Law center says it’s finally prepared to serve disabled

Thursday, Aug. 10, 2000 | 11:16 a.m.

A nonprofit law center for disabled Nevadans that was accused of poor performance said it has made improvements following a stormy conversion from its former role as a state agency.

The Nevada Disability Advocacy & Law Center, which has offices in Las Vegas and Reno, has won over some former critics. But others remain skeptical about the law center's effectiveness.

The law center is mandated to protect individuals with physical disabilities and mental illnesses from neglect and abuse by government agencies and other service providers. It is now conducting its annual survey of disabled Nevadans and caregivers to help determine its priorities. Also planned are meetings next week with disabled individuals who are served by state institutions.

"Everything has been cleared up," said Jack Mayes, the law center's executive director. "The agency is more focused, and we're doing the work instead of dealing with individual conflicts and conflicts over money."

When it was a state agency called the Office of Protection and Advocacy from 1978 to 1995, it was hamstrung by its inability to sue other state agencies on behalf of disabled clients. Then-Gov. Bob Miller approved its transformation to an independent law center in 1995.

But the state withheld $109,000 in funding in 1997 when the law center refused to cooperate in a legislative audit. The law center responded by refusing to take any more state money, relying instead on an $800,000-a-year budget consisting mostly of federal funds. But some critics continue to argue that the law center is unresponsive to the disabled community.

Vince Triggs, executive director of the Nevada Association for the Handicapped, complained that the law center only helps individuals who request its services and has refused referrals from other agencies.

"We've just given up using them for any consumer advocacy," Triggs said.

But Mary Evilsizer, executive director of the Southern Nevada Center for Independent Living, disagreed with Triggs. She said the law center not only has taken referrals from her agency but has a mission misunderstood by many disabled individuals.

"The law center's primary priority should be to provide legal assistance and advocacy for people living in institutions," Evilsizer said. "Those are the people who have the fewest resources available to them."

Assemblywoman Vonne Chowning, D-North Las Vegas, a former critic, said the law center won her over after helping her obtain independence for a man involved in a guardianship battle. But Assemblywoman Chris Giunchigliani, D-Las Vegas, argued that the center has been invisible on issues such as lack of building access for disabled individuals. She cited the example of portable school classrooms, many of which have no ramp access.

Mayes, who came to the law center in 1997 from the Northern Nevada Center for Independent Living, conceded that his agency initially suffered high employee turnover and had staffers who were not on the same page. But he and his litigation director, Jill Smith, said the law center has solved its personnel issues and has scored some victories in the past two years.

Chief among them was a federal court decision that compelled the state Division of Mental Hygiene/Mental Retardation to serve not only mentally retarded individuals but those with related conditions such as cerebral palsy and autism. The law center also has been active in seeking expanded Medicaid coverage, and its members were invited to testify at legislative hearings last year.

"Setting up a new shop with new priorities and getting various groups to know what we can do and what we're prevented from doing under our federal grants takes some time," Smith said.

From October 1998 through September 1999, the law center handled 667 cases and made more than 1,400 referrals.

Even Carlos Brandenburg, administrator of the state mental hygiene division that has been a target of the law center, said he has found its attorneys cooperative on issues of mutual interest. But he expressed frustration that the law center does not investigate all allegations of neglect or abuse that it receives from his office.

"Even though I conduct my own investigation there is still an appearance of a conflict of interest," Brandenburg said. "I want an outside agency to also investigate because of the appearance of conflict. But they unfortunately don't have the staff or resources to do all these investigations."