An attorney representing Valencia County in the hospital lawsuit said at Wednesday’s county commission meeting that it could up to four months for the New Mexico Supreme Court to decide whether or not it’ll review the latest decision in the nearly three-year-old case.

The attorney for the nine plaintiffs who filed the lawsuit against the county — James L. Sanchez — has said he intends to request the supreme court take up the case, just a week after the New Mexico Court of Appeals ruled against his clients. The case was first heard by district court, which also ruled against the plaintiffs.

The plaintiffs first argued that the hospital mill levy passed by voters in 2006 couldn’t be used for construction of a hospital but only hospital operation and maintenance. The county agreed to use the money only for operation and maintenance.

After the district court allowed the county to enter into a health care facilities contract with a local nonprofit, Valencia Health Commons, the plaintiffs appealed to the New Mexico Court of Appeals, arguing the contract is a violation of the New Mexico Hospital Funding Act because the health commons isn’t a hospital located in New Mexico, which they say is a requirement in the act.

“You’ve now had two courts look at the contract and say it’s OK,” Duane Brown with Mondrall Sperling, who represents the county, told the county commissioners.

He said the plaintiffs can ask the appellate court to rehear the case or ask the supreme court to review the appellate court’s decision.

“They would be asking the supreme court to review this decision by the court of appeals to see if the court of appeals had made a mistake,” Brown said.

He said the supreme court can reject the case within approximately 90 days after Sanchez files a writ of certiorari requesting the court review the case.

If the supreme court decides to to hear it, the time frame is much longer.

“Should the supreme court say, ‘Yes, this decision by the court of appeals deserves a second look,’ then it could be much longer than three to four months,” Brown said.

Commissioner Ron Gentry has frequently decried delays in constructing a hospital that are caused by the lawsuit.

“If the supreme court decides they don’t want to hear the issue, then do you appeal it to the pope?” Gentry quipped.

Brown said if the supreme court refuses to hear it the case has nowhere else to go within the New Mexico court system.

“There is an end in sight,” Gentry said.

None of the other commissioners, a couple of whom are usually outspoken on the hospital issue, said a word about the hospital or decision during the commission meeting.

This page was published on February 19, 2010 at 12:13am and is filed under Hospital.