Attorneys Square Off in State Senate Race

A number of political observers see the state senate race between Republican state Representative Harry Haytayan and Democrat David Gottesman as one of the most competitive around.

One analyst went so far as to call it hot.

On its face, that's an understandable interpretation.

The seat is open, the district is moderate, the candidates are flush with campaign cash, the mud is flying and they strongly disagree on what both consider to be the key issue.

There's only one catch.

Haytayan and Gottesman believe the unfamiliar, wonky, and hard to grasp concept of medical malpractice reform is that key issue.

Sfx: sneak meeting sound up

And just like at this recent Nashua West Rotary Club meeting, neither candidate shies away from digging into the details.

T.15
:40 we identified 5 cost drivers, I won't bore you with the details. One of the key cost drivers is what they call lost adjustment expense. It's essentially the administrative cost to resolve the claim...we found the system in Maine results in greater efficiencies.

(CROSS FADE)

2:25 very complicated...there is only one report of review in of the Maine screening panel, that came out ten years ago, after the plan had been in place. They say it takes an average of 1.75 years to file a claim, and the time the claim is reviewed through the panel.

Briefly, Haytayan supports a panel that would review lawsuits before they go to trial, Gottesman is opposed.

But for many voters, this arcane topic isn't likely to inspire intense interest.

Particularly when the presidential and gubernatorial races are competing for voters' time.

But medical malpractice reform has attracted the attention of political action committees, lobbyists, doctors, and like-minded lawyers from around the state.

And they seem quite willing to contribute to the politicians.

According to papers filed with the Secretary of State Democrat Gottesman has raised at least $16,900 dollars from lawyers.

Haytayan's filings show he's raised at least $8,700 dollars from doctors and the insurance industry.

Nashua Telegraph Editor-in-Chief Dave Solomon says med-mal, as it's called, propelled Haytayan into the race.

1:05 his involvement with this medical malpractice reform is exactly the kind of thing that elevates a legislators profile, and acquires very powerful allies. The NH Medical Association, the NH Hospital Association, insurance industry lobbyists, very powerful forces aligned in his interest.

Solomon says the issue seduced Gottesman as well.

2:33 ... He went to Concord and testified against the legislation...and became kind of energized by the environment...and the sparring between him and Haytayan was almost like a preliminary bout.

But while the candidates continue to rail against each other on the subject Solomon says voters aren't tuned in.

:30 ... right now, it's way behind property taxes, and education funding issues, and even the cultural issues, the liberal conservative litmus tests, gay marriage, gun control, abortion...

Curiously, on many of those issues, the candidates actually agree.

According to a Telegraph survey, both oppose a sales or income tax, both oppose a constitutional amendment to give the legislature more authority on education funding, both support existing gun laws.

The two candidates say they would probably support a tobacco tax increase, and both call themselves pro-choice.

They do disagree over school vouchers, Gottesman opposes the plan, Haytayan voted for a pilot program in the House.

But the disagreement over medical malpractice certainly captures most of the candidate's attention.

And it has helped fuel what seems to be a healthy dislike for each other.

Haytayan, for instance, consistently questions what he calls his opponents 'independence' from trial lawyers

That is an unambiguous reference to Gottesman's ties to the New Hampshire Trial Lawyers Association.

4:05 ...if you look at his financial record, the funds are coming in from suitcase loads from trial lawyers who do medical malpractice. He is the past president of the association, I think he lacks independence on the issue. The issue is going to come back in front of the senate, you have to do what is right for the people.

Gottesman, who has served as president of the Trial Lawyers Association, says his integrity isn't in question.

T.9
:00 ... No one has told me I should run for this office from the trial association. When I told them, they were a bit surprised. I am not trying to shed my relationship with them...I have been very involved in that organization,....I think it serves a very useful purpose to stand up for the rights of those who are less able to stand up for themselves.

Haytayan also likes to trumpet that Gottesman has never held elected office.

But for his part, Gottesman questions whether Haytayan is really interested in his statehouse job.

T.11
:03 it has been reported that Mr. Haytayan has been absent for 19% of the roll call votes in the House. My understanding that is one of the highest rates of absentee in the House.

According to Granite News Service, state representatives, on average, missed about 15% of their votes in 2003.

Over the session, Haytayan failed to vote for two key measures, the minimum wage bill that split the House, with the Speaker casting the deciding vote.

And the other was on the controversial insurance bill known as SB 110.

Haytayan insists he's a present and involved lawmaker.

T.20
8:26 there were two House session days that I missed in two years. One of them was the day my wife was in labor with my fourth child. So the only other day I missed was a day...each day there may be 10-15 roll call votes. I think that is a smoke screen, a smoke screen from someone who has been absent from public service for 30 years.

The attacks may spark interest over the final week.

But given the candidate's similarities, as well as the race's low profile, Telegraph Editor Dave Solomon says he expects party affiliation to be a decisive factor.

T.14
2:!0. ...They are both well known in the district. And b/c of their involvement with government and civic organizations, they have built friendships. And people will vote based on their familiarity with the candidates.

Registered Republicans outnumber Democrats by some 3000 people.

But in the district, 10 thousand people call themselves independents.

What decides this race may not be the complicated details of medical malpractice reform.

It may just turn on the more basic function of who can get more people to the polls.

For NHPR News, I'm DG.