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DAILY JOURNAL 
http://www.dailyjournal.com
© The Daily Journal Corporation. All rights reserved.

Cable Show Presents 'Good, Bad and Ugly' of Justice System
Daily Journal Extra - Feb 3, 2003

By Eron Ben-Yehuda       

     What is believed to be the only legal advocacy group in California with its own television show broadcasts its message of tort reform across San Diego County.
        The nonprofit organization Citizens Against Lawsuit Abuse produces "Gavel of Justice," a half-hour program that airs twice a week on public-access cable channels.
        "Our message is to educate you, the consumer, about the civil justice system - the good, the bad, and the ugly," the Web site of the statewide group's San Diego chapter states.
         How many residents watch the show, which debuted in 1998, is unclear. It is carried on cable channels run by Time Warner and Cox Cable, which do not keep track of ratings for public-access, noncommercial programming, according to their representative.
        The show claims to reach 90 percent of homes in the county that have cable. Cox covers 530,000 residences, Time Warner 200,000.
        "Gavel of Justice" appears to occupy a unique niche.
        The tort reform group's president, Andy Kotner, knows of no other competition on the tube.
        Matthew Wetmore of Los Angeles-based Hemingway Media Group says he hasn't heard of any other special-interest legal organization with its own television show.
        Gail Fetzer, public-access coordinator for Adelphia Communications, also is unaware of anything quite like it. But she won't go so far as to call the show one of a kind.
        "I can't think of [another] one, but I wouldn't imagine that they are the only ones in California," Fetzer says.
        Dedicated views don't have much to watch this month because the shows are reruns. New programs will begin airing in April, Kotner says.
        The show has a basic format. A host introduces the episode's topic, and a guest then sits for a one-on-one question-and-answer interview. There is no studio audience, and viewers don't call in.
        "Gavel of Justice" covers everything from advice on how to comply with laws to opinions on cases that are making headlines. Past episodes have included "Introduction to Patent Litigation" and "What's Fair About California's Unfair Competition Law?"
        Channel surfers who tune in will see two lawyers from San Diego's Latham & Watkins among the show's February guests.
        
        In Tuesday's episode, attorney Mark S. Pulliam discusses the subject of "Taxation and Legislation by Litigation."
        His firm partner Kenneth M. Fitzgerald will speak about perjury, suppression of evidence and witness tampering Feb. 18. Fitzgerald says these are "common problems" he's encountered practicing law. On the show, he talks about how the remedies the justice system provides to combat these abuses often are ineffective.
        On another appearance, rebroadcast last Tuesday, Fitzgerald spoke about his success in 1998 in getting a lawsuit against his client, the man who performs as The Famous San Diego Chicken, thrown out on summary judgment.
        The San Diego Chicken was sued for ridiculing and assaulting a Barney-like character during performances at baseball and basketball games across the country. The purple dinosaur's owners, Texas-based Lyons Partnership, filed a copyright and trademark infringement lawsuit. Fitzgerald argued that the act is a parody protected under the Copyright Act, the trademark laws and the First Amendment.
        After the suit made headlines, especially in the chicken's home in San Diego, Fitzgerald says he was asked to come on the program.
        "I talked about the case and how ridiculous it was," Fitzgerald says.
        Fitzgerald supports the organization's objective.
        "I think, generally, tort reform and curbing frivolous lawsuits is a worthwhile effort," he says. "I think the show that I was on was part of the agenda."
        But the shows do more than criticize what Kotner describes as a "lawsuit-happy, crazed society."
        One program, for example, discusses the importance of serving on juries. Neal Methvin, San Diego County Superior Court's jury services manager, came on as a guest. He says he never believed the organization pushing its agenda during the show.
        "It was totally unbiased," Methvin says. "It was very positive. I'd do it again, absolutely."
        The San Diego chapter of Citizens Against Lawsuit Abuse counts 8,200 people as "supporters," Kotner says. The group doesn't require dues and so doesn't have members, she says. The organization depends on donations, with a majority coming from small-business owners, but developers and retirees, among others, also provide contributions, she says.
        The San Diego chapter is one of six in California and the only one with a television show, Kotner says.
        Statewide, the organization has 30,000 supporters.
        Although determining how many viewers tune in to "Gavel of Justice" is guesswork, Pulliam says he gets feedback from people who see him on the show. He says he got a compliment for his performance from his office building's maintenance supervisor.
        "It turns out that he's a tort reform supporter," Pulliam says.

Special Note: This article has been reprinted with the expressed permission of the DAILY JOURNAL.


 This page was last updated on 04/19/05  

© 2002 San Diego County Citizens Against Lawsuit Abuse