Reality Check

Steve Haner

Questions for the AG Candidates 

There are two kinds of questions to ask candidates for Attorney General: Those that voters care about -- and those that actually pertain to the AG's job.

Virginia’s journalistic old grey lady, the Richmond Times-Dispatch, devoted its Commentary Section cover Sunday to the candidates for attorney general.

Republican Bob McDonnell of Virginia Beach and Democrat Creigh Deeds of Bath answered 16 questions. McDonnell probably gave the tactically more correct answer on favorite book. The editors had ruled out the Bible and he went with “The Greatest Generation.” Deed’s choice of “All the King’s Men” leaves one with the impression that Louisiana and Huey Long are heavy on his mind, along with the dark underbelly of southern politics. Perhaps he just loves Robert Penn Warren’s prose.

The rest of the questionnaire didn’t probe very deeply. It is hard to do so without follow up questions. So, if you run into these fellows over the next five weeks, I’ve got some other questions you might ask them.

(Disclaimer #1: I was an unpaid but very active volunteer on Mark Earley’s 1997 campaign and then served four years as director of administration in the office. Almost four years later my fondness for that office as an institution continues unabated, as it does among most of its alumni throughout Virginia.)

Disclaimer #2: I have donated to and will enthusiastically vote for McDonnell, who is not only conservative but also very smart and capable. That said, Deeds represents a strain of rural, reasonable Democrat that has proven durable and reliable in Virginia for two centuries.)

Gentlemen:

• Will you be willing to forcefully and zealously give the next governor of Virginia, regardless of party, advice he doesn’t want to hear? If he persists in a course you strongly disagree with will you encourage him to hire outside counsel?

• Conversely, are you willing to give a governor the loyal and confidential support he deserves from legal counsel even if he is a member of the other party?

• How will you choose outside counsel for your office and for other state agencies? What criteria will you use, and will political or personal relationships play any role in awarding that potentially lucrative work?

• How will you choose assistant attorneys general and support staff? How will you balance political considerations against academic preparation and proven legal ability? If the best choice for the job has been active in the other political party, will you hire him (or her)?

• The Office of the Attorney General is “at will” and a new attorney general can remove and replace everybody in the shop, right down to the support staff. Once you are sworn, in how deep will you make changes?

• Do you have any ideas on how the office could be changed or rearranged to adapt to the new technology in the legal field?

• Will you maintain the office’s membership in the National Association of Attorneys General (NAAG – also known to wags as the National Association of Aspiring Governors?)

• What criteria will you use in deciding whether to join with other attorneys general in filing multi-state actions against business entities accused of wrongdoing? If you think the case is wrong, will you accept Virginia’s share of any settlement?

• What criteria will you use in deciding whether to file “friend of the court” briefs on Virginia’s behalf with the U.S. Supreme Court? Have you read and were you comfortable with Virginia’s filing in the 2000 appeal of the election results in Florida?

• Are the salaries paid in the office sufficient to attract and retain the quality of staff that your clients (and the taxpayers) deserve? If not, are you willing to ask for better salaries even if you risk being accused of “growing government?”

• Will you ever handle oral arguments yourself before the Virginia or the United States’ supreme courts?

• Not long ago it was a fairly rare thing for the attorney general to propose a long list of his or her own bills. Are you comfortable with the recent profile of AGs as fonts of legislation?

• If it turns out you like the job and are good at it, will you at least consider a second term as attorney general? There’s no term limit on it, and the office would benefit from some stability under a good leader.

You’ll notice there is not one question about the attorney general’s role as the supposed “top cop” in Virginia. I can’t imagine any attorney general failing to zealously handle criminal appeals, including death penalty appeals. And on the constant storm of prisoner lawsuits, I’m sure a future attorney general will fight the ones that are frivolous and work with the Department of Corrections to address the occasional valid complaint.

This is an important job in Virginia and this is going to be a fascinating election. With the Fraternal Order of Police recently endorsing McDonnell and the National Riffle Association recently backing Deeds, the landscape got a bit more interesting. The seemingly tight race for the top job means these two candidates need some way to stand out on their own on November 8, and it will clearly matter who has the more frequent – and better – television ads.

The questions above will not be front and center and will not determine the outcome. But they give you a bit more insight into what is at stake.       

-- October 3, 2005