Criticism of AG More Than Politics

by admin on 09/10/08 at 1:13 pm

The State Journal
Oct 09, 2008

For its part, the Legislature may want to follow the lead of the federal government, which prohibits its agencies from using private law firms on a contingency-fee basis. With an election less than a month away, critics of state Attorney General Darrell McGraw are trying to make a case that the attorney general is out of bounds. These are more than partisan charges.On more than one occasion, members of the state Legislature have expressed their dismay with the way McGraw handles funds that his office recovers through lawsuits and settlements. Controlled by Democrats, the Legislature has passed a law that requires the Attorney General’s Office to report any funds it recovers through legal action.

The federal government contends that West Virginia owes it money from a $10 million OxyContin settlement — money that McGraw doled out to a number of parties, including lawyers who represented the state in the case. And what about McGraw’s relationship with those generously compensated law firms? It appears that a few lawyers benefit, and the rest of us pay the price.

In response, McGraw’s allies say critics ignore the attorney general’s good work, including cracking down on businesses that have victimized West Virginians. McGraw presents himself as a friend and protector of the people, and, frankly, some find comfort in his assurances. His allies say greedy business interests are behind some of the attacks, and they call criticisms of the office “red herrings” that distract from McGraw’s successes.

But McGraw and his staff have been reluctant to share their methods of handling the people’s money. They seem to be distrustful of the members of the Legislature — the people’s elected representatives who are responsible for state spending decisions.

West Virginia has a reputation that it is hostile to corporations that may consider doing business in this state. Can McGraw and his allies honestly say that his war on corporate America has had no effect on West Virginia’s reputation as a place to do business?

Look at our per-capita income. Look at the out-migration of young, educated people. We cannot be satisfied with those statistics, and we cannot be pleased that West Virginia — a state that desperately needs job-creating investment — is seen as hostile toward corporations.

The people, of course, will have a say about who their next attorney general will be. For its part, the Legislature may want to follow the lead of the federal government, which prohibits its agencies from using private law firms on a contingency-fee basis. That certainly would change the dynamics of how the state would attack private businesses.

Leave a Reply