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Trivial Claims Court
The Washington Post - June 2, 2002

by Tom Gordon

Gov. Parris Glendening's veto of legislation that would increase the maximum amount for which a person can sue in small claims courts means that Maryland's small claims courts will be useful only to those seeking restitution for near-trivial amounts. Both consumers and businesses often face disputes involving amounts as high as $10,000 or $20,000 -- sums too large to be written off but not large enough to merit hiring an attorney, because the attorney's fee would eat up most of any money awarded by the court. A logical venue for such cases is small claims court.

Small claims courts are designed for people representing themselves in cases with simple issues. Maryland's small claims courts, however, only hear cases in which the amount in dispute is $2,500 or less. This limit, the eighth-lowest in the country, has not been raised in a decade.

In 2001 the Maryland General Assembly unanimously passed legislation raising the state's small claims jurisdictional ceiling from $2,500 to $5,000. Glendening not only vetoed this legislation but brazenly noted in his veto message that the veto came at the request of the Maryland Trial Lawyers Association, one of his biggest campaign contributors.

In this year's session, the General Assembly again unanimously passed identical legislation. Again, the governor vetoed it. Unabashed, he once again accompanied the veto with a message noting that it was prompted by the opposition of the trial bar.

It is unclear who is acting more selfishly -- the governor for putting his patrons ahead of the interests of the state, or the trial lawyers, for sacrificing the interests of justice in their quest for clients. In either case, the people of Maryland will be fortunate to see a new face in the statehouse next year who might be more supportive of their interests.

Tom Gordon is senior counsel for a nonprofit group involved with legal reform