[10/28/03]Tort reform continued to be a hot topic in the Senate District 23 race Monday night as the two candidates squared off a week before the election.

About 80 people attended the one-hour debate between incumbent Sen. Mike Chaney, a Republican, and Democrat challenger Marcie Tanner Southerland. The two agreed on most issues including attaching priorities to public spending, education and supporting law enforcement efforts, but were polarized on the topic of reform for the civil judicial system.

“More tort reform is needed in Mississippi, and that’s really what this race and this debate is all about,” said Chaney, an 11-year member of the Legislature seeking his second term in the Senate.

“If this race and this debate are all about tort reform, then I guess that went right over my head,” said Southerland, a former Warren County Justice Court judge now serving as county prosecutor.

Last year, Gov. Ronnie Musgrove called an 83-day, $1.6 million special legislative session to address rising medical malpractice insurance rates and doctors closing practices and leaving the state. The session drew national attention and ended with reforms that included capping at $500,000 non-economic damages in lawsuits.

Chaney, 59, said the legislation did not go far enough to end what was termed “jackpot justice” in the national media. He said he supports lowering the cap for non-economic damages to $250,000, as well as ending what has been termed “venue shopping,” meaning finding places for trials where jurors tend to be more plaintiff-friendly.

Southerland, 49, a local attorney who is being backed by several other attorneys and who also has a business background, said more time is needed to see what effect the current reform has on the judicial system before additional action.

She also said she doubted as many Mississippians are as concerned about tort reform as has been portrayed, citing a recent study in which 15 percent of those polled considered tort reform a major issue. Southerland also said she did not believe that frivolous lawsuits are as much of a problem as many people believe.

“I don’t know of any attorney personally who believes in frivolous lawsuits,” Southerland said.

Candidates arranged the debate and were asked 10 questions presented to them in advance.

The future of tort reform in Mississippi was the last prepared question of the debate and prompted an audience question about the candidates’ campaign funding. Southerland, who reported $24,800 in contributions as of Oct. 10, said that nearly half of her campaign funding came from lawyers, but that some of those were close friends who live in other cities.

“I am an attorney. Perhaps if I was a doctor, it would come from doctors,” Southerland said.

Chaney reported receiving $37,895 in contributions as of Oct. 10 and said much of that has come from political action committees representing doctors and businesses.

“I’ve received no money from trial lawyers and I’m sure that’s no surprise,” Chaney said.

Chaney and Southerland agreed that education and accountability in state spending need to be priorities when the Legislature convenes again in January, but also disagreed on another issue.

Both said they would vote against increasing the state tax on a pack of cigarettes from 18 cents to 50 cents, but differed on a smoking ban.

“I think it’s fine to create smoking and non-smoking areas, but when we start making non-smoking areas out of private businesses I think it will hurt our economy,” Southerland said.

“I will vote to ban smoking in public buildings, but as far as restaurants, I will vote against it,” Chaney said.

Senate Bill 2648 banned smoking in buildings at public and private schools and universities, but died in a House committee. House Bill 552 would have banned smoking in any restaurant that served minors, but was never brought to a vote.

Senate District 23 made up of Warren, Issaquena and parts of Yazoo counties.

In other local legislative posts, Rep. Chester Masterson, a Republican, advanced to the general election where he will be unopposed for a second term in his District 54 seat after defeating challenger Alex Monsour in the Aug. 5 primary election. District 55 Rep. George Flaggs, a Democrat, is unopposed.