Miller's reach fire trial shows a system that works

Frontiersman Editorial Board

The jury in the Miller's Reach trial was instructed to treat the Division of Forestry as it would any private person or corporation that could be held accountable for it's actions. Alaskans ought to remember that the state argued in the two original lawsuits spawned by the fire that it had "sovereign immunity" and that the lawsuits should be dismissed.

A lawsuit questioning Forestry's practices in the field was off-limits they argued. As if all they had to say is "We're from the government. We're here to help," and no one should or could question their actions.

The Miller's reach plaintiffs had to go to the Alaska Supreme Court in order to re-affirm their right to question state workers in court.

Ultimately, their right to sue was upheld.

This "right to sue" should always be protected for people with a beef against the government. Fire fighters, cops on the beat, inspectors and bureaucrats who interpret rules and sign-off on or deny permits ought to be held accountable for their actions. The threat of a lawsuit is one way for them to be held accountable.

We think the jurors made the right decision in a case that was too close to predict from the sidelines. Some might call the Miller's Reach lawsuit frivolous but such "tort reform" minded people should be told that the right to sue if you believe you've been wronged is anything but frivolous.

We've heard grousing from the side-lines about our "litigation happy" society. We've also heard that firefighters, both volunteers and full-timers, shouldn't have to second-guess their decisions while doing their job because of the possibility that they may be hauled into court later.

Why not? In the private sector eliminating exposure to liability is simply good business.

Doctors accused of negligence can be sued. Employers who allow drinking behind the wheel are exposed to lawsuits.

The state should not be able to limit its accountability any more than the private sector. With good judges and good attorneys the court system will put frivolous suits out the door and juries can handle those cases that are too close for a quick dismissal.

If nothing else, the Miller's Reach plaintiffs reminded a lot of people that the right to question the government and the right to have those questions heard in court, is still alive in Alaska. And that's as it should be.

The proper protection from litigation is to stay clear of questionable practices that could land you in court. To claim immunity from litigation may actually diminish the government's efforts at self regulation. In the end, the system works.