Several residents said they were offended to receive a letter from a state legislator asking them to vote against two constitutional amendments tied to medical malpractice.
Rep. Floyd Esquibel, D-Cheyenne, sent the letter asking voters to reject Amendments C and D.
The amendments would give the Legislature power to limit medical malpractice damage awards and set up a review panel to determine whether lawsuits against doctors are frivolous.
The amendments were drafted as a way to slow rapidly rising liability insurance rates paid by doctors.
“These proposals are an attempt to change Wyoming’s constitution in a way that favors out of state insurance companies and hurts the citizens of Wyoming,” the letter reads in part. “I am opposed to these amendments and ask you to vote against both of them.”
Some of Esquibel’s constituents wondered if the bulk mail permit was paid for with taxpayer money and whether it’s appropriate for a lawmaker to recommend how they should vote.
Esquibel, a lawyer, said the Wyoming Trial Lawyers Association paid to send the letter.
“As far as my constituents are concerned, I had a phone call asking for an explanation of the amendments, so I explained what they do or don’t do,” he said. “Another person was pretty offended. I believe they had some medical connections.”
Esquibel said the state constitution should not be changed when other avenues could be pursued such as a state-funded insurance program or paying for more slots in medical schools that would require doctors to work in Wyoming for a specified period.
Warren Bower said that he threw out the letter before he even left the post office.
“I didn’t think he had any business choosing up sides with the lawyers, even if he is a lawyer,” Bower said. “He did not get my vote (for re-election), and he didn’t change my mind.”
Martha Silver, a physician, said she supports both amendments while acknowledging that they are not a complete solution to the high cost of malpractice insurance.
“I was pretty offended because I believe that if we are constituents, our representative was supposed to listen to us,” she said. “I was offended he would tell us how to vote. I think it should be the other way around.”
When she discovered the postage was paid for by the trial lawyers, she said she felt as though Esquibel was bought by the group.
Secretary of State Joe Meyer, whose office oversees election law, said legislators and elected officials cannot be prevented from communicating with constituents.
“We have a right to free speech too,” he said. “If we’re talking about taking a position on a ballot proposition, there has to be a statement of receipts and expenditures filed, so the trial attorneys would have to file and say they donated the money.”
Copyright 2004 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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