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BUTLER COUNTY SEAT SWAP SQUELCHED
One of the big rumors around the Statehouse for the last month or so
has been the seat swap that Rep. Greg Jolivette (R-Hamilton) and Butler
County Commissioner Courtney Combs (R) were orchestrating. That deal
is now off, following its rejection last week by the Butler County Republican
Party Central Committee.
Under the proposal, Jolivette, who can seek re-election one more time
to the legislature before running up against term limits, would give
up his House seat and the ensuing vacancy would be filled by Combs.
In turn, Jolivette would fill Combs’ subsequently vacated commissioner’s
seat. Combs is halfway through his fifth term as commissioner.
Party members who voted to defeat the plan were concerned about how
such a switch would be perceived, particularly given the fact that neither
Jolivette nor Combs are term-limited next year. They also wanted the
opportunity to select nominees through the normal electoral process.
One prominent party member who opposed the switch was Sen. Scott Nein
(R-Middletown). He shared the concern that the plan would circumvent
the normal process.
The fallout from the plan’s defeat could be felt in next year’s
elections, however. Both Jolivette and Combs have suggested they may
now opt to seek the party’s endorsement for the 4th District Senate
seat, which will be open in 2004 because Nein is term-limited. The presumptive
front runner for that seat is another term-limited Butler County Republican,
Rep. Gary Cates (West Chester).
TRIAL LAWYERS’ DECEPTIVE EDUCATION
In the last issue of The Political Edge, we reported on the media campaign
launched by the Ohio Academy of Trial Lawyers that was designed to bring
pressure on Sen. Steve Stivers (R-Columbus) and others legislators to
weaken or stop SB 80. SB 80 is legislation introduced
by Sen. Stivers that would bring reasonableness and greater predictability
to Ohio’s civil justice system.
Now, the OATL has expanded its media campaign by producing radio ads
that are running on 70 stations across the state, including in each
of the state’s 33 Senate districts. The radio spots began this
week and are expected to be on the air for about two weeks.
The ads assert that passage of SB 80 would result in extra protection
for drunk drivers. They feature a Canton-area man who was injured following
a car wreck caused by a drunk driver. His out-of-pocket expenses –
medical bills, future lost wages, and future housing, transportation,
and living assistance needs – were expected to be more than $2.5
million. Ultimately, he settled with the driver’s employer for
$3.75 million.
The OATL claims that, if SB 80’s proposed cap on non-economic
damages were in place, the victim would be limited to recovering just
$250,000 – far short of the victim’s need.
The big problem is that this claim is simply not true. All of the victim’s
out-of-pocket expenses are economic damages – not non-economic
damages. And SB 80 does not cap economic damages! In addition,
Sen. Stivers is planning to amend his legislation to specifically lift
the damage caps for cases involving drunk drivers.
This ad is just the first in what the OATL promises will be a series
of radio advertisements aimed at “educating the public.” What
is not known is whether it is the work of GOP political consultant Mark
Weaver. Weaver, who was recently revealed to be doing work for the OATL,
has previously served as a consultant to numerous Republican officeholders,
including Gov. Bob Taft and State Auditor Betty Montgomery.
Let’s hope the subsequent ads – whoever is responsible for
them – will be less disingenuous.
FOR THE COMMON GOOD
The OATL is on the defensive elsewhere on the tort reform front, as
well. Common Good, a recently formed bipartisan initiative to “overhaul
America’s legal system to restore human judgment and values,”
petitioned the Ohio Supreme Court last week to cap attorney contingency
fees in some personal injury lawsuits.
The proposal itself would only cap fees in “early offer” settlements.
Early offer settlements are ones in which the defendant is willing to
settle early on terms favorable to the plaintiff. In these instances,
attorney fees would be capped at 10 percent for the first $100,000 and
5 percent on any additional amounts. Common Good contends that contingency
fees are meant to be proportional to the risks and amount of work involved
in a case, and that the typical contingency fee rate of one-third the
settlement is excessive in these types of early offer cases.
Not surprisingly, the proposal was met with an icy reception by the
OATL. The personal injury lawyers blasted Common Good, calling it a
front for corporate interests and claiming the system is not broken
and therefore not in need of a fix.
Sen. Stivers, on the other hand, welcomed the petition. SB 80
includes a provision that would limit attorney contingency fees.
Common Good’s board is made up of leaders in education, health
care, law, business, and public policy and includes such liberal luminaries
as former U.S. Sens. George McGovern and Paul Simon as well as conservative
stalwarts like former Speaker of the U.S. House Newt Gingrich and former
U.S. Sen. Alan Simpson.
The Supreme Court, which is responsible for establishing the Code of
Professional Responsibility for lawyers, has no timetable for considering
the petition.
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