Replacements to be named for special session panel

Adrienne Packer

Friday, July 5, 2002 | 10:58 a.m.

The same board that oversees University Medical Center and unsuccessfully extended an offer to physicians will now appoint two replacements to take part in a special legislative session to discuss the medical malpractice crisis.

Under state law, the Clark County Commission must appoint replacements for Sens. Jon Porter, R-Henderson, and Mark James, R-Las Vegas -- both of whom decided not to run for re-election, moved out of their districts and have sought other offices.

Though the procedure traditionally hasn't been viewed as a conflict of interest, commissioners this time have a vested interest in the session's outcome.

Clark County Manager Thom Reilly said there will be no application process. Temporary lawmakers will be appointed during the board's July 16 meeting and will serve until Nov. 6 -- the day after Election Day.

The only requirements of the replacements are that they live in the incumbents' districts and they are of the same party. Nothing prohibits the board from appointing replacements who might have an interest in the debate.

Commissioners offered a seven-point plan to UMC's orthopedic surgeons during a special meeting last week. Despite the proposal, all but one surgeon resigned due to rising medical malpractice insurance premiums. Physicians believe they cannot treat emergency room or trauma patients without exposing themselves to hefty lawsuits.

The county was forced on Wednesday to close its trauma center -- the only level-one trauma center in the state. In the most serious cases, patients will be flown to hospitals in Arizona or California.

The closing of the trauma center prompted Gov. Kenny Guinn on Wednesday to call for a special session of the Legislature. The session is expected to happen later this month or early in August.

Attorney Dean Hardy said even though the replacements are only two of a 63-member Legislature, the board's appointments are important and should exclude lawyers, doctors and insurance agents.

"I think who the commission appoints is very much a big deal and a very important aspect of this," Hardy said. "I would not expect that the County Commission would appoint someone who would be in an obvious conflict situation because they would have to abstain from a vote."

Commissioners first want to see whose names are offered and whether they would represent the districts well. Commissioner Yvonne Atkinson Gates said the replacements should be familiar with state government and should not be running for another office.

She said the board will not favor one interest over another in selecting the appointments.

"I don't think this board is going to be more inclined to go with one particular person because of their affiliation with doctors, lawyers or whatever the case may be," Atkinson Gates said.

Attorney Gerald Gillock suggested the commissioners also investigate whether potential replacements received money from public relations firms representing the physicians to ensure fairness.

"The type of person it would take is someone who understands the subtleties involved in the issues," said Gillock, who also noted that he believes the session was called prematurely because not all of the facts are known.

"It's going to require someone who has the ability to analyze what information is available and presented."

Deputy District Attorney Mary Anne Miller said she sees no appearance of a conflict.

Authors of the law that authorizes commissioners to appoint replacements to the Legislature likely knew the board could be partisan in its choice and that the county most times has an interest in legislative decisions, she said.

And it's unlikely the board would ever have to choose more than two or three lawmakers.

"It would be a different situation if they picked all the lawmakers," Miller said. "But since there are so many, whatever advantage the commission might gain would be minimal."

Miller added that the county doesn't necessarily favor one stakeholder over another, but that officials simply want to see some sort of resolution to the issue.

Board members said they have no one in mind for replacements in the Legislature because the special session was just called. Commissioner Myrna Williams also said she would wait until names float about before deciding what criteria should apply.

James represented District 8, which includes central Las Vegas, and Porter oversaw District 1, which covers eastern Henderson and Boulder City.

"I haven't thought about the conflict of interest issue," Williams said. "I haven't really thought about that aspect."