many jurisdictions grew exponentially, enriching those members of the bar who had begun to influence the selection of judges who expanded liability beyond traditional boundaries. They realized that citizens were asked to elect or retain judges, but had no meaningful information about those judges. Some bar associations had attempted to provide reviews of judges by asking their members to complete surveys, but this anecdotal information was highly subjective and incomplete. 

After much research, the attorneys concerned about the direction of the judiciary developed a method that has proven itself fair and accurate. Our staff of attorneys now look at a judge’s complete record, reading opinions in which there is a difference of opinion among the judges or there is a new question of law. By considering cases in which the judges themselves disagree about what the law says, The Economic Judicial Report® is careful not to rate the law itself, but the manner in which each judge views the law. In this way, judicial philosophy emerges. When judges who look at the same law and facts disagree, it reveals a bias which is also an excellent predictor of a judge’s future decisions.

The goal of The Economic Judicial Report® is to measure the judicial philosophy of appellate judges in relation to expansion of liability. Liability affects every citizen and business, not only because of the potential for being sued, but also in the rising cost of services, goods and insurance. 

The Economic Judicial Report® is compiled by a staff of attorneys who read opinions and assign ratings to each judge on each case. Our attorneys read every opinion the court issues that affects liability, including such topics as arbitration, class actions, employment, insurance, medical malpractice, product liability, workers’ compensation and general liability. The scores for each case are accumulated and each judge is given an overall percentage-based score. The scores for each judge on the bench are presented together and we believe that a clear representation of their judicial philosophy is revealed.

In the past 28 years, The Economic Judicial Report® has provided information to chambers of commerce and associations of business and industry to educate their members and to make decisions about which judges to support in reelection campaigns or on retention ballots. Our information has also been used by governors as they make appointments to the bench.

As an equal tier of government that can, unchecked, override legislative advances in the law, it is vital that we continue to provide information about the judicial philosophy of those seeking to inhabit the chambers of the judiciary.