(Sept. 20) -- The executive and judicial branches of state government are clashing over a question that's supposed to be on the ballot this year. The Secretary of State believes that the Nevada Supreme Court justices are biased in a question affecting trial lawyers.
It's ballot question 3. It was brought by doctors to limit the amount of pain and suffering damages that a malpractice victim can receive. It also limits the amount of money attorneys can take out of a settlement. Eyewitness News talked with all sides in this exclusive report.
Dr. Rudy Manthei is behind petition. He says, "The big picture is this. If we want to salvage healthcare we have to start someplace."
Rich Myers, lawyer and plaintiff, said, "If passed, it would really deprive the patient of a full fair day in court by a jury."
Medical malpractice remains a touchy issue. It's no different for the language of the question on the ballot. The State Supreme Court told the Secretary of State Saturday the wording wasn't good enough. That's not good enough for doctors.
"If you make the wording so precarious that you don't understand what the question is, then you won't vote for it. Unfortunately that is the direction that they have taken," said Dr. Manthei.
But lawyer Rich Myers, who brought the lawsuit, says that the entire initiative needs to be on the ballot -- not just someone's interpretation. Secretary of State Dean Heller believes the justices decision followed Myers thinking. "I think there is an agenda here to keep question 3 off the ballot," Heller stated.
After the decision, Heller's office had about 24 hours to make the changes to keep the question on the ballot. "The Supreme Court clerk came to this office and complained that we were moving too swiftly on this order. I think the intention all along was to keep this question off the ballot by making us change the order, change the meeting or the explanation."
Rich Meyers added, "I don't think it is the place of the executive branch, which is the Secretary of State. I don't think it's his place to be openly critical, which I understand he has been."
The debate is not over.
The changes make this question the longest one on the ballot in the last ten years. Lawyers who filed the lawsuit against the question may file another lawsuit to get the entire initiative language on the ballot. That decision will come Tuesday morning.
