Monday, July 22, 2002 | 11:05 a.m.
When the special session of the Legislature convenes in one week, battle lines over capping jury awards will be drawn largely between Republicans and Democrats.
Assembly Republicans, who back the caps, are a distinct minority, with just 15 out of 42 seats. The majority Democrats have blocked previous attempts at tort reform.
But with the session falling during the campaign season, public opinion about tort reform could bring power to the minority position. Already Sen. John Ensign, R-Nev., has made it a litmus test for those who want his backing. And Democrats say public support may make it tough to say no to liability caps, even for those who don't seek the top Republican's blessing.
Ensign has asked all Republican state lawmakers to sign a pledge supporting four planks of a reform bill he backs.
Ensign's pledge states that the signer supports:
In an interview Ensign said the pledge is a prerequisite for consideration of some $200,000 in donations from his political action committee to be made this cycle. And while the pledge rankled some Democrats and Republicans alike, it also bolstered some whose minority voices in Carson City now have some high-profile support.
"I signed it and sent it back the same day I got it," Assemblyman Bob Beers, R-Las Vegas, said. "For me, this issue has been advocated by my party for years, and has been routinely denied so much as a hearing by the Democrats in the Assembly.
The past several sessions of the Legislature, Assemblyman John Marvel, R-Las Vegas, has introduced legislation that would cap non-economic jury awards in medical malpractice cases at $250,000. His bill has never had a hearing in the Democratic-chaired Judiciary Committee.
"I don't care if there's money attached to it or not," Beers added. "I would sign it regardless."
Assembly Minority Leader Lynn Hettrick, R-Gardnerville, who said he will sign Ensign's pledge, dismissed any criticism that it interferes with the independence of lawmakers.
"The timing of that letter, happening just before the special session is coincidental," Hettrick said. "It won't have much impact on incumbent legislators."
But Democratic State Party Chairman Terry Care, also a state senator, said he thinks the letter will be an influence.
"In this case here we are on the verge of a special session and everyone has said we need to be open to all possibilities," Care said. "This seems to cross the line."
Many Democrats said privately Ensign's request bordered on bribery, because a cover sheet sent out by the Assembly Republican Caucus says a signature on the pledge is required for consideration of campaign money. Ensign said he had no idea the caucus sent such a cover sheet.
Assistant Attorney General Tom Patton said Ensign's pledge and the cover sheet do not violate the state's bribery law, because there is no promise of compensation -- only for consideration.
Assembly Speaker Richard Perkins, D-Henderson, said he thinks "it should be explored" as to whether those who sign the pledge are violating any ethics or state laws.
The state Ethics Commission has no jurisdiction over Ensign, but could consider any case involving a legislator who signs the pledge.
Despite some lingering questions about the pledge signers' ethical standing, even the Democrats sense the support for caps has them backed up against a political wall in an election year.
The Assembly Democrats plan to introduce proposed legislation that will have a cap in some sort of sliding scale based on the frequency of a doctor's lawsuits.
Some Democrats say their party is in a tough position, because blocking the Senate Republicans' likely $250,000 cap proposal will make them seem like obstructionists.
"I can see this putting us in a bad position in an election year," one Democratic lawmaker said. "The doctors are making a very powerful statement about caps, and the public is buying it.
"I don't want us to be blamed if we don't pass the caps, but I don't see any other outcome if we don't," the lawmaker said.
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