Your Opinion: Barnes offers "more of same nothing'

Dear Editor:

I was almost persuaded by state Rep. Jay Barnes' March 6 op-ed against the bill qualifying evidentiary standards on expert testimony. Almost - but then I realized Barnes was offering more of the same nothing. He can throw out some cases and miraculously characterize complex holdings in the span of a sentence or two and he can wave a verbal wand to "conservatives" throughout his district to give them confidence in his keen eye for frivolous bills creating "liberal" standards, but here's a little food for thought:

Pseudo-experts are used to offer pseudo-scientific opinions in Missouri's circuit courts every day. The bill in question would help keep them out of trials. Barnes can create an in-out fallacy by associating the bill with "liberal" and his constituents as "conservative," but the bill merely establishes a legal standard to guide the judiciary where experts may be utilized.

I can't imagine many judges like it. Admittedly, there will be more hearings - and it's a lot easier to rule by gut instinct than analyze and apply a stiff evidentiary standard. And we do live in a state that has minimal codified rules of evidence.

But where are the cases? Barnes cries! Well, I'll tell you where they are: many are buried in circuit courts all over the state as unreported, trial-level cases. Many others never go to trial because they are settled, and the evidentiary standard is a consideration when the question of settlement arises. But, being an attorney, I'm sure Barnes is well aware of this ...

Those supporting the Daubert standard needn't sift through circuit court records to justify an evidentiary standard adopted and used since the '90s in the far majority of courts around the country. Barnes offers up plenty of feel good, ad populum rhetoric but none of it relates to the far majority of his constituents. What it may do is serve as a scapegoat or talking point for someone who time and again has failed to bring Missouri out of the pits when it comes to state employee compensation. Six years and a bunch of baseless talk and hollow attempts at passing real legislation.

In the end, Barnes has left his constituent state employees with only one award: 50th out of 50. Barnes shouldn't be railing against Daubert - but it sure is easier to sell that than own up.