Assembly Democrats: Business will go on with or without Brooks

CARSON CITY – The Assembly Democratic Caucus said Tuesday it will be "business as usual" on the first day of the 2013 legislative session Monday, despite the controversy over the recent behavior of Democratic Assemblyman Steven Brooks.

"Steven Brooks is a member of the Nevada Assembly," the statement from the Assembly Democratic leadership said. "While the situation with regards to him is fluid and we will respect his needs for privacy and care, the work of the Assembly will go on whether or not he is able to join us at the start of the session."

Caucus officials said they don’t know if Brooks will show up at the Legislative Building on Monday.

The plan for the opening day is to hold traditional opening ceremonies and referral of prefiled bills to committees, the statement said.

Brooks, 40, was arrested Jan. 19 on allegations of threatening to harm Assembly Speaker Marilyn Kirkpatrick, D-North Las Vegas.

Brooks, also D-North Las Vegas , was taken into custody again Friday for a medical evaluation after a domestic dispute at a relative’s house.

"Opening day is one of great ceremony, and we intend to set an immediate tone of hard work and productivity," the Democratic caucus statement said. "We will also ensure that all legislators, staff, and honored guests in the building feel safe while the state’s business is accomplished."

Brooks was arrested after Kirkpatrick reported to police that she was the focus of threats by the lawmaker. Those threats were conveyed to Kirkpatrick by state Sen. Kelvin Atkinson, D-North Las Vegas.

Several lawmakers have said they knew Brooks has been upset and felt sidelined by Kirkpatrick, who did not give him the chairmanship of the powerful Assembly Ways and Means Committee. She named him to the committee as a member only. Instead, the leadership job went to Assemblywoman Maggie Carlton, D-Las Vegas.

Brooks’ attorney, Mitchell Posin, said his client is still being held for medical evaluation and is hopeful he will be out soon.

On Friday, following a domestic dispute at a relative’s house, Brooks was taken into custody. Las Vegas police said Brooks was not accused of a crime nor was he arrested, but rather placed in medical custody.

In Nevada police, doctors, psychologists, marriage and family therapists and clinical professional counselors can use a "Legal 2000" form to start the process of placing into custody someone suspected of having a psychiatric illness who may also be a danger to themselves or others.

After being placed in custody, the person is evaluated for medical problems while doctors determine whether they should receive further psychiatric treatment.

Once cleared medically for psychiatric treatment, the treatment team has 72 hours to evaluate whether they should file a petition for involuntary admission for further treatment.

If a petition is filed, a hearing in family court is scheduled within five judicial days where a hearing master will determine whether involuntary admission is justified.

The hearing can include testimony from the treatment team, separate and independent doctors, family members and others. A public defender is present to protect the rights of the subject, who is also free to have private, independent legal counsel.

If an involuntary admission is granted, it lasts six months, although the subject isn’t necessarily in custody the entire time.

Contact Capital Bureau reporter Sean Whaley at swhaley@reviewjournal.com or 775-687-3900. Contact reporter Benjamin Spillman at bspillman@reviewjournal.com or 702-383-0285.