State Senate Republicans will hold a symposium on tort reform
Thursday, allowing anyone to voice an opinion about changing state
laws on lawsuits or jury verdicts.
Afterward, those who pay up to $10,000 can get a private audience
with Republican members of the Senate.
That sends the wrong message about the legislative process,
political analysts and Democrats say.
“It’s not particularly a wise practice,” said Francis Marion
University political scientist Neal Thigpen, a Republican. “It gives
the appearance that one has to (pay) all this money to get
access.”
Part of the S.C. tort reform effort calls for caps on jury awards
in civil cases. Many groups, including doctors and insurance
companies, say jury awards in malpractice cases are too large and
are responsible, in part, for the high cost of health care.
Others, including patient groups, say caps would limit
compensation for those injured by incompetent doctors. Most trial
lawyers also oppose caps, in part because smaller jury awards mean
smaller fees for them.
Senate Majority Leader Hugh Leatherman, R-Florence, said there is
disagreement within the GOP caucus on tort reform. He said the
symposium is a chance for Republican lawmakers to hear all sides of
the argument.
It’s an effort, he said, “to see if we can help frame the
legislation.”
It’s not about buying access, he added.
The money “doesn’t get them anything except an opportunity to be
heard if they choose to,” Leatherman said.
But state Sen. Tommy Moore, D-Aiken, said the opportunity to be
heard already exists — for free.
Moore is chairman of a Senate subcommittee that has been studying
tort reform legislation this summer and fall. Several bills dealing
with the issue already are before lawmakers.
The subcommittee has had two public hearings, Moore said, during
which opponents and supporters of tort reform gave their
opinions.
The Republican symposium, Moore said, “is questionable and I sure
think it’s distasteful. People interested in tort reform have had an
opportunity to be heard. To do this cheapens the process.”
Moore said the message to the public is, come to the subcommittee
hearings, and “if you didn’t get what you want, come to this
(symposium) and pony up and maybe you’ll get a better deal.”
‘JUST THE FIRST IN A SERIES OF EVENTS’
Republicans said the symposium is a fund-raiser similar to those
both parties hold. It is not, they said, unethical or a way to raise
money on the backs of tort reform supporters.
“I had some questions on this myself,” said Senate Ethics
Committee chairman Wes Hayes, R-York. But Hayes said he learned the
cash gets contributors invitations to caucus events all through the
year, not just the tort reform session.
Contributors also can give $3,500 or $5,000, Hayes said. “This is
just the first in a series of events.”
Sen. John Courson, R-Richland, said if Republicans were inviting
only tort reform advocates and not opponents as well, then there
might be a problem.
But the caucus is giving both sides equal time, he said. And
there is disagreement among Republican senators as to what to do on
tort reform, he said, so the symposium will be useful.
Any time a fund-raiser is tied to a particular policy issue,
“it’s going to give that appearance” of a conflict of interest, said
Sen. Larry Martin, R-Pickens, but contributions aren’t buying
access.
“I can understand the sensitivity that anybody would raise, but I
can promise you anybody that wants to advance an issue with a
particular senator doesn’t have to pay for that,” Martin said.
The S.C. Trial Lawyers Association is firmly opposed to tort
reform. But association president Luther Battiste would not say if
the group planned to pay to attend the private session with the
Republican caucus. They did get an invitation, he said.
“We feel that the civil justice system as it exists works very
well,” he said. “We have some of the best judges in the country. The
system works.”
The lawyers group has participated in the subcommittee hearings
and will push its case with lawmakers, he said.
The S.C. Medical Association will make a short presentation at
the symposium but will not pay to be a sponsor, said association
chief executive Todd Atwater.
Atwater said the association makes an annual $3,500 contribution
to the caucus, which it will do again this year.
Gov. Mark Sanford, who has criticized the influence of
contributions on public policy, would not to comment, a spokesman
said.
NEW FUND-RAISING LAW TAKES EFFECT IN ‘04
Political caucuses are much the same as political parties in the
eyes of state ethics and campaign finance laws. If a caucus raises
money specifically for an election or a particular candidate, then
contributions are limited to $3,500 per election cycle.
But in instances such as this, where the donations go to the
caucus’ operating fund, there is no limit on the size or number of
contributions.
After the November 2004 elections, the state’s new campaign
finance law takes effect.
It will allow caucuses and parties to raise unlimited
contributions for their operating accounts, but they would have to
disclose who gave them the money and how they spend it.
Reach Gould Sheinin at (803) 771-8658 or asheinin@thestate.com.