State Representative Paul Evans released court documents today that showed while Don Weber was a Circuit Judge and while he was employed by the Madison County State’s Attorney’s Office as a Senior Prosecutor in 2005 and 2006, he accepted financial finder’s fees for referring plaintiffs with asbestos cases to private law firms that were tried in the Madison County Circuit Court where he was a judge.
“At a time when Don Weber is seeking to gain another public office in which he has made asbestos litigation reform central to his campaign, it is critical that the taxpayers of the 108th Legislative District understand the past financial rewards Weber received from asbestos lawsuits while on the public payroll,” said Evans.
Madison County plays host to one of the busiest asbestos dockets in the United States. Cases from all over the country are filed there. In each of these suits, dozens, if not hundreds of defendants are named.
Weber has said that if he is elected as state representative, he would propose legislation that would make the asbestos docket in Madison County “fairer and would enhance the integrity and reputation of such litigation,” according to an article written in The Madison/St. Clair Record on March 1, 2012.
“I question Don Weber’s ability to make a fair and impartial decision about asbestos litigation when he benefited financially in referring cases for plaintiffs,” said Evans. “It would be like having the fox guard the hen house.”
Court records also show that while receiving the referral fees, Don Weber did not voluntarily remove himself from asbestos and other cases in which he knew he had a personal conflict of interest, which is required by Illinois Supreme Court rules, until others made him by motioning the court for his removal.
Under the Illinois Supreme Court Rule 63, “a judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned, including when a judge was within three preceding years, associated in private practice of law with any law firm or lawyer currently representing any party in controversy.”
Court documents detail that Weber received payments from the SimmonsCooper Law Firm of East Alton, after Weber referred plaintiff Jack Baierlein to SimmonsCooper in 2003 for an asbestos related wrongful death lawsuit of Linda Baierlein (Case Number 03-L-1991). At that time, Weber entered into an agreement with SimmonsCooper Law Firm, whereby Weber would receive a contingency fee in connection with the referral.
As a result of recovery in the case, SimmonsCooper made its first payment to Weber on January 24, 2005, while he was still employed by the Madison County States Attorney as a prosecutor. Later that year in November 2005, Weber was appointed to fill a vacancy as a Circuit Court Judge of Madison County, a position he later lost in his 2006 election bid.
On December 20, 2005, then Judge Weber was assigned a case filed by David Meyer and Julie Meyer (Case Number 05-L-208) on behalf of SimmonsCooper, the same firm with whom he had a contingency fee agreement for asbestos case referrals. Weber then received his second fee payment from SimmonsCooper on January 5, 2006, court documents show.
On January 11, 2006, SimmonsCooper filed a Motion for Substitution of Judge on behalf of David Meyer and Julie Meyer before then Judge Weber due to the conflict of interest. Weber granted Julie Meyer’s motion, on January 13th, but not for David. In his order it was reported that “the David Meyer case remains pending before this Court . . .”
According to a Court Order filed on January 30, 2006, Weber recused himself from fourteen other asbestos cases that involved the SimmonsCooper Law Firm and the law firm of Williamson, Webster, Falb and Glisson, another asbestos litigation firm located in Alton. However, he did not recuse himself from the David Meyer case.
Then according to a notarized affidavit, on January 31, 2006, Weber called John Simmons, of SimmonsCooper. Mr. Simmons returned the call on February 1, 2006 at which time, Weber informed Simmons that “he (Weber) must recuse himself from cases in which SimmonsCooper LLC is counsel of record because he referred a case to SimmonsCooper LLC and had been receiving and may receive future fees in conduct with said case.” For reasons unknown, Weber still did not recuse himself from the David Meyer case.
On February 7, 2006, it appears that a third payment check was sent from SimmonsCooper to Weber in relation to the original contingency fee agreement.
According to a motion that was delivered to the Madison County Circuit Clerk’s Office on February 17, 2006, SimmonsCooper filed another motion to recuse Weber from David Meyer’s case because Weber had not recused himself on January 13th or after the phone conversation with John Simmons on January 31st. This motion was granted.
“This matter not only smacks of a lack of judgment by an official of the courts, but also is in potential violation of standards set forth for attorneys and judges by the State of Illinois,” said Evans. “When Don Weber became aware of the ethical conflict, he should have immediately voluntarily recused himself, instead he accepted another fee payment from his referral of an asbestos case.”
“It is clear that in this case, it was the plaintiff’s attorney who brought fairness and integrity to the asbestos litigation process, not Don Weber,” said Evans. “How can he expect anyone to believe that he will make the process fairer as a state representative, when he failed to do it as a judge.”
Weber has stated in his campaign for state representative, that he did not preside over any asbestos cases as a judge because “the trial attorneys were too afraid of me.” It is clear now, however, that he was forced to disqualify himself because he benefited financially from asbestos litigation.
“It is very disturbing that Don Weber thought it was proper to accept payments for referring private asbestos litigation cases to trial lawyers while he was serving on the bench,” Evans stated. “In essence, he was on the payroll for asbestos plaintiffs while earning a taxpayer funded paycheck and pension to safeguard the citizens he represented. Don Weber owes us all an explanation.”