Process of naming of new senators is criticized

Adrienne Packer

Thursday, July 18, 2002 | 9:10 a.m.

Two replacement senators were named to the state Legislature on Wednesday despite at least one applicant and one Clark County commissioner questioning the appointment process.

In the end, commissioners voted unanimously to appoint Republicans Christine Milburn to replace Sen. Jon Porter, R-Henderson, and Jesse Paulk to take over for Sen. Mark James, R-Las Vegas.

The two replacements will take part in the upcoming special session to address the medical malpractice crisis. They will serve as state senators until new lawmakers are elected during the Nov. 5 general election.

Porter and James resigned from the Legislature to seek other offices. James is running for the Clark County Commission District F seat, and Porter is a candidate for the newly created 3rd Congressional District seat.

County commissioners are required by state law to appoint the replacements.

Board members did away with concerns they would name an applicant with a personal interest in the crisis involving insurance companies, doctors and lawyers.

Though neither are stakeholders, Milburn and Paulk said they are familiar with the rising medical malpractice insurance premiums that prompted trauma and emergency room physicians -- doctors who treat high-risk patients -- to turn away victims.

Commissioner Bruce Woodbury recommended Milburn, a resident of Senate District 1 for two decades. Milburn is a former corrections officer but is better known for founding Operation Godspeed, a group that advocates veterans programs.

Milburn said she grew interested in the issue long before all but one orthopedic surgeon practicing at University Medical Center resigned, forcing the hospital to temporarily close its trauma center.

"I've already talked to numerous doctors, I've talked to lawyers and insurance agents," Milburn said. "The issue always comes up in social settings."

Milburn said she intends to enter the session, scheduled to begin later this month, with an open mind. She has no concrete ideas on how to resolve the problem.

"It's an important issue that needs to be taken seriously," she said. "The only losers in this will be the citizens."

Paulk is a contractor who lives in James' District 8. He is a member of the Associated General Contractors and has been a member of its government affairs committee for 14 years.

Paulk is prepared for a grueling session, but acknowledged he has a lot to learn.

"I know this isn't going to be a picnic," he said. "I'll do whatever I need to do to get the job done. I wanted to do something for this state and for my family."

Commissioner Yvonne Atkinson Gates likened Wednesday's appointment procedure to the longtime process the county used to appoint county justices of the peace.

The fairness of that policy was challenged when critics questioned whether politics played a role in Atkinson Gates' nomination of Karen Bennett-Haron to replace Jennifer Tagliotti as justice of the peace in July. Bennett-Haron is the first black woman judge in the state justice system. Atkinson Gates is also black.

The process to appoint justices of the peace was changed Tuesday. Rather than relying on the commissioner who oversees the district in which the vacancy occurs, a committee will accept applications and make a recommendation.

"This process was no different than the process I had done," Atkinson Gates said of naming the senate replacements. "And they said that process was so horrible."

Commissioner Bruce Woodbury selected Milburn, who once worker for Porter. Woodbury has agreed to work on Porter's congressional campaign. Porter is up against Woodbury's fellow board member Dario Herrera for the congressional seat.

"She develops a consensus and anyone who knows Christine could not possibly say she is not independent," Woodbury said. "No one can tell her what to do."

Commissioner Chip Maxfield, a civil engineer, nominated Paulk.

"He's neither an attorney, insurance agent nor a doctor, and he certainly will be objective," Maxfield said.

Woodbury and Maxfield are not only the only two Republicans on the commission, but they represent the districts in which the vacancies occurred.

Ed Gobel, president of the Council of Nevada Veterans Organizations, applied for James' seat and said he was disappointed in the process. Gobel said he believes commissioners had made their decision before applicants spoke Wednesday.

"It was odd the way it was done," Gobel said. "It was a short process, if you want to call it a process. I just think it should be more open."