Tue, Mar 25, 2008 2:48pm MST

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Daily Sentinel article on Hillman proposal to limit attorney fees omitted his backing from insurance, health industries

Summary: Reporting on Republican former state treasurer Mark Hillman's proposing a ballot measure to "limit the amount of money attorneys can bill their clients in civil cases" and referencing his opposition to a bill that would raise medical malpractice award limits, The Daily Sentinel of Grand Junction failed to mention that Hillman received thousands of dollars in campaign donations from a company that reportedly is Colorado's largest medical malpractice insurer, and thousands more from the health industry.

In a March 24 article, The Daily Sentinel of Grand Junction reported that former state treasurer Mark Hillman "has floated" a ballot measure to cap the amount of a jury award a plaintiffs' attorney can receive. But the article did not provide Hillman's Republican Party affiliation or note that he received thousands of dollars in campaign contributions from what the Denver Business Journal has called "Colorado's largest medical malpractice insurance company" -- the Denver-based COPIC Insurance Co. -- during his failed 2006 campaign for Colorado treasurer.

The article by Mike Saccone reported that Hillman "hopes his ballot measure will counteract the state's move toward 'jackpot justice,' " and referenced Senate Bill 164, "a pending bill that could increase the amount of money medical malpractice victims could seek."

From the March 24 article by Mike Saccone in The Daily Sentinel of Grand Junction, "Ex-treasurer wants to limit civil lawyers' bills to clients":

Former state Treasurer Mark Hillman has floated a ballot measure to limit the amount of money attorneys can bill their clients in civil cases.

Hillman said he decided to push his ballot measure to bring the focus of the state's legal system back to its proper place -- the victims.

"Attorneys do have a cost, but the purpose of the justice system is to make sure that legitimate victims get compensated for their losses," Hillman said.

He said he hopes his ballot measure will counteract the state's move toward "jackpot justice," including a pending bill that could increase the amount of money medical malpractice victims could seek.

The ballot measure also would limit how much money civil lawyers can bill their clients based on the amount of money they win in damages:

  • Up to 30 percent of any award of up to $250,000;
  • Up to 25 percent of any funds awarded between $250,000 and $500,000; and,
  • Up to 10 percent of any funds received in excess of $500,000.

According to the Colorado Secretary of State's campaign finance database, in the 2006 election cycle COPIC's small donor committee and political committee together contributed $5,500 to Mark Hillman's campaign for treasurer. According to Colorado's 2006 campaign and political finance manual, the amounts COPIC's small donor and political committees contributed to Hillman's statewide campaign were the maximums then allowable. According to the National Institute on Money in State Politics, Hillman's contributions from the insurance industry in the 2006 election cycle totaled $9,548, and his contributions from the health industry totaled $5,765.

As Colorado Media Matters has noted, media outlets similarly have reported the claims of Republican state Reps. David Balmer (Centennial) and Cory Gardner (Yuma) that SB 164 represents "payback" to "trial lawyers" without noting the contributions the legislators received from the insurance and health industries.

—E.B.

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