Our Opinion: Daubert standard and the quest for truth

Who is an expert?

That question forms the core of proposed legislation to alter the standards for determining whether a witness is qualified to provide expert testimony in a judicial proceeding.

Missouri senators recently approved a bill sponsored by Sen. Mike Parson, R-Bolivar, to require Missouri to adopt guidelines consistent with the Daubert standard, a rule of evidence regarding the admissibility of expert testimony.

The standard, followed by the federal courts and a number of state judiciaries, contains provisions based on three Supreme Court cases. A component allows parties in a lawsuit to raise a motion asking an impartial judge to exclude unqualified testimony. The judge, as gatekeeper, may exclude the evidence, either before it is presented or after, by instructing that it be disregarded.

Jurisprudence is an adversarial process involving plaintiff and defendant, who present their evidence and arguments to an impartial judge or jury charged with determining truth and attempting to right injustice through restitution, compensation, punishment, etc.

Parson's bill is supported by most Republican senators - it was approved on a 20-10 vote - and business advocates. Ray McCarty, president and CEO of the pro-business organization Associated Industries of Missouri, said, "This actually puts some criteria in place that would help judges review whether a person's an expert or not."

The Missouri Association of Trial Attorneys opposes the measure, claiming it would drive up the costs for litigants to call expert witnesses.

Among the opponents were two Republicans, including Sen. Gary Romine, R-Farmington. Referencing the adversarial nature of jurisprudence, he said, "If you're worth a grain of salt as an attorney, your cross-examination would be the opportunity to dispel the quality of the supposedly expert witness."

Parson's proposal might tip the balance in favor of business, but that doesn't mean it's wrong.

Jurors are asked to determine facts amid ambiguities: Is the witness reliable? Is the testimony believable? Does a purported "expert" have actual expertise?

The Daubert standard is designed to clarify ambiguity by allowing an impartial judge to exclude testimony that fails to meet established guidelines pertaining to expertise. In that regard, it brings jurisprudence a step closer to its goal - to determine truth.